Delay in taking accused to Court
My husband is a traditional healer and was arrested after being found with Elephant tusks which he uses as medicine. He has been under police custody for three months now. Every time I visit him, the police tell the same story that the investigation is not complete. I want justice for my husband. What does the law say about delay in taking an accused person to Court? Please guide me.
JP, Kigoma
We are sorry to hear about your husband. Section 29 of the Economic and Organised Crime Control Act [Cap. 200 R.E 2022] (the EOCCA) requires that after a person is arrested, or upon the completion of investigations and the arrest of any person or persons, in respect of the commission of an economic offence, the person arrested shall as soon as practicable, and in any case within not more than 48 hours after his arrest, be taken before a District Court or the Resident Magistrate’s Court within whose local limits the arrest was made, together with the charge upon which it is proposed to prosecute him, for him to be dealt with according to law. The Law is clear that the limit is 48 hours.
The position of the Courts in interpreting this section 29 of the EOCCA is that how soon the accused should be brought to Court after arrest, depends on the circumstances of each particular case. In case the accused is not brought to Court within the time limit, the prosecution has to give an explanation why there was a delay. In absence of any explanation, an adverse inference will be drawn against the prosecution creating a doubt on the prosecution case. Your lawyer can guide you further.