The Transfer of Prisoners Act

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CHAPTER 387
THE TRANSFER OF PRISONERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
TRANSFER OF SENTENSED PRISONERS TO THE
UNITED REPUBLIC OF TANZANIA
4. Designation of countries.
5. Request for transfer.
6. Obligation to furnish information.
7. Insane or mentally disordered prisoners.
8. Means of communicating information on requests.
9. Supporting documents.
10. Remission.
11. Detention of transferred prisoners.
12. Parole.
13. Prerogative of mercy.
part iii
TRANSFER OF PRISONERS FROM THE UNITED
REPUBLIC OF TANZANIA
14. Transfer of prisoner from United Republic of Tanzania.
part iv
CUSTODY AND TRANSFER OF PRISONERS
15. Prisoner in lawful custody during transfer.
16. Continued enforcement.

from United Republic of Tanzania.
part iv
CUSTODY AND TRANSFER OF PRISONERS
15. Prisoner in lawful custody during transfer.
16. Continued enforcement.

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
17. Termination of enforcement.
18. Cost of transfer of sentenced prisoners.
19. Transit prisoners.
20. Regulations.
21. Omitted.

[CAP. 387 R.E. 2023]
17. Termination of enforcement.
18. Cost of transfer of sentenced prisoners.
19. Transit prisoners.
20. Regulations.
21. Omitted.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Transfer of Prisoners Act
2. This Act shall apply to a prisoner who is already serving a
sentence of imprisonment on the date of commencement of
this Act in a country designated by the Minister in accordance
with section 4 of this Act
3. In this Act unless the context requires otherwise-
“Act” means the Transfer of Prisoners Act;
“appropriate authority”; in relation to Tanzania; means the
Minister or other person or authority designated by him for
the purpose of this Act, and in relation to a foreign country
means the authority responsible for the administration of
the law relating to the transfer of prisoners;
“designated country” means a country designated pursuant
to the provisions of section 4 of this Act;
“Minister” means the Minister responsible for matters
relating to prisoners;
“prisoner” means a Tanzania citizen serving a sentence in a
designated country or a citizen of a designated country
serving a sentence in Tanzania;
Short title
Application
Interpretation
Cap.

ng a sentence in a
designated country or a citizen of a designated country
serving a sentence in Tanzania;
Short title
Application
Interpretation
Cap.

387
CHAPTER 387
THE TRANSFER OF PRISONERS ACT
An Act to provide for the transfer of prisoners between the United Republic
of Tanzania and other countries for the purpose of enforcing sentences of
imprisonment passed upon them and to provide for matters connected
therewith. [1st July, 2004]
[GN. No. 274 of 2004]
Act No. 10 of 2004

g sentences of
imprisonment passed upon them and to provide for matters connected
therewith. [1st July, 2004]
[GN. No. 274 of 2004]
Act No. 10 of 2004

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
“transfer” means transfer of a prisoner from a designated
country to Tanzania or from Tanzania to a designated
country; and
“warrant” means a judicial document authorising the
transfer of a prisoner to or from the United Republic. PART II
TRANSFER OF SENTENCED PRISONERS TO
THE UNITED REPUBLIC OF TANZANIA
4. Where an agreement has been made with a country in
respect to the transfer of prisoners to Tanzania, the Minister
may by an order published in the Gazette, declare that, this
part of the Act shall apply in the case of that country subject to
conditions, exceptions and qualifications as may be specified
in the order, and this Part shall apply accordingly.

the case of that country subject to
conditions, exceptions and qualifications as may be specified
in the order, and this Part shall apply accordingly.

5.–(1) Where the Minister is requested by an appropriate
authority of a designated country that-
(a) a prisoner or his representative has applied for a transfer
to Tanzania and that country has agreed to the transfer;
(b) country requests the transfer and the prisoner consents
to that transfer,
the Minister shall after consultation with the Attorney
General determine whether he agrees to the transfer or not. (2) A request made under this section for the transfer of a
prisoner shall be accompanied by the following particulars:
(a) the name, sex, date and place of birth, or if the date of
birth is not known, the approximate age of the prisoner;
(b) the prisoner’s address if any, in Tanzania;
(c) a certified copy of the judgment or other order of the
court;
(d) a statement of the facts and circumstances upon
which the conviction and sentence or other order
were based;
Designation of
countries
Request for
transfer

atement of the facts and circumstances upon
which the conviction and sentence or other order
were based;
Designation of
countries
Request for
transfer

