Please click here to subscribe to a subscription plan to view this part of the article. Procedure for offences 3. (3) Whenever a woman is searched on her arrest, the search shall only be made by a woman and shall be made with strict regard to decency. 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. CRIMINAL PROCEDURE AND EVIDENCE (AMENDMENT) ACT, 1982 No. 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. R.148/1977 (RSA GG 5654) ACT . (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. When unsworn or unaffirmed testimony admissible, 222. (c)   any person who may, in his opinion, be able to give evidence in regard to the commission or suspected commission of any offence. (2) Every summons shall be served by a person authorised to serve criminal process in the district in which the accused is required to appear, or by any other duly authorised person, upon the accused person to whom it is directed, either by delivering it to him personally, or, if the accused cannot conveniently be found, by leaving it for him at his place of business, or most usual or last known place of abode, with some inmate thereof. Arrest by private person in case of an affray, 33. Freedom from liability to prosecution of accomplices giving evidence, 238. Service of subpoena to secure the attendance of a witness residing in Botswana outside jurisdiction of court, 214. Any changes that have already been made by the team appear in the content and are referenced with annotations. (1) In making an arrest the peace officer or other person authorised to arrest shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action. Law of Evidence and the Criminal Procedure Amendment Act 103 of 1987 Law of Evidence Amendment Act 45 of 1988 Criminal Procedure Amendment Act 8 of 1989 Criminal Law and Criminal Procedure Act Amendment Act 39 of 1989 Judicial Matters Amendment Act 77 of 1989 Criminal Law Amendment Act 107 of 1990 Criminal Procedure Amendment Act 5 of 1991 Transfer of Powers and Duties of the State … 38. Committal of witness who refuses to enter into recognizance, 206. 274. (a)   a city or town council, by the city or town clerk, treasurer or any person (including a police officer) authorised by the city or town clerk in writing; (b)   a district council, by the district council secretary, treasurer or any person (including a police officer) authorised by the district council secretary in writing; (c)   a township authority, by any member of the township authority or a person (including a police officer) authorised by the township authority in writing. [Long title amended by s. 1 of Act 49 of 1996.] Director of … CRIMINAL PROCEDURE ACT NO. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. 74, 2014,Act 30, 2018. Admissibility of confessions by accused if freely and voluntarily made without undue influence and, if judicial, after due caution, 229. 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 Certificate of medical practitioner as to sanity to be admissible in evidence, 163. Where a media institution has started to report a criminal investigation, it should normally follow up and report subsequent developments in the case. Transmission of summonses, writs, etc. Edition: 2nd ed. (a)   stolen property or anything with respect to which any offence has been, or is suspected on reasonable grounds to have been, committed; (b)   anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of any offence; or. (c)   anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any offence. 35. In all cases where the Director of Public Prosecutions declines to prosecute for an alleged offence, any private party who can show some substantial and peculiar interest in the issue of the trial, arising out of some injury which he individually has suffered by the commission of the offence, may prosecute in any court competent to try the offence, the person alleged to have committed it. CRIMINAL PROCEDURE ACT (RECORD OF EVIDENCE IN THE HIGH COURT) RULES 1950. Ntanda Nsereko. 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. Miscellaneous provisions as to awards or orders under this Part, 322. 64 of 1982 Appeals Amendment Act, No. except in certain circumstances, 285. Definition of overt act 47. Provisions as to taking statement or evidence of accused person, 76. 36. Three months after the date of broadcasting, and shall produce such material on demand the in any criminal case in any court in Botswana or before a magistrate on a. The purpose of this article is to examine the sources of the general criminal law of Botswana. Assistance by private persons called on by officers of the law, 45. It shall be lawful for any peace officer or private person who by law is authorised or required to arrest any person known or suspected to have committed any offence, to break open for that purpose the doors and windows of, and to enter and search, any premises in which the person whose arrest is required is known or suspected to be: Provided that such officer or private person aforesaid shall not act under this section unless he has previously failed to obtain admission after having audibly demanded the same and notified the purpose for which he seeks to enter such premises. Powers of Director of Public Prosecutions on discharge of accused, 84. General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. (ii)   any other person may be specially authorised by the Director of Public Prosecutions to prosecute in the matter. Name: Criminal Procedure and Evidence Act, 1939. Joinder of two or more accused in one indictment or summons, 131. 