COURTS JURISDICTION IN CRIMINAL LAW & PROCEDURE.

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COURTS JURISDICTION IN CRIMINAL LAW

& PROCEDURE
INTRODUCTION
In criminal matters, it is essential for a legal counsel: whether an advocate or prosecution
attorney to have knowledge of jurisdiction of courts. Indeed the question of jurisdiction lies at
the root of judicial functions. Courts are creatures of statute and can only exercise such powers
as conferred by statute. They may not exercise powers which the law does not, expressly or
impliedly, vest in them.

Jurisdiction is fundamental; it is not simply a question of form for it prescribes the boundaries of
the authority of a court. If a court tries a case over which it has no jurisdiction the sentence
passed and handed to the accused after such trial cannot stand. For instance it would be illegal
for a Primary court to try and convict an accused person charged with murder.
MEANING OF JURISDICTION
Simply defined the jurisdiction of a court refers to the extent to which or the limits within which,
courts or magistrates or judges may act in the course of handling a particular type of a case or
pass a particular sentence.
The limits within which a court may exercise its powers may be geographical or pecuniary or
may be prescribed according to the subject matter; that is by categorization of offences which
should be tried or inquired into by a certain court or the sentence which such court may impose.

Categories of Jurisdiction

Original Jurisdiction

Original jurisdiction means the power of a court to hear or try a case as a matter of first instance.
This requires that a particular type of case should only be commenced and tried in the lowest
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court in the ladder before moving to the next court in that hierarchy if need be. A court with
original jurisdiction may hear the case; make various findings and orders, pass judgment and
sentence the accused within the limits provided for in the law. According to sections 18, 40 and
41 of the Magistrates Courts’ Act, Primary Courts, District Courts and Resident Magistrates’
Courts in Tanzania mainland have original jurisdiction in criminal matters as provided by the
First Schedule (jurisdiction of primary courts) and Second Schedule (jurisdiction of district
courts) of the Act and any other law. The High Court of Tanzania has unlimited original
jurisdiction.
Further guidance regarding original jurisdiction of courts is to be found in other laws. The First
Schedule to the Criminal Procedure Act, Cap. 20, for instance, sets out the offences in
connection with which the High Court and district courts may exercise original jurisdiction.
Similarly original jurisdiction in relation to economic crimes lays with the High Court, in
accordance with section 3 of the Economic and Organized Crime Control Act, Chapter. 200.

Territorial Jurisdiction
Territorial jurisdiction means the geographical area within which a court may exercise its
powers. A District Court has jurisdiction within the district in which it is situated, and a court of
a resident magistrate has jurisdiction in the region within which it is situated (See Sections 4–5
Magistrates’ Courts Act, Cap. 11). On the other hand the High Court has jurisdiction within the
territorial limits of a State (See Article 108 Constitution of the United Republic 1977). Territorial
jurisdiction of the primary court is provided under section 3 of Cap. 11.
The case of Sharma v. R1, sufficiently illustrates the point as to the importance of territorial
jurisdiction. In that case territorial jurisdiction was in issue. The Court of appeal for Eastern
Africa pointed out that proof of place of commission of offence is essential to the prosecution’s
case and that although it is not always capable of exact proof, evidence should be led on which
the necessary inference can be drawn.
Subject Matter Jurisdiction

1
20 EACA 310
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Jurisdiction by subject matter, also termed jurisdiction by categorization of offences is expressly

conferred by legislation stating which offences are triable by what court. The First Schedule to
the Criminal Procedure Act, for instance, sets out what offences are triable by subordinate courts
and which are triable by the High Court. Similarly the First Schedule to the Magistrates’ Courts
Act, Cap. 11 set out which offences may be tried by primary courts in addition to other
subordinate courts.
The case of R v. Mrisho s/o Seffu2, sufficiently illustrates the issue of subject matter
jurisdiction. In that case the accused was tried and convicted by a district court of the offence of
incest by males contrary to section 158 (1) of the Penal Code. The High Court in revision
declared the trial a nullity as the offence is tribale only by the High Court. Consequently the
conviction was quashed, the sentence set aside, and the case was remitted to the subordinate c
Pecuniary Jurisdiction
Pecuniary jurisdiction, which usually applies to civil cases, means limitation of the powers of a
court by the value of the subject matter in issue. For the purpose of this paper it is only of
passing interest and need not detain us any further (See the provisions of Written laws
miscellaneous Amendments Act no. 3 of 2016).
Sentencing Jurisdiction

Section 170 (1) of the Criminal Procedure Act, prescribes what sentences subordinate courts may
lawfully pass. That sub-section provides that in cases where such sentences are authorized by
law, a subordinate court may pass a sentence of imprisonment for a term not exceeding five
years, as a general rule. Similarly it may not impose a fine of more than twenty million shillings.
For instance, where a subordinate court convicts a person of the offence of stealing from the
person of another (s. 269 Penal Code), an offence which carries a maximum sentence of ten
years imprisonment, the maximum sentence it can impose on the convicted person is five years
imprisonment, regardless of what the aggravating circumstances may be.

