If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him or cause him to be pursued and arrested in any place in Botswana. (1) A telegram from any officer of any court or from any peace officer, stating that a warrant has been issued for the apprehension or arrest of any person accused of any offence, shall be a sufficient authority to any peace officer for the arrest and detention of such person until a sufficient time, not exceeding 14 days, has elapsed to allow the transmission of the warrant or writ to the place where such person has been arrested or detained unless the discharge of such person be previously ordered by a judicial officer: Provided that any such judicial officer may, upon cause shown, order the further detention of any such person for a period to be stated in such order, but not exceeding 28 days from the date of arrest of such person. Persons who may hold preparatory examinations, 61. Criminal procedure Single witness Satisfactory in all material respects Examining case law, the Court found that Botswana is a foreign State and that the Transmission of summonses, writs, etc. DIRECTOR OF PUBLIC PROSECUTIONS 7. Subpoenaing of witnesses or examination of persons in attendance by the court, 202. Judgment as valid as if indictment, etc., had been originally correct, B. Court may order accused to pay compensation, 317. 5, 1956,Proc. (1) Every private person, in whose presence anyone commits or attempts to commit an offence mentioned in subparagraphs (i), (ii) and (iii) of paragraph (b) of section 28 or who has knowledge that any such offence has been recently committed, is authorised to arrest without warrant or forthwith to pursue the offender; every other private person to whom the purpose of the pursuit has been made known is authorised to join and assist therein. Any person acting under a warrant or process which is bad in law on account of a defect in substance or in form apparent on the face of it, shall, if he in good faith and without culpable ignorance and negligence believes that the warrant or process is good in law, be protected from responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall in such case be an excuse: Provided that it shall be a question of law whether the facts of which there is evidence may or may not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law. (1) Where a person prosecuted at the instance of a private prosecutor is acquitted, the court in which the prosecution was brought may order the prosecutor to pay to the person prosecuted the whole or any part of the expenses (including the costs both before and after committal) which may have been occasioned to him by the prosecution. Jurisdiction of magistrates' courts 6. Mode of conducting private prosecutions, 22. ENACTED by the Parliament of Botswana. On the arrest of any person on a charge of an offence specified in Part I of the First Schedule the person making the arrest may seize any vehicle or receptacle in the possession or custody of the arrested person at the time of the arrest and used in the conveyance of or containing any article or substance in connection with which the said offence is alleged to be or to have been committed. 46, 1959,Proc. It is about 585, 730 sq km in size with apopulation of approximately 1,639,833.It shares common borders with South Africa on theeast and south, Namibia on the west and north, Zimbabwe on the east and Zambiaat a narrow strip in the north. how and when to be made, 145. Discharge from imprisonment or expiration of recognizance no bar to trial, 282. [Long title amended by s. 1 of Act 49 of 1996.] Evidence for prosecution by husband or wife of accused, 218. Freedom from liability to prosecution of accomplices giving evidence, 238. (b)   has in any prosecution given security in such amount and in such manner as the court may direct that he will pay the accused such costs incurred by him in respect of his defence to the charge, as the court before which the case is tried may order him to pay. William Molebatsi Modise. When offence committed on the boundaries of districts or on a journey, 88. 12of2009 3rd Sch. ' federal cases, and presents topics in a logical progression so you can find answers quickly and easily. Witness refusing to be examined or to produce document may be committed, 69. The High Court as constituted by the Constitution of Botswana shall have jurisdiction in respect of the trial of all persons charged on indictment with committing any offence within Botswana. Power of ordering liberation of persons committed for further examination, sentence or trial, 12. 9. Indictment by the Director of Public Prosecutions in certain cases, 98. Inducing desertion 45. At the request of a public prosecutor who has decided to institute a preparatory examination against any person not in custody, the clerk of the court to which such public prosecutor is attached shall make out a summons, requiring the said person to appear before such court for the purpose of undergoing a preparatory examination and shall deliver such summons to the person who is to serve it in terms of section 62(2). Revised legislation carried on … 42:01) or under any other enactment; "counsel" includes an attorney in proceedings before the High Court in which such attorney has the right of audience; "court" or "the court", in relation to any matter dealt with under a particular provision of this Act, means the judicial authority which under this Act or any other law has jurisdiction in respect of that matter; "day" or "day-time" means the interval between half-past six o'clock in the morning and half-past six o'clock in the evening; "district", in relation to the area of jurisdiction of any magistrate's court, means a district prescribed under the Magistrates' Courts Act (Cap. Unstamped instruments admissible in criminal cases. Notice of motion to quash indictment, etc. Statement of accused sufficient plea of former conviction or acquittal, PART XIIProcedure in Case of the Insanity or Other Incapacity ofan Accused Person, 158. Private prosecutor may apply to court for warrant, 18. Admissibility of dying declaration, 227. (1) The following persons also possess the right of prosecution under section 14 as private parties-. Accused not brought to trial not obliged to find further bail. Recognizance of witness to appear at trial, 73. 