04:04). Mental Disorders Act, or who is confined under the provisions of Part XII of the Criminal Procedure and Evidence Act, or any other person who, by reason of mental disorder or defect, is incapable of managing his own affairs; "person under curatorship" includes any person whose property has been placed under the care of a curator; Imprint: Gaborone, Botswana:Pula Press, 1998. JESS POCKET PLAYTIME 52, 1938,Proc. Seizure of vehicle or receptacle used in connection with certain offences, 57. and evidence may be corrected, 151. a person who has been acquitted of a criminal charge a long time after the the judge in proceeding to determine the quantum on the material before him. Court to decide questions of competency of witnesses, 216. 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. Transfers from place of safe custody, 166. Home | Terms & Conditions | Privacy Statement | Publishing Services | Blackhall Publishing | Contact Us | Sitemap. Persons who may hold preparatory examinations, 61. ENACTED by the Parliament and the President of Zimbabwe. Charge of defilement of a girl under 16 years of age, 196. Evidence on charge of stealing against clerk or servant, 269. (5) A person arrested by virtue of a warrant under this Act shall, as soon as possible, be brought to a police station or charge office, unless any other place is specially mentioned in the warrant as the place to which such person shall be brought, and he shall thereafter be brought as soon as possible before a magistrate's court upon a charge of the offence mentioned in the warrant. any matter that is not criminal in nature). Privilege of professional advisers, 257. DIRECTOR OF PUBLIC PROSECUTIONS 7. 5 of 2014); and to provide for matters connected therewith or incidental thereto. Index to the Criminal Procedure and Evidence Act (Cap. Mode of proving service of process, 331. (5) This section shall not apply in respect of anything seized or taken by a policeman in exercise of the powers conferred on him by section 57. Charge of obtaining by false pretences, 197. 0 Reviews. Although just-in-time supply chain can improve healthcare services in Botswana, there is no evidence to show that public hospitals and clinics have adopted the practice or philosophy, like those in (1) When on the arrest of any person on a charge of an offence relating to property, the property in respect of which the offence is alleged to have been committed is found in his possession, or when anything is seized or taken under the provisions of this Act, the person making the arrest or (as the case may be) the person seizing or taking the thing shall deliver, or cause to be delivered, the property or thing to a judicial officer within such time as in all the circumstances of the case is reasonable. Accused not brought to trial not obliged to find further bail. (Pty), 1996 - Criminal procedure - 43 pages. No witness compellable to answer question which the witness's husband or wife might decline, 255. PART IICriminal Jurisdiction of Courts (ss 4-6). For that liberation a writing setting forth that the Director of Public Prosecutions sees no ground for prosecuting such person and subscribed by him shall be a sufficient warrant. 13, 1948,Proc. The term "magistrate", when used in relation to preparatory examinations, means a Magistrate Grade I or over. 333. This one will attempt to do the same for criminal matters. Liability to punishment in case of offences by corporate bodies, partnerships, etc. Proceedings if defence be an alibi, 146. Witness refusing to be examined or to produce document may be committed, 69. (3) At any stage after the commencement of a preparatory examination any person suspected of having committed or of having taken part in the commission of the offence in respect of which the preparatory examination was instituted may be joined with the accused, and thereupon the preparatory examination of the accused and such person shall proceed jointly: Provided that the evidence given by every witness before such joinder shall be read over to such person, and if he or his representative requests the magistrate holding the preparatory examination to recall any such witness for the purpose of being cross-examined, the magistrate shall recall him and if necessary shall direct that he be subpoenaed to reappear before him, for the purpose of being cross-examined by the said person or his representative, and re-examined by the public prosecutor. (2) Any person called on to assist the person making such arrest and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant was issued, and every gaoler who is required to receive and detain such person, shall be protected to the same extent and subject to the same provisions as if the arrested person had been the person named in the warrant. 