Law of Limitation Act in criminal proceedings
I used to be a troublemaker in the past. After undergoing therapy and counselling, I am now a new person. Unfortunately, during that dark period of my life, I committed a crime. The police arrested me but I was released on bail. I have been informed that I will be brought to justice. A friend informed me that there is a law on limitation of time for legal action. I was wondering whether I can challenge the legal action brought against me using this law. Several years have passed already and I am now a law abiding citizen.
VM, Mwanza
We commend your efforts to become a law abiding citizen.
It is true the Law of Limitation Act [Cap. 89 R.E 2019] (the Limitation Act) provides for limitation of time for legal action. However, the application of the Limitation Act is limited to civil proceedings and related matters. Section 43 (a) of the Limitation Act specifically states that the Act shall not apply to (a) criminal proceedings; (b) applications and appeals to the Court of Appeal; (c) proceedings by the Government to recover possession of any public land or to recover any tax or the interest on any tax or any penalty for non-payment or late payment of any tax or any costs or expense in connection with any such recovery; (d) forfeiture proceedings under the Customs (Management and Tariff) Act or the Excise (Management and Tariff) Act; (e) proceedings in respect of the forfeiture of a ship or an aircraft; (f) any proceeding for which a period of limitation is prescribed by any other written law, unless a contrary intention appears in the written law. Therefore you cannot rely on the Limitation Act to challenge the legality of criminal proceedings.
You have not said what crime you committed. We are aware that section 241 of the Criminal Procedure Act [Cap. 20 R.E 2022], provides that except where a longer time is specially allowed by law, a charge of an offence whose maximum penalty does not exceed imprisonment for 6 months or a fine of TZS 5000 cannot be instituted after the expiration of 12 months counted from the date of commission of the offence. Your lawyer can guide you further.