The Right to Bail in the Context of Juvenile Criminal Justice in Mainland Tanzania

Authors

  • Ms. Mwanabaraka Saleh Mnyukwa
  • Mr. Archibald Aristarch Kiwango

Keywords:

Criminal, Juvenile Justice and Bail

Abstract

The article delineates underlying legal underpinnings facing Juvenile Criminal Justice in Mainland Tanzania. Special attention is given to right to bail which have resulted into some ramifications to juvenile justice. Juvenile is in most of the jurisdictions regarded as a vulnerable group warranting special treatment while best interest of the child being of paramount consideration. Bail being one of the human rights ought to be given wholeheartedly without any inroads and/or appalling conditions. To the dismay, bail for juveniles characterize the use of the criminal law for adult offenders. The question that lingers is, why should the two be treated as they are at the same footing or else at par?

Why the law pertaining to bail for adults be applicable to the juveniles in its all fours? Why should they (juveniles) be subjected to the same appalling bail conditions as their adult counterparts? If the juvenile system has in fact come to serve the same function as the criminal system in criminal justice this should be made aware to the public and if so, should the juvenile not be accorded the rights and privileges as adult criminals however with some reservations or peculiarity be prescribed thereto? This article addresses the above issues, and recommends for holistic implementation of juvenile justice.

Author Biographies

Ms. Mwanabaraka Saleh Mnyukwa

LL.B (Hons) Zanzibar University, Masters in Women’s Law, University of Zimbabwe, a registered advocate to the Tanganyika Law Society and a Lecturer to the Institute of Judicial Administration Lushoto, Box 20 Lushoto, Tanga-Tanzania

Mr. Archibald Aristarch Kiwango

LL.M (Constitutional & Administrative Law), (MU), LL.B (MU), PGD in Legal Practice (The Law School of Tanzania), Assistant Lecturer in Law at the Institute of Judicial Administration Lushoto (IJA). He is an advocate of the High Court of Tanzania and subordinate courts thereto save for Primary Courts. The sentiments posited in this article do not represent any of these institutions, the author is solely responsible for the anomalies pressed in this article.

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Published

2020-11-01

How to Cite

Mnyukwa , M. S., & Kiwango, A. A. (2020). The Right to Bail in the Context of Juvenile Criminal Justice in Mainland Tanzania. Institute of Judicial Administration Journal, 2(2). Retrieved from https://journal.ija.ac.tz/index.php/files2/article/view/29

Issue

Vol. 2 No. 2 (2020): Institute of Judicial Administration Journal

Section

Articles