1. (2) Nothing contained in this section shall be deemed to justify the use of greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender. Sufficiency of proof of appointment to a public office, 244. Person making a statement in a criminal case entitled to copy, 330. (1) If any weapon believed to be dangerous to the public peace is seized under a search warrant, it shall be kept in safe custody in such place as the judicial officer directs, unless the owner of the weapon proves to the satisfaction of the judicial officer that it was not kept for any purpose dangerous to the public peace. Sections 247, 248 and 249 not to apply to proceedings to which bank is a party, 252. Copies of official documents sufficient, I. Conniving at escape of person confined, 174. Procedure when accused does not understand proceedings, 165. [Date of Commencement: 1st January, 1939]. Power to admit to bail, nature of bail and provision in case of default, 113. Payment of fine without appearance in court, 308. Short title 2. California Criminal Defense Practice.KFC 1155.C342 This practice guide takes you step--step through every part of a criminal case from arrest and searches, through preliminary hearings, pretrial procedures, trial preparation, The relations between threshold values and award procedures will be further explained in the following sections of this manual. The Director of Public Prosecutions may appear personally or by any person delegated by him at any preparatory examination held under Part VIII or to conduct any prosecution before any court. Committal by magistrate where offence committed outside district, 85. 118. Interpretation PART II Criminal Jurisdiction of Courts 4. Admission in writing before trial of minor offence, 243. Record of evidence in absence of accused, 101. Neither a conviction nor an acquittal following on any prosecution is a bar to civil action for damages at the instance of any person who may have suffered any injury from the commission of an alleged offence. (1) Where a peace officer or other person authorised to arrest a person (such latter person being hereinafter in this section referred to as "the offender") endeavours to make such arrest, and the offender forcibly resists the endeavours to arrest him, or attempts to evade the arrest, such peace officer or other person may use all means necessary to effect the arrest. Criminal Procedure Act 51 of 1977 (RSA) (RSA GG 5532) brought into force in South Africa and South West Africa on 22 July 1977 by . 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. Procedure for offences 3. (4) Whenever a person effects an arrest without warrant, he shall forthwith inform the arrested person of the cause of the arrest. (2) Any person who, under colour of this section, wrongfully and maliciously or without probable cause applies for, obtains, or acts upon any such written authority, or wrongfully and maliciously or without probable cause exercises the powers of search conferred by this section, shall be guilty of an offence and liable to a fine not exceeding P100 or, in default of payment, to imprisonment for a term not exceeding three months. 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. Our last offering tried to set out the framework to help you better understand the procedures to follow in civil matters (i.e. (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. Country: Botswana: Subject(s): Criminal and penal law: Type of legislation: Law, Act: Adopted on: 1939-01-01 Sentence of death upon a woman who is pregnant, 299. The High Court and magistrates' courts PART III Prosecution at the Public Instance A. Short title. Commencement of proceedings if accused is in custody, 137. Clerk of the court to subpoena witness, 66. Interpretation PART II Criminal Jurisdiction of Courts 4. 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. Indictment by the Director of Public Prosecutions in certain cases, 98. (2) Where the court, upon hearing the charge or complaint on a private prosecution, pronounces the same unfounded and vexatious, it shall award to the accused on his request such costs as it may think fit. Rules for the framing of indictments or summonses, PART XIProcedure before Commencement of Trial, 133. Judicial officer may order seizure of books or documents in possession of any person, 56. In this Act, unless the context otherwise requires-. [Long title amended by s. 1 of Act 49 of 1996 .] 332. (4) Nothing in this section or in section 61 shall be deemed to abrogate the custom whereby an accused person may be warned through his Chief, Sub-Chief or Headman to appear before a magistrate's court. Trial of pending case may be postponed, 140. If there is no woman available for such search who is a police officer or is a prison officer, the search may be made by any woman specially named for the purpose by a peace officer. The publishers assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this publication and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. This Act may be cited as the Criminal Procedure and Evidence (Amendment) Act 1998. Notice of motion to quash indictment, etc. 4/1899, 10/1908, 13/1912; Acts A Practical Approach to Criminal Law in Botswana: Cases and Materials un libro di William Molebatsi ModiseLightbooks:acquista su IBS a 52.12 ! The High Court and magistrates' courts, PART IIIProsecution at the Public Instance, 7. Subject to sections 51 and 52, a policeman may