Penal Code of Tanzania - Criminal Defense Wiki

he will be liable to be sentenced for the original offence.
(4) Where an order discharging an offender is made under this section the court may order
him to pay any compensation adjudged under section 31 or any costs ordered under section 32
of this Code.
38A. Commission of further offence
(1) If it appears to a judge or a magistrate that a person in respect of whom an order for
conditional discharge has been made has been convicted of an offence committed during the
period of conditional discharge he may, upon information in writing and on oath, issue a
summons requiring that person to appear at the place and time specified therein or may issue a
warrant for his arrest;
(2) A summons or warrant issued under this section shall direct the person so convicted to
appear or to be brought before the court by which the order for conditional discharge was
made.
(3) Where a person is respect of whom an order for conditional discharge has been made is
convicted by a magistrate of an offence committed during the period of conditional discharge,
the magistrate may commit him to custody or release him on bail, with or without sureties, until
he can be brought or appear before the court by which the order for conditional discharge was
made.
(4) Where it is proved to the satisfaction of the court by which the order for conditional
discharge was made that the person in respect of whom the order was made has been
convicted of an offence committed during the period of conditional discharge, the court may
pass any sentence upon him which it could pass if he had just been convicted by that court of
the original offence.
(5) Where a person in respect of whom an order for conditional discharge has been made by
a magistrate is convicted by the High Court of an offence committed during the period of
conditional discharge, the High Court may pass any sentence upon him which the court made
the order for conditional discharge could pass as if he had just been convicted by that court of
the original offence.
(6) Where under the provisions of this section a person who has been conditionally
discharged is sentenced for the offence in respect of which the order for conditional discharge
was made, that order shall cease to have effect.
38B. Effect of conviction and discharge
(1) Subject to the provisions of subsection (2), where a person is convicted of an offence and
discharged either absolutely or conditionally under the provisions of section 38, his conviction
for that offence shall be deemed not to be a conviction for any purpose other than the purposes
of the proceedings in which the order is made and of any subsequent proceedings which may