44, 1958,Cap. (3) Whenever there is lodged with or made before a local public prosecutor a sworn declaration in writing by any person disclosing that any other person has committed an offence chargeable in the magistrate's court to which such public prosecutor is attached, he shall determine whether there are good grounds or not: (i)   he may refer to the Director of Public Prosecutions the question whether he shall prosecute or not; and. ACT To amend the Criminal Procedure and Evidence Act [Chapter 9:07]; to amend the National Prosecuting Authority Act [Chapter 7:20] (No. Deposit of money by private prosecutor, 25. RSA Proc. Interpretation 2. 55, 1965,L.N. The safeguarding of the freedom of speech in Botswana should be closely connected to the and other media must take proper care not to publish inaccurate material. Arrest by private persons for certain offences on reasonable suspicion. Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. (2) In the case of any such dismissal as aforesaid, the accused shall not be again liable to prosecution, on the same charge, by any private prosecutor; but no such dismissal shall prevent the Director of Public Prosecutions, or a public prosecutor on the instructions of the Director of Public Prosecutions, from afterwards instituting a prosecution. Certificate of medical practitioner as to sanity to be admissible in evidence, 163. Magistrates' courts shall, subject to the provisions of this Act, have jurisdiction in all cases of offences committed within their several areas of jurisdiction, such jurisdiction being as prescribed in the laws relating to the jurisdiction of such courts. Entries in bankers' books admissible in evidence in certain cases, 248. a general rule, Open Procedure is to be pursued the CA. (3) Any person who, when called upon under the provisions of subsection (1) or (2) to furnish his name and address, fails to do so or furnishes a false or incorrect name or address shall be guilty of an offence and liable to a fine not exceeding P60 or, in the discretion of the court, to imprisonment without the option of a fine for a term not exceeding three months. General powers of police to seize or take property affording evidence as to commission of offence, 59. DIRECTOR OF PUBLIC PROSECUTIONS (ss 7-12). This Act may be cited as the Evidence Act. Government schools or colleges, as the case may be, with effect from the date specified in (b) the requirements for school buildings, premises and equipment; criminal or civil proceedings arising under or virtue of this Act. Provisions as to offences under two or more enactments, 335. Aiding prisoners of war to escape 46. Manner of dealing with convicted juveniles, 306. Bail before conclusion of examination in magistrate's discretion, 91. Records of preparatory examination to be sent to the Director of Public Prosecutions, 94. (2) The right is hereby conferred on city councils, town councils, district councils and township authorities to prosecute in respect of offences against their bye-laws. Charges of certain offences respecting infant and unborn children, and abortion, etc. 74, 2014,Act 30, 2018. PUMA BOTSWANA (PTY) LIMITED !BT RESPONDENT The Mutual Legal Assistance in Criminal Matters Act, Chapter 98 of the Laws of Zambia evidence, a court record relating to proceedings of a criminal character which that the material which the court below was asked to admit in evidence were Arrest and verbal order to arrest for offences committed in the presence of judicial officers, 28. CRIMINAL PROCEDURE ACT NO. (c)   every person whom he finds attempting to commit an offence, or clearly manifesting an intention to do so. Thereafter the warrant, summons or other process may be executed within the area of jurisdiction of the judicial officer or justice so endorsing it: Provided that, whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the judicial officer or justice within the area of whose jurisdiction the warrant, summons or other process is to be executed, will prevent its execution, the officer of the law to whom it is directed may execute it, without such endorsement, in any place beyond such area of jurisdiction. Binding over of persons to keep the peace, 336. Of least Proceedings if defence be an alibi, 146. Where a media institution has started to report a criminal investigation, it should normally follow up and report subsequent developments in the case. (ii)   any other person may be specially authorised by the Director of Public Prosecutions to prosecute in the matter. (1) Any peace officer may, without any order or warrant, arrest-. (2) Every person is hereby authorised to arrest without warrant any other person whom he believes on reasonable grounds to have committed an offence and to be escaping therefrom, and to be freshly pursued by one whom such private person believes on reasonable grounds to have authority to arrest the escaping person for that offence. 04:04), as the case may be; "telegraph" includes transmission by radio telegraphy or radio telephone; "valuable security" includes any document which is the property or in the lawful possession of any person and which is evidence of the ownership of any property or of the right to recover or receive any property; "vessel" means an aircraft, a ship, boat or similar craft. Let's Sing a Lulla with the Brave Cowboy free download PDF, EPUB, Kindle, [PDF] Criminal Procedure in Botswana : Cases and Materials free download, Criminal Procedure in Botswana : Cases and Materials, Available for download free When Things Begin to Go Bad : Narrative Explorations of Difficult Issues, Let's Sing a Lulla with the Brave Cowboy free download PDF, EPUB, Kindle. Notification of confinement and transfer, 167. No witness compellable to answer question which the witness's husband or wife might decline, 255. When peace officer may arrest without warrant, 30. Bank not compelled to produce any books unless ordered by court or magistrate, 250. General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. Persons brought before wrong court, 138. Director of … Weapons seized under search warrants, 60. Admissibility of confessions by accused if freely and voluntarily made without undue influence and, if judicial, after due caution, 229. Any changes that have already been made by the team appear in the content and are referenced with annotations. ©2021 AGC, Botswana All rights reserved, DisclaimerDisclaimer Enacted by the Parliament of Lesotho Short title 1. Procedure after arrest without warrant, 37. Previous conviction not to be proved, etc. Discharge with caution or reprimand, PART XIXCosts, Compensation and Restitution, 316. 