CAUTIONED STATEMENTS IN TANZANIA: A LEGAL PERSPECTIVE ON THEIR ADMISSIBILITY IN CRIMINAL TRIALS
Criminal investigation is a key component of the criminal justice system, wherein the investigative authorities obtain a suspect’s statement. To ensure the integrity of the process, the statement must be given voluntarily and only after the suspect has been warned beforehand. The burden of proof lies with the prosecution to demonstrate that the statement was provided voluntarily. If the investigative apparatus uses force to coerce the suspect into making a statement, there is a risk of the suspect falsely confessing to a crime they did not commit.
Laws and regulations are in place to oversee the investigative process and establish the factors to consider when questioning a suspect, ensuring that the statement is given voluntarily and of the suspect’s own volition. If the investigatory authorities violate these cautionary statement provisions, a confession made under such circumstances will be deemed inadmissible at trial.
This article examines the concept of the cautioned statement under the Criminal Procedure Act, focusing on the criteria that must be met for such a statement to be admissible in court. It also explores the conditions under which a cautioned statement may be rendered inadmissible in trial proceedings
Keywords: Admissibility, Cautioned Statement and Criminal Trial in Tanzania