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
(e) the nature of the sentence, if any, its date of
commencement and duration;
(f) a medical or other report pertaining to the prisoner
including a report of his treatment in the designated
country together with any recommendation for further
treatment in Tanzania;
(g) the address of the prisoner’s last residence;
(h) full names and addresses of three referees who are
citizens of the United Republic of Tanzania and are at
the material time residing in Tanzania; and
(i) any other information which the Minister may
require to enable him to consider the desirability of a
transfer. (3) The Minister may, on receipt of an application under
subsection (1), request the designated country to furnish him
with information indicating that the prisoner -
(a) has applied or consented to the transfer; or
(b) by reason of his physical, mental condition or age
appears to be incapable of acting for himself, and that
an application has been made or consent has been
given by another person on behalf of the prisoner.

rs to be incapable of acting for himself, and that
an application has been made or consent has been
given by another person on behalf of the prisoner.

(4) Where the application for transfer of a prisoner to
Tanzania has been made by a prisoner or consent for transfer
to Tanzania has been given by another person on behalf
of a prisoner, and where the prisoner is habitual resident
of Tanzania Zanzibar, the Minister shall before making a
decision, consult with the Minister responsible for the custody
of offenders in the Revolutionary Government of Zanzibar
regarding the application and, where there is consensus in the
affirmative, the provisions of this Act shall mutatis mutandis
apply to the transfer. (5) In determining the request for transfer made under
subsection (1), the Minister shall not agree to a transfer where
the prisoner has less than six months of the sentence remaining
to be served except on exceptional circumstances.

shall not agree to a transfer where
the prisoner has less than six months of the sentence remaining
to be served except on exceptional circumstances.

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
6.–(1) Where the Minister determines request for a transfer
he shall-
(a) inform the appropriate authority of a designated
country of the decision; and
(b) where he agrees to the transfer, issue a warrant in the
prescribed form for that purpose. (2) A prisoner or his representative who is aggrieved by the
decision of the Minister may appeal to a court. (3) Where the Minister agrees to the transfer a prisoner, he
shall issue a warrant authorising-
(a) the bringing of the prisoner from the designated
country to the United Republic of Tanzania;
(b) the taking of the prisoner by an authorised person to a
place of detention as may be indicated in the warrant; and
(c) the detention of the prisoner in accordance with the
provisions as may be provided in the warrant, being
provisions appearing to the Minister to be appropriate
for giving effect to the arrangements in accordance
with which the prisoner is transferred. 7.

provisions appearing to the Minister to be appropriate
for giving effect to the arrangements in accordance
with which the prisoner is transferred. 7.

Where a citizen of the United Republic, having been charged
with an offence in a designated country, has been-
(a) ordered by a court of that country to be detained
because he has been found to be insane or mentally
disordered or mentally defective prisoner and unfit to
stand trial;
(b) found guilty of an offence but was insane at the time of
the commission of the offence,
that person may be transferred to the United Republic at the
request of the appropriate authority of that country and with
the consent of the Attorney General. 8.–(1) A request for the transfer of a prisoner and the reply
thereto shall be made in writing. (2) The communications relating to the transfer of a
sentenced prisoner shall be through means as may be
prescribed. Obligation
to furnish
information
Insane or
mentally
disordered
prisoners
Means of
communicating
information on
requests

h means as may be
prescribed. Obligation
to furnish
information
Insane or
mentally
disordered
prisoners
Means of
communicating
information on
requests

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
9.–(1) A certified copy of a judgment or other order referred to
in paragraph (c) of section 5(2) shall-
(a) be accepted as conclusive proof of the facts stated
therein; and
(b) have effect as if it were a judgment or other order of a
court of competent jurisdiction in Tanzania. (2) A document required under this Act to be certified
shall, where that document purports to be certified or signed
by a judicial officer of authority or by the person in charge of
any penal institution in the country in which the prisoner was
detained, and without proof of the signature or the official
character of the person by whom it purports to be signed or
certified, be accepted as evidence of the facts stated therein
unless the contrary is proved. (3) The document referred to in this section, shall when
accepted-
(a) be treated as though it was duly certified or signed
in relation to a person convicted and sentenced in
Tanzania; and
(b) subject to this Act, have effect according to the terms
thereof.

tified or signed
in relation to a person convicted and sentenced in
Tanzania; and
(b) subject to this Act, have effect according to the terms
thereof.

