I heard that a lady from a foreign country was repatriated back to her home country because she was indulging in prostitution in Tanzania. I would like to know if prostitution is a crime in Tanzania and if it was proper to repatriate the lady who entered legally in Tanzania simply because of prostitution. LA, Arusha. Section of the Penal Code [Cap. E ] does not as such prohibit prostitution. It only prohibits living wholly or partly on the earnings of prostitution.
It is the living on the proceeds of prostitution which is an offence and not the act of prostitution itself. This needs further explanation. If a woman gives sexual service for free, she is not guilty of an offence but if she imposes charges for the service and lives on the revenue she collects from people she serves, then she is committing an offence of living on the earning of prostitution.
In view of section 23 1 e of the Immigration Act [Cap. The Immigration has the authority to expel from Tanzania a woman or man who lives on the proceeds of prostitution. My cousin was arrested and detained at a Police station on allegations that he assaulted a person while they were in bar boozing.
What can we do to compel Police to admit my cousin to bail? MM, Musoma. Bail is a constitutional right though the right is not an absolute right. It is a right subject to conditions prescribed in the written laws. Section 64 5 of the Criminal Procedure Act [Cap. E ] imposes a duty on a police officer arresting a person to inform the suspect that he has a right to bail if the offence for which he is arrested is bailable.
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In determining the likelihood of turning up after grant of bail, Police may also consider the circumstances in which the offence was committed, the nature and seriousness of the offence, the strength of the evidence and any information available relevant to the likelihood of the suspect absconding bail. Section 67 1 of the Criminal Procedure Act requires a police officer refusing to admit a suspect to bail to record in writing the reasons for such refusal.
