years of age who are in conflict with the law. Press and public are not allowed to attend
or report on the trial as discussed in Article 10.
Under the Children and Young Persons’ Act, bail is considered preferable to remand, and
the accused may be realised into the care of responsible persons. In cases where bail is
not permitted by law, the accused is detained in a Remand Home.
On the mainland of Tanzania there are only five remand homes which have a capacity of
215. There are no remand homes at all on Zanzibar. Because of low capacity, children
often end up in police lock-up or in remand with adults despite legal requirements that
they should be separate premises. No rules or regulations enable the Juvenile Court to
enforce this requirement. Between 2004 and 2005 a total of 2,692 children under 16
years passed through the five remand homes, of whom 11 escaped (please see annex 5,
table h). Rehabilitation programmes are available in the remand homes. 53 Remand homes
face a great number of problems including run-down facilities, inadequate water and
sanitation facilities, and congestion.
Some 844 children under the age of 18 were kept in pre-trial detention in mainland
prisons between 2003 and 2005, most of whom were accused of theft, stealing or
robbery, and 111 of whom were accused of murder (please see annex 5, table i).
Corporal punishment - Corporal punishment is still permissible under the Corporal
Punishment Act of 1930 and is the most common type of punishment imposed by the
courts in the mainland to persons under 18 years of age for almost all kinds of offences
except homicide. It is preferred by the courts, and considered an uncomplicated non53
Including: Primary education life skills, vocational training, counselling and guidance, family reunification and
reintegration, sports, art activity and recreation indoor play, spiritual education.
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