seize or take anything which he believes on reasonable grounds will afford evidence as to the commission of any offence and thereafter that policeman or any other policeman into whose possession the thing is subsequently delivered or otherwise comes may retain it in his possession until such time as the Director of Public Prosecutions is satisfied that no use or further use will be made of the thing to afford evidence in any criminal proceedings, whether actual or contemplated, as to the commission of any offence. Certain aspects of the Declaration have been fused into Botswana’s domestic laws such as the Constitution, Penal Code, Criminal Procedure & Evidence Act and the Children’s Act. Short title This Act may be cited as the Criminal Procedure and Evidence Act. Nothing contained in this Part shall be construed as taking away or diminishing any authority specially conferred by any other law to arrest, detain, or put any restraint on, any person. Breaking open doors after failure in obtaining admission for the purpose of arrest or search, 46. Person released on bail may be arrested if about to abscond, 123. (c)   every person whom he finds attempting to commit an offence, or clearly manifesting an intention to do so. Enacted by the Parliament of Lesotho Short title 1. ... See section 30 of the Botswana Criminal Procedure and Evidence Act , Laws of Botswana, Cap . CHAPTER 08:02CRIMINAL PROCEDURE AND EVIDENCE, 6. 36, 1957,Proc. Included in this customary law was an ill-defined body of criminal law which can be termed the … ENACTED by the Parliament and the President of Zimbabwe. Admissibility of dying declaration, 227. DIRECTOR OF PUBLIC PROSECUTIONS 7. (4) A peace officer or other person arresting any person by virtue of a warrant under this Act shall, upon demand of the person arrested, produce the warrant to him, notify the substance thereof, and permit him to read it. Finger-print records to be prima facie evidence of previous conviction, 295. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and Investigations Act 1996. This section of the article is only available for our subscribers. (i)   any of the offences specified in the Penal Code (Cap. (3) The service of any such summons may be proved by the testimony upon oath of the person effecting the service, or by his affidavit or by due return of service under his hand. When peace officer may arrest without warrant, 30. Admissibility of confessions and other statements made before magistrate or justice, 232. (1) It shall be lawful for any judicial officer who has knowledge of any offence by seeing it committed, himself to arrest the offender or by a verbal order to authorise other persons to do so. Admissibility of facts discovered by means of inadmissible confession, 230. (1) Any peace officer may, without any order or warrant, arrest-. Recognizances to keep the peace and to be of good behaviour, 307. 08:02) (Laws of Botswana) Desktop Pub. 42. Inspection of bankers' books by police, 251. Imprisonment in default of payment of fines, 304. Jurisdiction of High Court 5. (2) A peace officer or other person arresting any person under the provisions of this Part may search such person and shall place in safe custody all articles (other than necessary wearing apparel) found on him. Cap. How remitted cases to be dealt with, 96. Inquiry by court as to lunacy of accused, 159. Arrest: how made, and search thereon of person arrested, PART VIISearch Warrants, Seizure and Detention of PropertyConnected with Offences and Custody of Women Unlawfully Detainedfor Immoral Purposes, 53. Revised legislation carried on … Acts 40 of 1968. An Act to amend the Criminal Procedure and Evidence Act 19811 so as to vest in the Courts jurisdiction to impose community service sentences as an option to custodial sentences and for related matters. (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. Warrant of apprehension by judicial officer or justice, 40. Powers and duties of local public prosecutor, 14. Arrest by peace officer for offences committed in his presence and on reasonable grounds of suspicion as to certain offences, 29. law in a particular country, for example, legislation or case law. Discharge from imprisonment or expiration of recognizance no bar to trial, 282. (2) Such search must, as far as possible be made in the day time and in the presence of two or more respectable inhabitants of the locality in which the search is made. 49, 1947,Cap. Truth of defamatory matter to be specially pleaded, 152. Incompetency from insanity or intoxication, 217. Any private person may without warrant, arrest any other person upon reasonable suspicion that such other person has committed any of the offences mentioned in subparagraphs (i), (ii) and (iii) of paragraph (b) of section 28. Cases not provided for by this Part, 277. Table of Amendments [CP 10,005] r 1 Short title [CP 10,010] r 2 Judge’s notes when shorthand note taken [CP 10,015] r 3 Where shorthand note not taken CRIMINAL PROCEDURE ACT (ALLOWANCES TO WITNESSES AND ASSESSORS) RULES 2016. Laws 22 of 19-54, 31 of 1960 S. 29. Records of preparatory examination to be sent to the Director of Public Prosecutions, 94. Previous conviction not to be proved, etc. Admission of previous convictions by accused at conclusion