The Parole Boards Act

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CHAPTER 400
THE PAROLE BOARDS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
PAROLE BOARDS
3. Establishment of Parole Boards.
part iii
ELIGIBILITY AND CONDITIONS FOR PAROLE
4. Eligibility and conditions for parole.
5. Consequences for failure to comply with conditions for parole.
6. Procedure for parole and functions of Parole Boards.
part iv
MISCELLANEOUS PROVISIONS
7. Regulations.
8. Liability of Parole Board members, etc.
9. Penalty.
SCHEDULE

arole and functions of Parole Boards.
part iv
MISCELLANEOUS PROVISIONS
7. Regulations.
8. Liability of Parole Board members, etc.
9. Penalty.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Parole Boards Act. 2. In this Act, unless the context requires otherwise-
“Minister” means the minister responsible for prisons;
“National Parole Board” means the National Parole Board
established under section 3;
“Officer-in-Charge of prison” has the meaning assigned to it
under the Prisons Act;
“Parole Board” means the National Parole Board and
includes the Regional Parole Board established under
section 3. PART II
PAROLE BOARDS
3.–(1) There is hereby established the National Parole Board
for Mainland Tanzania and a Regional Parole Board for every
region in Mainland Tanzania. (2) The National Parole Board shall consist of-
(a) Chairman who shall be a person vested with knowledge
and experience in legal matters or in administration
Short title
Interpretation
Cap. 58
Establishment of
Parole Boards
Acts Nos. 5 of 2002 Sch. 11 of 2023 s. 72
CHAPTER 400
THE PAROLE BOARDS ACT
An Act to establish the Parole Boards, to provide for the procedure to release
prisoners on parole and related matters.

PTER 400
THE PAROLE BOARDS ACT
An Act to establish the Parole Boards, to provide for the procedure to release
prisoners on parole and related matters.

[1st January, 1998]
[GN. No. 783 of 1997]
Acts Nos. 25 of 1994
5 of 2002
9 of 2002
11 of 2023

[1st January, 1998]
[GN. No. 783 of 1997]
Acts Nos. 25 of 1994
5 of 2002
9 of 2002
11 of 2023

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.445
THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
of criminal justice, and who shall be appointed by the
President;
(b) Director of Public Prosecutions or a representative
from his office;
(c) Chief Medical Officer from the Ministry of Health;
(d) Commissioner for Social Welfare;
(e) senior officer from the President’s Office;
(f) two other members appointed by the Minister from
amongst persons of good standing in the society. (3) The Regional Parole Board shall consist of-
(a) Chairman who shall be appointed by the Minister and
who is vested with knowledge and experience in legal
matters or in administration of criminal justice;
(b) Regional Prosecutions Officer or his representative in
which that region is situated;
(c) Regional Medical Officer;
(d) senior Social Welfare Officer from the Regional Office;
(e) senior officer representing the office of the Regional
Commissioner;
(f) four other members to be appointed by the Minister
from amongst people of good standing in the society.

g the office of the Regional
Commissioner;
(f) four other members to be appointed by the Minister
from amongst people of good standing in the society.

(4) The Inspector General of Police or his representative and
the Principal Commissioner of Prisons or his representative
shall attend the meetings of the National Parole Board and
give advice where needed, but shall not be entitled to vote in
making any decision in any of the meetings. (5) The Regional Police Commander and the Regional
Prisons Officer shall attend to the meetings of the Regional
Parole Board and give advice where needed, but shall not be
entitled to vote in making a decision in any of the meetings. (6) The Secretariat of the National Parole Board shall be in
the office of the Principal Commissioner of Prisons. (7) The Secretariat of the Regional Parole Board shall be in
the office of the Regional Prisons Officer. (8) The tenure of office, quorum, meetings and proceedings
of the Parole Board shall be as prescribed in the Schedule to
this Act.

al Prisons Officer. (8) The tenure of office, quorum, meetings and proceedings
of the Parole Board shall be as prescribed in the Schedule to
this Act.

