Mag3
Platinum Member
- May 31, 2008
- 13,064
- 22,756
Someni hii sheria iliyotungwa na Bunge na kusainiwa na Rais Mstaafu Benjamin William Mkapa tarehe 12/6/1997 na kufanyiwa marekebisho mwaka 1999. Laiti sheria hii ingeandikwa kwa Kiswahili, kiburi cha watawala kingepungua...
Natanguliza samahani kwa wote ambao kwa bahati mbaya lugha iliyotumika ni ngeni kwao. Mnaweza kuwatafuta wa kuweza kuwatafsiria na nyie mfaidike na yaliyomo katika sheria hii ambayo niliamini vyombo vyetu vya Usalama na vya utoaji haki vinayajua fika.
Regional Administration 1999 Law and 7.-
(1) For the purposes of the effective and better exercise of his functions and duties under this Act, a Regional Commissioner shall have power to cause to be arrested any person who in his presence commits or to his knowledge has committed, any offence for which a person may be arrested and tried.
(2) Notwithstanding subsection (1), where a Regional Commissioner has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any act that may probably occasion a breach of the peace or disturb the public tranquility, and that breach cannot be prevented in any way other than detaining that person in custody, he may order a police officer verbally or in writing to arrest that person.
(3) A person arrested under the powers conferred by this section shall, as soon as is practicable, and in any case within not more than forty-eight hours after he is taken into custody, be taken before a magistrate empowered to deal with the case by the law for the time being in force in relation to the institution and prosecution of criminal proceedings.
(4) If a person arrested by or pursuant to an order of a Regional Commissioner under powers conferred by this section is not brought before a magistrate within forty-eight hours after he was taken into custody, he shall, upon the expiration of that period, be restored to freedom and shall not again be arrested by or under an Order of that Regional Commissioner pursuant to this section for the same cause.
(5) Where a Regional Commissioner orders the arrest of any person under the powers conferred by this section he shall, at the time of ordering the arrest or as soon as possible after giving the order, record in writing his reasons for arresting or ordering the arrest person of the concerned; and shall deliver a copy of his recorded reasons, or cause a copy to be delivered, at the time the person is brought before the magistrate or, if that person has been released before he is brought before the magistrate, as soon as practicable after the release; and for the avoidance of doubt a magistrate shall have power to order the release and restoration to freedom of any person brought before him pursuant to this section without the reasons of his arrest being herewith furnished to him in writing by or on behalf of the Regional Commissioner.
(6) Notwithstanding subsection (5), the production of a copy of recorded reasons for an arrest under this section shall not authorize a magistrate to dispense with any provision requiring information to be given on oath.
(7) A Magistrate before whom a person is brought under this section may, in his discretion, detain that person in custody until the completion of, the inquiry prescribed under section 79 of the Criminal Procedure Act without prejudice to the power of the court to grant bail.
(8) Every Regional Commissioner and every Police officer or other person carrying out the orders of a magistrate given under this section regarding the release and restoration to freedom of a person arrested in accordance with this section, and failure or neglect to execute the order shall constitute an offence of contempt of court and shall be dealt with in accordance with section 114 of the Penal Code.
(9) Where a Regional Commissioner exercises the powers conferred on him by this section in abuse of the authority of his office, then he, as well as any other person involved in procuring the Regional Commissioner to exercise the power in abuse of authority, is guilty of an offence and may be proceeded against in accordance with section 96 of the Penal Code..
Natanguliza samahani kwa wote ambao kwa bahati mbaya lugha iliyotumika ni ngeni kwao. Mnaweza kuwatafuta wa kuweza kuwatafsiria na nyie mfaidike na yaliyomo katika sheria hii ambayo niliamini vyombo vyetu vya Usalama na vya utoaji haki vinayajua fika.
Regional Administration 1999 Law and 7.-
(1) For the purposes of the effective and better exercise of his functions and duties under this Act, a Regional Commissioner shall have power to cause to be arrested any person who in his presence commits or to his knowledge has committed, any offence for which a person may be arrested and tried.
(2) Notwithstanding subsection (1), where a Regional Commissioner has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any act that may probably occasion a breach of the peace or disturb the public tranquility, and that breach cannot be prevented in any way other than detaining that person in custody, he may order a police officer verbally or in writing to arrest that person.
(3) A person arrested under the powers conferred by this section shall, as soon as is practicable, and in any case within not more than forty-eight hours after he is taken into custody, be taken before a magistrate empowered to deal with the case by the law for the time being in force in relation to the institution and prosecution of criminal proceedings.
(4) If a person arrested by or pursuant to an order of a Regional Commissioner under powers conferred by this section is not brought before a magistrate within forty-eight hours after he was taken into custody, he shall, upon the expiration of that period, be restored to freedom and shall not again be arrested by or under an Order of that Regional Commissioner pursuant to this section for the same cause.
(5) Where a Regional Commissioner orders the arrest of any person under the powers conferred by this section he shall, at the time of ordering the arrest or as soon as possible after giving the order, record in writing his reasons for arresting or ordering the arrest person of the concerned; and shall deliver a copy of his recorded reasons, or cause a copy to be delivered, at the time the person is brought before the magistrate or, if that person has been released before he is brought before the magistrate, as soon as practicable after the release; and for the avoidance of doubt a magistrate shall have power to order the release and restoration to freedom of any person brought before him pursuant to this section without the reasons of his arrest being herewith furnished to him in writing by or on behalf of the Regional Commissioner.
(6) Notwithstanding subsection (5), the production of a copy of recorded reasons for an arrest under this section shall not authorize a magistrate to dispense with any provision requiring information to be given on oath.
(7) A Magistrate before whom a person is brought under this section may, in his discretion, detain that person in custody until the completion of, the inquiry prescribed under section 79 of the Criminal Procedure Act without prejudice to the power of the court to grant bail.
(8) Every Regional Commissioner and every Police officer or other person carrying out the orders of a magistrate given under this section regarding the release and restoration to freedom of a person arrested in accordance with this section, and failure or neglect to execute the order shall constitute an offence of contempt of court and shall be dealt with in accordance with section 114 of the Penal Code.
(9) Where a Regional Commissioner exercises the powers conferred on him by this section in abuse of the authority of his office, then he, as well as any other person involved in procuring the Regional Commissioner to exercise the power in abuse of authority, is guilty of an offence and may be proceeded against in accordance with section 96 of the Penal Code..