10.–(1) A transferred prisoner sentenced to a term of
imprisonment shall be-
(a) credited with any remission of that term to which
he had become entitled at the date of his transfer in
accordance with the law relating to remission of prison
sentences in the designated country; and
(b) credited to earn remission of the remaining term of
imprisonment as if he has been sentenced to a term
of imprisonment of the same length by a court in
Tanzania. (2) The remission of imprisonment referred to in paragraph
(a) of subsection (1) shall be liable to forfeiture for a disciplinary
offence as if it were remission earned by virtue of paragraph
(b) of subsection (1). Supporting
documents
Remission

e to forfeiture for a disciplinary
offence as if it were remission earned by virtue of paragraph
(b) of subsection (1). Supporting
documents
Remission

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
11.–(1) Subject to the provisions of this section, a transferred
prisoner shall be detained in a prison or other institution
as the Minister may direct for the unexpired portion of his
sentence
(2) A transferred prisoner who would, if he had been
convicted in Tanzania, have been treated by reason of his age
as a young offender within the meaning of the Child Act and
sentenced accordingly, shall be dealt with in accordance with
the provisions of that Act. 12.–(1) Where a prisoner has, before transfer been released
on parole in the designated country and the parole was
subsequently revoked, the time spent on parole shall count
towards the completion of sentence in Tanzania. (2) A transferred prisoner who is, at the date of his
transfer on parole in the designated country in which he was
convicted and sentenced shall, upon transfer to Tanzania,
be treated as a person on parole, notwithstanding that, a
prisoner may not be eligible for parole under the law relating
to parole of Tanzania.

zania,
be treated as a person on parole, notwithstanding that, a
prisoner may not be eligible for parole under the law relating
to parole of Tanzania.

(3) A breach of any condition of parole or of a conditional of
pardon shall render the offender liable to the same consequences
as if he had been granted respite, or had been conditionally
pardoned, in accordance with the laws of Tanzania. 13.–(1) This Act shall not be construed as limiting the President
from exercising prerogative of mercy provided for in Article
45 of the Constitution of the United Republic. (2) Where the prerogative of mercy has been exercised in
a designated country in respect of a transferred prisoner, a
pardon granted pursuant thereto, shall to the extent to which
that prerogative is exercised, have effect as if it were a pardon
granted by the President to the transferred prisoner in terms of
Article 45 of the Constitution of the United Republic. Detention of
transferred
prisoners
Cap. 13
Parole
Prerogative of
mercy
Cap. 2

soner in terms of
Article 45 of the Constitution of the United Republic. Detention of
transferred
prisoners
Cap. 13
Parole
Prerogative of
mercy
Cap. 2

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
PART III
TRANSFER OF PRISONERS FROM THE
UNITED REPUBLIC OF TANZANIA
14.–(1) Where an agreement between Tanzania and a
designated country has been or is deemed to have been entered
into, the Principal Commissioner of Prisons shall, as far as
practicable, cause to be informed prisoners who are citizens of
designated country of the purpose of the agreement. (2) A prisoner may apply in writing to the Minister through
the Principal Commissioner of Prisons to be transferred to a
designated country. (3) The Minister shall, where he agrees to the application
for the transfer, cause to be sent to the responsible person of
the designated country-
(a) the application made by the prisoner or certified copy
of the application; and
(b) particulars of the kind set out in section 5.

signated country-
(a) the application made by the prisoner or certified copy
of the application; and
(b) particulars of the kind set out in section 5.

(4) Where the designated country agrees to the transfer of
a prisoner, the Minister shall cause to be sent to appropriate
authority a request for a warrant issued under subsection
(3), authorising the taking of the sentenced prisoner from
his place of detention to a place of departure in Tanzania and
his delivery at that place into the custody of the responsible
authority of the country to which the sentenced prisoner is to
be transferred. (5) Where an application for transfer outside the United
Republic has been made by a prisoner or consent for the
transfer has been given by another person on behalf of the
prisoner, and where the prisoner is detained in Tanzania
Zanzibar, the Minister shall before making any decision consult
with the Minister responsible for the custody of offenders in
the Revolutionary Government of Zanzibar regarding the
application and, where there is consensus in the affirmative,
the provisions of this Act shall mutatis mutandis apply to
the transfer. Transfer of
prisoner from
United Republic
of Tanzania

sus in the affirmative,
the provisions of this Act shall mutatis mutandis apply to
the transfer. Transfer of
prisoner from
United Republic
of Tanzania

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
PART IV
CUSTODY AND TRANSFER OF PRISONERS
15.–(1) A prisoner, while being transferred to or from Tanzania,
shall be deemed to be in lawful custody of the person who is
duly authorised to escort him. (2) Where a prisoner referred to under subsection (1)
escapes from the lawful custody, he shall be treated in the same
manner as a person escaping from custody under a warrant
issued for his arrest in Tanzania. 16.

om the lawful custody, he shall be treated in the same
manner as a person escaping from custody under a warrant
issued for his arrest in Tanzania. 16.