2
[1968] HCD 140
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If however, a subordinate court convicts a person of an offence scheduled under the Minimum
Sentences Act, Cap. 90, and such sentence is authorized by law, it may pass a sentence of
imprisonment for such offence for a term not exceeding eight years.
Appellate Jurisdiction

Appellate jurisdiction means the power of a court to hear or try matters on appeal from another
court inferior to it. For instance section 20 of the Magistrates’ Courts Act gives district courts the
power to hear appeals from decisions of primary courts, while section 21 stipulates what district
courts may do in exercise of their appellate jurisdiction. Further, in terms of section 25 of the
same Act; parties aggrieved by decisions of district courts in the exercise of their appellate
jurisdiction may further appeal to the High Court. Finally, in accordance with section 4 of the
Appellate Jurisdiction Act, Cap 141, the Court of Appeal has jurisdiction to hear and determine
appeals from the High Court and from subordinate courts with extended jurisdiction. court for
committal proceedings at the option of the Republic.

As such in criminal matters a person convicted on a trial held by the High Court or by a
subordinate court exercising extended powers may appeal to the Court of Appeal. Similarly if the
Director of Public Prosecutions is dissatisfied with any acquittal, sentence or order made or
passed by the High Court or by a subordinate court exercising extended powers he may appeal to
the Court of Appeal against the acquittal, sentence or order, as the case may be.
Extended Jurisdiction

When a subordinate court is given power to try offences not ordinarily tried by subordinate
courts, it is said to exercise extended jurisdiction. Indeed it ought to be borne in mind that
extended jurisdiction is not for the courts but for the Magistrates. In terms of section 173 of the
Criminal Procedure Act, the Minister responsible for legal affairs may, after consultation with
the Chief Justice and the Attorney General, by order published in the Gazette invest any resident
magistrate with power to try any category of offences, or specified cases which, would ordinarily
be tried by the High Court, specifying the area within which he may exercise such extended
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powers. Similarly by virtue of section 45 of the Magistrates’ Courts Act, a magistrate may be
vested by the Minister with appellate jurisdiction ordinarily exercisable by the High Court.
A magistrate exercising extended jurisdiction has the power to impose any sentence which could
lawfully be imposed by the High Court. Therefore, for the purposes of any appeal from or
revision of his decision in the exercise of extended jurisdiction, such resident magistrate is
deemed to be a judge of the High Court, and the court presided over by him while exercising
extended jurisdiction shall be deemed to be the High Court.
Revisional Jurisdiction

Revision jurisdiction is the power vested in a superior court to examine the records of an inferior
court in order to satisfy itself as to the correctness, legality or propriety of any decisions or orders
made by such (inferior) court. Thus, in terms of section 22 of the Criminal Procedure Act a
district court may call for and examine the records of proceedings in primary courts and revise
them.
Similarly a Resident Magistrate-in Charge may call for and inspect the record of originating in
primary courts, as persons aggrieved by a decision of a district court in the exercise of its
revision powers over primary courts may appeal to the High Court.
Similarly section 372 of the Criminal Procedure Act empowers the High Court to call for records
of a subordinate (magistrate’s) court for the purpose of examining such record and satisfying
itself as to the correctness, legality or propriety of any finding, sentence or order recorded or
passed by that court. The revision jurisdiction of the primary court is provided under section 21
of Ward Tribunal Act Cap 206.
Summary Jurisdiction

Criminal trials before subordinate courts involving offences which fall within the ambit of
jurisdiction of subordinate courts are normally disposed of by way of summary trial. This
happens because the subordinate court is vested with the power to try such offences and impose
the appropriate sentence. Criminal offences triable by subordinate courts are also technically
known as summary offences. As such they may be said to be disposed of in by way of summary
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trial3, and the subordinate court involved in disposing of the cases may rightly be said to exercise
summary jurisdiction. The First Schedule to the Criminal Procedure Act contains a list of some
of the offences which subordinate courts may dispose of by way of summary trial. Where
offences not triable by a subordinate court are involved, it has to hold committal
proceedings4The terms summary trial and summary jurisdiction have, by some authorities on
Criminal Procedure, been associated with (and sometimes restricted to) the provisions of section
213(1) of the CPA which lay down the procedure that may be followed by subordinate courts in
the case of minor offences detailed in sub-section two of that section, which may be tried without
recording the evidence.
Supervisory Jurisdiction
The High Court exercises general powers of supervision over all courts in the exercise of their
jurisdiction and therefore has power to:
 call for and inspect the record of any proceedings in a any proceedings in a district court
and the High Court has revision jurisdiction over matters district court or primary court
and examine the records or register thereof; or
 direct any district court to call for and inspect the records of any proceedings of the
primary court established in its district and to examine its records and registers thereof, in
order to satisfy itself, as to the correctness, legality and propriety of any decision or order
and as to the regularity of any proceedings therein; (see s.30 (1) Magistrates’ Courts Act).
Similarly a resident Magistrate-in-Charge may call for and inspect the record of any proceedings
in a resident magistrates' court, a district court or a primary court and examine the records or
registers thereof for the purpose of satisfying himself as to the correctness, legality or propriety

3
Section 2 of the Criminal Procedure Act defines summary trial to mean ‘a trial held by a subordinate
court under Part VII of the Act’. This part of the Criminal Procedure Act details the procedure to be
followed in trials before subordinate courts.
4
Section 244 of the Criminal Procedure Act explains the circumstances under which committal
proceedings are to held.
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of any decision or order and as to the regularity of any proceedings therein: (See section 30(2) of
the Magistrates’ Courts Act.).