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THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
(9) The Minister may, by notice in the Gazette, alter, vary or
amend the Schedule to this Act. PART III
ELIGIBILITY AND CONDITIONS FOR PAROLE
4. A prisoner who is serving a sentence of imprisonment for
a period of four years or more, shall be eligible for parole, if-
(a) he is not serving a life sentence;
(b) he is not serving a sentence for the offence of armed
robbery, dealing in dangerous drugs, rape or defilement;
(c) his sentence has not otherwise been commuted or
subjected to a community service order under the
Community Service Act;
(d) he has served one third of his sentence for any other
offence other than those stipulated in paragraph (b);
(e) he has conducted himself with good behaviour for all
of the time he has been serving the sentence before he
is due for parole; and
(f) while on parole he complies with parole conditions laid
down under section 7 of this Act;
(g) the sentencing court does not prohibit the grant of
parole under section 169 of the Criminal Procedure
Act.

laid
down under section 7 of this Act;
(g) the sentencing court does not prohibit the grant of
parole under section 169 of the Criminal Procedure
Act.

5.–(1) A prisoner commits an offence where he-
(a) is released on parole; and
(b) fails to comply with conditions laid down under
regulations made under section 7. (2) A prisoner who commits an offence under this section
or under any other written law shall, if he is convicted of the
offence-
(a) be called upon to serve the remainder of the sentence
for which he was released on parole and in accordance
with the provisions of the Prisons Act; and
(b) serve the sentence for the offence for which he is
convicted pursuant to this section. Eligibility and
conditions for
parole
Acts Nos. 5 of 2002 Sch.;
9 of 2002 Sch. Cap. 291
Cap. 20
Consequences for
failure to comply
with conditions
for parole
Cap. 58

conditions for
parole
Acts Nos. 5 of 2002 Sch.;
9 of 2002 Sch. Cap. 291
Cap. 20
Consequences for
failure to comply
with conditions
for parole
Cap. 58

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THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
6.–(1) The Officer-in-Charge of prison may, where he is
satisfied that a certain prisoner meets the conditions stipulated
under section 4 of this Act, propose to the Regional Parole
Board that the prisoner be considered for release on parole. (2) A prisoner who meets the conditions under section 4
of this Act, may make application for release on parole to the
Regional Parole Board. (3) Where-
(a) the Officer-in-Charge of prison under subsection (1)
proposes a prisoner to be considered for release on
parole; or
(b) where the prisoner makes an application under
subsection (2),
the Regional Parole Board may, after perusing, scrutinising and
considering the particulars and records of that prisoner and
where the Regional Parole Board is satisfied that, the prisoner
is eligible for parole, forward that prisoner’s name to the
National Parole Board for further scrutiny, recommendation
and advice to the Minister.

ner
is eligible for parole, forward that prisoner’s name to the
National Parole Board for further scrutiny, recommendation
and advice to the Minister.

(4) The Minister may, after receiving the recommendations
from the National Parole Board on particulars and record of
a prisoner under subsection (3), consider and evaluate that
recommendation and where he is satisfied, grant or refuse to
grant to that prisoner, release on parole and any decision the
Minister makes, shall be in writing. PART IV
MISCELLANEOUS PROVISIONS
7.–(1) The Minister may make regulations-
(a) to regulate the procedure for releasing prisoners on
parole and to stipulate for sanctions where there is
breach of the procedure;
(b) to stipulate the award of allowances and benefits for
Parole Board members;
Procedure for
parole and
functions of
Parole Boards
Regulations

edure;
(b) to stipulate the award of allowances and benefits for
Parole Board members;
Procedure for
parole and
functions of
Parole Boards
Regulations

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THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
(c) to provide for the procedure for monitoring and
supervising of prisoners on parole;
(d) to regulate the procedure which the Commissioner
shall use in recalling prisoners who are on parole but
who misbehave or fail to meet parole conditions;
(e) to provide for special and standard conditions to be
adhered to by the prisoner while on parole; and
(f) to provide for any other matter or thing related to and
in furtherance of the provisions of this Act. (2) The regulations made under subsection (1) shall be
published in the Gazette. 8. A matter or thing done by a member of the Parole Board or
any other person empowered to perform any function under
this Act shall not render the member or that other person
personally liable for the matter or thing concerned, if done in
good faith in execution of his function under this Act. 9.

member or that other person
personally liable for the matter or thing concerned, if done in
good faith in execution of his function under this Act. 9.