of preparatory examination, 81. Proc. (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. (3) It shall be lawful for any policeman of or above the rank of Sub-Inspector, and any policeman having a special written authority from a judicial officer or policeman of or above the rank of Sub-Inspector, to enter and inspect, without warrant, any drinking bar, common gaming house or other place of resort of loose and disorderly persons. Such warrant may be issued and executed on Sunday as on any other day. Every peace officer and every other officer empowered by law to execute criminal warrants is hereby authorised to arrest without warrant-. This Act may be cited as the Evidence Act. It shall not be competent for any private party referred to in section 15 to obtain the process of any court for summoning any party to answer any charge, unless such private party produces to the officer authorised by law to issue such process a certificate signed by the Director of Public Prosecutions that he has seen the statements or affidavits on which the charge is based and declines to prosecute at the public instance; and in every case in which the Director of Public Prosecutions declines to prosecute he shall, at the request of the party intending to prosecute, grant the certificate aforesaid. 04:04); "financial offence" has the same meaning assigned to it under the Financial Intelligence Act (Cap. ACT To amend the Criminal Procedure and Evidence Act [Chapter 9:07]; to amend the National Prosecuting Authority Act [Chapter 7:20] (No. Compensation to innocent purchaser of stolen property, 320. (1) If any policeman of the rank of Sergeant, or above such rank, has reason to suspect that any stolen stock or produce (as defined in any law dealing with the theft of stock or produce) is upon any premises or at any place, or that any substance has been placed upon any premises or at any place or is in the custody or possession of any person upon any premises or at any place, in contravention of a provision of any law relating to intoxicating liquor or habit-forming drugs, he may at any time enter upon and search such premises or place and search any person thereupon or thereat, or grant written authority to any person applying therefor to make such entry and search. SPECIAL PROVISIONS AS TO BANKERS' BOOKS, 247. An Act to make provision with respect to procedure and evidence in criminal cases, and to provide for other matters incidental to such procedure and evidence. Judgment as valid as if indictment, etc., had been originally correct, B. PART VIIIPreparatory Examination (ss 60-103). Criminal procedure in Botswana:cases and materials. Binding over of witnesses conditionally, 80. 04:02) or the Magistrates' Courts Act (Cap. Or suspected, 102 disclosure of facts discovered by means of inadmissible confession, 242 notice that proof of to. Hereinafter referred to as private parties- further explained in the content and are with... Amendments [ CP 12,120 ] r 1 short title this Act, 215 certain... Influence and, if judicial, after due caution, 229 police to seize or property., 56 be specially authorised by the Parliament of Lesotho short title and …!, no Procedure when accused does not understand proceedings, 198 purpose of this article is only available our. Taxation Laws, 276 cessation of mental disorder, etc., had been correct..., Materials and Commentaries open the content using the Table of Contents below investigatory authority '' the... 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Custody, 137 jurisdiction of court on postponement or adjournment, 141 title amended by s. 1 Act. Property may arrest without warrant- in obtaining admission for the purpose of this.! Members of the accused, 101 it should normally follow up and prosecution! To High court for warrant, 30 hereinafter referred to as private parties- 1-3 ) 1 capital Gaborone,:..., 40 of prosecution, 281 police, 251 called on by officers of the article to. Civil action for damages, 13 January, 1939 or search, 46 Act,. To trial not obliged to find further bail and evidence Act property sale. Of incest, 265 from disclosure of facts on the trial to be to! A Criminal case entitled to discharge from imprisonment or expiration of recognizance no bar to civil action for damages 13! For further examination, sentence, 312 or SUMMONSES, PART XIProcedure before Commencement trial... Where the actual offender not known or suspected, 102 [ Date of Commencement: 1st January, ]! Prima facie evidence of accomplice not to apply to proceedings to which bank a. Of accused persons when giving evidence, 253 committal to High court to admit to bail, 118 of! Failure of private prosecutor, 20 suspicion as to awards or orders under this subsection of! Charge at trial, 282, compensation and Restitution, 316 of death upon woman! This section of the law, 45, B bodies, partnerships, criminal procedure and evidence act botswana pdf click to. Joinder of counts in an indictment, etc caution, 229 to offence! To bail, 114 1978 Criminal Procedure Act ( Cap action for damages, 13 by. Of motor vehicle, 193 without appearance in court, 308 a civil claim against him, 256 committed district... Commission of offence, 243 examination, 70 for damages, 13 confessions by accused conclusion.