118. Those changes will be listed when you open the content using the Table of Contents below. Privilege from disclosure of facts on the grounds of public policy, 258. Person making a statement in a criminal case entitled to copy, 330. (a)   any counterfeit coin or any forged bank note or bank note paper; (b)   any tool, instrument, or machine, adapted and intended for making any such counterfeit coin or forged bank note or bank note paper; (c)   any filings or clippings of gold or silver or any gold or silver in bullion, dust, solution or any other state which may be suspected on reasonable grounds to have been obtained by dealing with any current gold or silver coin in such a manner as to diminish its weight. 13, 1944,Proc. Every judicial officer and every justice, on production to him of a warrant or summons or other process relating to any criminal matter issued by any other judicial officer or justice shall grant his concurrence to it by an endorsement thereof. Such person shall also be liable to pay to the person lawfully in occupation of the premises or place when the same was searched such sum by way of damages, not exceeding P200 as any competent court may award. What people are saying - Write a review. ENACTED by the Parliament and the President of Zimbabwe. Powers of Director of Public Prosecutions, 95. Transfers from place of safe custody, 166. (1) A summons referred to in section 61 shall be directed to the accused person, and shall state the nature of the offence which he is alleged to have committed together with such particulars of the offence as are sufficient to enable him to know the substance of the charge he has to meet and shall also state the time and place where he is required to appear. (Pty), 1996 - Criminal procedure - 43 pages. CJS 323: Criminal Justice Practicum 'Administration of Justice, ADMINISTRATIVE LAW IN BOTSWANA: Cases, Materials and Commentaries. Persons committed to be brought to trial within reasonable time, 135. 189. (2) Before proceeding to inquire into the matter charged against the accused, the magistrate shall read and explain the charge to the accused and the procedure on a preparatory examination shall be made clear to him but he shall not be required to make any statement in reply to the charge: this same procedure shall be followed in the case of any person subsequently joined as an accused. 21 of 1982 ARRANGEMENT OF SECTIONS SECTION 1. he may issue his warrant directing a policeman or policemen named therein or all policemen to search any person, premises, other place, vehicle, or receptacle, and any person found in or upon such premises, other place, or vehicle, and to seize any such thing if found, and to take it before a judicial officer to be dealt with according to law. Offence to be specified in indictment or summons with necessary particulars, 129. (4) At the conclusion of the summary trial or (as the case may be) if the Director of Public Prosecutions declines to prosecute, the judicial officer shall direct that the thing be returned to the person from whose possession it was taken, unless he is authorised or required by law to dispose of it otherwise. AFTER PREPARATORY EXAMINATION IS CONCLUDED, 106. Criminal procedure in Botswana:cases and materials. Application for bail after commitment, 107. Ten days' notice of such application shall be given to the judicial officer, and the Minister shall make such order for the restoration or safe custody of such weapon as, upon such application, appears to him to be proper. If you need professional or legal advice you should consult a suitably, 66. 40, 1956,Proc. ENACTED by the Parliament and the President of Zimbabwe. (2) For the purposes of subsection (1) "bank note" includes any note (by whatsoever name called) which is legal tender in the country in which it is issued. Interpretation PART II Criminal Jurisdiction of Courts 4. Jurisdiction of High Court 5. (2) Unless such person is released by reason that no charge is to be brought against him, he shall, as soon as possible, be brought before a magistrate's court having jurisdiction upon a charge of an offence. 56 of 1979 Criminal Procedure Amendment Act, No. Irregularities not to affect the proceedings, 65. Commencement of proceedings if accused is in custody, 137. Powers of court in case of default of witness in attending or giving evidence, 203. We haven't found any reviews in the usual places. Procedure in Case of the Insanity or Other Incapacity of an Accused Person 157.Interpretation in Part XII 158.Inquiry court as to lunacy of accused 159.Defence of lunacy at preparatory examination 160.Defence of lunacy at trial 161.Resumption of examination or trial 162.Certificate of medical practitioner as to sanity to be admissible in evidence 163.Procedure, Other eBooks: Available for download free When Things Begin to Go Bad : Narrative Explorations of Difficult Issues Person to be laid in an indictment, etc., of Criminal lunatic, 173 to evidence in absence accused. Witnesses or examination of persons committed for further examination, 81 the of! ; and to provide for matters connected therewith or incidental thereto `` authority! Offences specified in indictment or summons with necessary particulars, 129 Sunday as any. Compensation and Restitution, 316 accused by friends and legal advisers, 103 private persons for certain respecting. Charges relating to seals and stamps, L. 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