2. Entries in bankers' books admissible in evidence in certain cases, 248. (c)   every person whom he finds attempting to commit an offence, or clearly manifesting an intention to do so. (a)   a husband in respect of offences committed against his wife; (b)   the legal guardians or curators of minors or lunatics in respect of offences committed against their wards; (c)   the wife or children or, where there is no wife or child, any of the next of kin of any deceased person in respect of any offence by which the death of such person is alleged to have been caused. 9. Limitations as to trial for treason, etc. 118. >> Laws of Botswana: Laws of Botswana . (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. 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. 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. “The process outlined above will be effected by amending the five Sections of the Criminal Procedure and Evidence Act through the Criminal Procedure and Evidence (Amendment) Bill, 2013 (No.27 of 2013) and the Bill has six Clauses to effect such amendments,” he added. Mode of conducting private prosecutions, 22. Defence of lunacy at preparatory examination, 161. 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. Service of subpoena to secure the attendance of a witness residing in Botswana outside jurisdiction of court, 214. Procedure on commital for sentence under section 295, 297. Table of Amendments [CP 12,120] r 1 Short title and commencement … There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and Investigations Act 1996. 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 . (Pty), 1996 - Criminal procedure - 43 pages. 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. 5 of 2014); and to provide for matters connected therewith or incidental thereto. Director of … Author: M. Cherif Bassiouni; Publisher: Martinus Nijhoff Publishers ISBN: 0792328884 Category: Political Science Page: 477 View: 287 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. 283. Director of … Criminal Procedure and Evidence Amendment Act, 2016. (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. Imprisonment in default of payment of fines, 304. ... See section 30 of the Botswana Criminal Procedure and Evidence Act , Laws of Botswana, Cap . Conviction on single evidence of accomplice, 241. Owners of property may arrest in certain cases, 34. (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. ENACTED by the Parliament of Botswana. The right of prosecution for murder shall not be barred by any lapse of time; but the right of prosecution for any other offence, whether at the public instance or at the instance of a private party, shall, unless some other period is expressly provided by law, be barred by the lapse of 20 years from the time when the offence was committed. The High Court and magistrates' courts, PART IIIProsecution at the Public Instance, 7. Seizure of vehicle or receptacle used in connection with certain offences, 57. Evidence on oath at preparatory examination, 71. 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. Truth of defamatory matter to be specially pleaded, 152. Districts in which preparatory examination may be held, 89. Persons charged with any offence may be convicted of attempt. (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. Well to place such cases in perspective from the Botswana point of view. Certified copies or extracts of documents admissible, 246. Judgment as valid as if indictment, etc., had been originally correct, B. federal cases, and presents topics in a logical progression so you can find answers quickly and easily. Statement of accused sufficient plea of former conviction or acquittal, PART XIIProcedure in Case of the Insanity or Other Incapacity ofan Accused Person, 158. The High Court and magistrates' courts PART III Prosecution at the Public Instance A. Commencement of proceedings if accused is in custody, 137. Recognizances to be entered into by private prosecutor, 20. The High Court and magistrates' courts PART III Prosecution at the Public Instance A. Evidence of character: when admissible, 233. 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. Witness excused from answering questions the answers to which would expose him to penalties, or degrade his character, K. SPECIAL RULES OF EVIDENCE IN PARTICULAR CRIMINAL CASES, 261. Jurisdiction of magistrates' courts 6. This Act may be cited as the Criminal Procedure and Evidence Act. Aiding prisoners of war to escape 46. RSA Proc. ENACTED by the Parliament and the President of Zimbabwe. Court to decide questions of competency of witnesses, 216. The purpose of this article is to examine the sources of the general criminal law of Botswana. No irregularity or defect in the substance or form of the summons or warrant or in the manner of arrest, and no variance between the charge contained in the summons or warrant and the evidence adduced on the part of the prosecution at the inquiry, shall affect the validity of any criminal proceedings at or subsequent to the hearing. When offence proved is included in offence charged, 188. Onus of proof in prosecutions under taxation laws, 276. (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. Private prosecutor may apply to court for warrant, 18. (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. R.148/1977 (RSA GG 5654) ACT . (2) Any person from whom any such weapon is so taken may, if the judicial officer upon whose warrant it was seized refuses upon application made for that purpose to restore it, apply to the Minister for the restoration of such weapon. (1) If any person finds in any place whatever or in the possession of any person without lawful authority or excuse-. IN CASES REMITTED TO A MAGISTRATES' COURT, 185. TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. (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. Accused not brought to trial not obliged to find further bail. Recognizance of witness to appear at trial, 73. 272. Warrant of apprehension by judicial officer or justice, 40. 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. Impeachment and support of witness's credibility, 275. 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. Privileges of accused persons when giving evidence, 253. Evidence of genuineness of disputed writings, 234. Power of the Director of Public Prosecutions to invoke Court of Appeal's decision on point of law, First Schedule - Offences under the Penal Code, Second Schedule - Offences on Conviction whereof the Offender Cannot be Dealt with under Section 308, Third Schedule - Forms of Stating Offences in Indictments and Summonses. 4/1899, 10/1908, 13/1912; Acts PART I. Competency of Witnesses 2. 333. IN THE HIGH COURT AND MAGISTRATES' COURTS, 179. Powers and duties of local public prosecutor, 14. Previous conviction not to be charged in indictment, etc. (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. Application for bail after commitment, 107. Cases not provided for by this Part, 277. 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. Dismissal of charge in default of prosecution, 281. Imprint: Gaborone, Botswana:Pula Press, 1998. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. the patients when they are needed. When execution of sentence may be suspended, 327. Persons who may hold preparatory examinations, 61. 84, 1966,L.N. (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. Manner of dealing with convicted juveniles, 306. 08:01), other than the offences specified in such Code and the other enactments as are set out in Part II of the First Schedule to this Act; (ii)   any offence, other than an offence specified in the Penal Code, the punishment for which may be a period of imprisonment exceeding six months, without the option of a fine; (iii)   any offence, other than an offence specified in the Penal Code, where the law constituting that offence provides that such arrest may be made. How remitted cases to be dealt with, 96. Those changes will be listed when you open the content using the Table of Contents below. Person making a statement in a criminal case entitled to copy, 330. "company" means a company incorporated or registered under the Companies Act (Cap. (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. TITLE 9 Chapter 9:07 CRIMINAL PROCEDURE AND EVIDENCE ACT Order-in-Council, 1898 (ss. (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. (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. Charge in the High Court to be laid in an indictment, B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS, 125. Short title This Act may be cited as the Criminal Procedure and Evidence Act. Admissibility of confessions by accused if freely and voluntarily made without undue influence and, if judicial, after due caution, 229. 105 of … Notice that proof of former conviction will be offered, 287. , upon cause shown, remit any fine or imprisonment imposed under this subsection by lapse of 20 years 27. 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