A person who interferes with the administration of the
parole system or who contravenes the provisions of this Act,
commits an offence and on conviction shall be liable to a fine
not exceeding five hundred thousand shillings or to a term of
imprisonment not exceeding two years or to both. SCHEDULE
(Made under section 3(8))
1. The members of the National Parole Board or the Regional Parole
Board, as the case may be, shall elect one of their member to be the Vice
Chairman of the Parole Board and a member elected as Vice Chairman
of the Parole Board shall, subject to his continuing to be a member, hold
office for a term of one year from the date of his election, but shall be
eligible for re-election. 2. A member appointed under paragraphs (a) or (f) of subsection (2)
of section 3-
(a) shall, unless his appointment is sooner terminated by the
President or Minister, as the case may be, or he ceases in any
other way to be a member, hold office for a period of three
years but shall be eligible for re-election; and
Liability of Parole
Board members,
etc. Penalty
Vice Chairman
Tenure of office

for a period of three
years but shall be eligible for re-election; and
Liability of Parole
Board members,
etc. Penalty
Vice Chairman
Tenure of office

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THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
(b) may at any time resign his office by giving notice in writing
addressed to the Minister, and from the date specified in
the notice or, if no date is so specified, from the date of the
receipt of the notice by the Minister, he shall cease to be a
member. 3.–(1) The Parole Board shall ordinarily meet at times and places as it
deems necessary for the transaction of its business, but shall meet at
least once in every three months. (2) The Chairman, or in his absence, the Vice Chairman, may at any
time call a special meeting of the Parole Board, and shall call a special
meeting upon a written request by a majority of the members. (3) The Chairman, or in his absence, the Vice Chairman shall preside
at every meeting of the Parole Board. (4) In the absence of both the Chairman and the Vice Chairman,
members present shall elect a member from amongst themselves to
preside over the meeting. 4.

n the absence of both the Chairman and the Vice Chairman,
members present shall elect a member from amongst themselves to
preside over the meeting. 4.

The quorum at any meeting of the Parole Board shall be one third of
the members amongst whom two shall be-
(a) in the case of the National Parole Board-
(i) the Director of Public Prosecutions or his representative;
and
(ii) either of the two members appointed by the Minister
under paragraph (f) of subsection (2) of section 3; and
(b) in the case of the Regional Parole Board, the State Attorney-
in-charge of the zone in which that region is situated and two
from amongst the four members appointed by the Minister
under paragraph (f) of subsection (3) of section 3. 5.–(1) Subject to subparagraph (2), questions proposed at a meeting of
the Parole Board shall be decided by a majority of the votes of members
present and voting, and in the event of an equality of votes then the
person presiding shall have a casting vote in addition to his deliberative
vote. (2) A decision may be made by the Parole Board without a meeting
by circulation of the relevant papers among the members and the
expression of the views of the members in writing, but any member
may require that the decision be deffered and the subject matter be
considered at a meeting of the Parole Board.

he members in writing, but any member
may require that the decision be deffered and the subject matter be
considered at a meeting of the Parole Board.

6.–(1) The Parole Board shall cause to be recorded and kept details of
all business conducted or transacted at its meetings, and the minutes
of each meeting of the Parole Board shall be read and confirmed, or
amended and confirmed, at the next meeting of the Parole Board and
signed by the person presiding at that meeting. Meetings of
Parole Boards
Quorum
Decision of Parole
Boards
Minutes of
meetings

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THE PAROLE BOARDS ACT [CAP. 400 R.E. 2023]
(2) A minutes purporting to be signed by the person presiding at a
meeting of the Parole Board shall in the absence of proof of error, be
deemed to be a correct record of the meeting.
7. The validity of any act or proceeding of the Parole Board shall not
be affected by any vacancy among its members or by any defect in the
appointment of any of them.
8. Subject to the provisions of this Schedule, the Parole Board may
regulate its own proceedings.
Vacancies, etc.,
not to invalidate
proceedings
Parole Board may
regulate its own
proceedings