Notwithstanding the provisions of this Act, where the
sentence imposed by the foreign country upon a sentenced
prisoner who is transferred to Tanzania by its nature or
duration is incompatible with any law of the United Republic,
the President shall invoke the provisions of Article 45 of the
Constitution of the United Republic:
Provided that, the legal nature of the sentence imposed
shall so far as possible, correspond with that of the sentence
imposed by a foreign country
17.–(1) Where a prisoner is serving a sentence in Tanzania
consequent upon transfer, and the Minister is satisfied that,
the designated country from which he has been transferred
has immediately before his transfer to Tanzania exercised
the power of pardon or any other power which renders the
sentence no longer enforceable in that country, or that the
sentence completed, the prisoner shall no longer be subject to
detention by reason only of that sentence.

ger enforceable in that country, or that the
sentence completed, the prisoner shall no longer be subject to
detention by reason only of that sentence.

(2) Where a foreign sentenced prisoner is serving a
sentence in a designated country consequent upon his transfer
from Tanzania under this Act, and the power which renders
the sentence no longer enforceable in Tanzania has been
exercised or the sentence has been completed, the Minister
shall forthwith inform the designated country to which the
foreign prisoner was transferred that, he is no longer subject
to detention by reason only of that sentence. Prisoner in lawful
custody during
transfer
Continued
enforcement
Cap. 2
Termination of
enforcement

bject
to detention by reason only of that sentence. Prisoner in lawful
custody during
transfer
Continued
enforcement
Cap. 2
Termination of
enforcement

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
18.–(1) Subject to the provisions of this section, the cost of
a transfer of a prisoner under this Act shall be borne out by
Tanzania and the designated country in the proportion as may
be agreed upon by them. (2) Subject to the provisions of subsection (4), in the case
of a transfer of a prisoner who is a Tanzanian citizen, the
expenses of the transfer shall be borne by the prisoner or by
his agent, and for this purpose, the Minister shall have the
power to require a person with or without a surety to give an
undertaking to pay the expenses to the Minister. (3) The expenses referred to in subsection (2) shall be
regarded as a civil debt owed to the Government of Tanzania.

pay the expenses to the Minister. (3) The expenses referred to in subsection (2) shall be
regarded as a civil debt owed to the Government of Tanzania.

(4) The provisions of subsections (2) and (3) shall not apply
where it appears to the Minister that, it would be unreasonable
for him to exercise the power conferred by these subsections
because-
(a) of the exceptional circumstances of the case; or
(b) the means of the sentenced prisoner are insufficient
to meet the expenses, and their recovery, whether
immediately or at some future time, from the sentenced
prisoner or from any other source is impracticable. 19.–(1) Where-
(a) a designated country has agreed with a third country
to transfer a prisoner into or out of its territory
pursuant to an arrangement relating to the transfer of
prisoners; and
(b) that country seeking permission for the prisoner and
escorting officer to land and transit in Tanzania during
the course of the transfer, shall apply to the Minister,
for a permission to land and transit in Tanzania. (2) The Minister may refuse to issue a permit for transit
where-
(a) the person sought to be transferred is a citizen of
Tanzania;
(b) the offence for which the sentence was imposed is not
an offence under the laws of Tanzania; or
Cost of transfer
of sentenced
prisoners
Transit prisoners

offence for which the sentence was imposed is not
an offence under the laws of Tanzania; or
Cost of transfer
of sentenced
prisoners
Transit prisoners

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THE TRANSFER OF PRISONERS ACT [CAP. 387 R.E. 2023]
(c) the person being transferred is wanted in Tanzania in
respect of any offence against the laws of Tanzania. (3) A permit issued under subsection (1) shall not authorise
the holding of the prisoner in custody in Tanzania for a time
as is reasonably necessary to facilitate the transfer between the
requesting country and the country of destination. (4) A prisoner who is being transferred pursuant to a permit
issued under subsection (1) shall not while in Tanzania, be
detained or otherwise subjected to any restriction on his liberty
in respect of an offence committed or sentence imposed prior
to his departure from the territory of the designated country. 20.–(1) The Minister may make regulations as may be necessary
for better and proper administration of this Act.

e territory of the designated country. 20.–(1) The Minister may make regulations as may be necessary
for better and proper administration of this Act.

(2) Regulations made under this section may provide for-
(a) the form and manner in which a prisoner may apply to
be transferred to or from Tanzania;
(b) any matter which is required or permitted to be
prescribed under this Act; and
(c) generally any matter in respect of which the Minister
considers it necessary or expedient to make regulations
for carrying into effect the purposes of this Act. (3) Different regulations may be made in respect of different
designated countries. 21. [Omitted]. Regulations
Omitted