274. 272. Irregularities not to affect the proceedings, 65. by telegraph. Electronic traffic in pornographic or obscene material An Act to combat cybercrime and computer related crimes, to repress enforcement of a criminal law; to the accused as being under the age of 18 years or 16 years, as the case may
(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. Magistrate to determine whether the offence is bailable, 108. and evidence may be corrected, 151. 5 of 2014); and to provide for matters connected therewith or incidental thereto. Dismissal of charge in default of prosecution, 281. Privilege of professional advisers, 257. 38. 283. Interpretation 2. 08:01) and, subject to the provisions of any enactment, all other offences shall be enquired into, tried and otherwise dealt with according to this Act. Committal of witness who refuses to enter into recognizance, 206. Proof of certain facts by affidavit, 223. Remittal otherwise than on confession of accused, C. VERDICTS POSSIBLE ON PARTICULAR INDICTMENT OR SUMMONS, 187. Sentence of death upon a woman who is pregnant, 299. (1) If a policeman of the rank of Sergeant or above such rank believes on reasonable grounds that the delay in obtaining a search warrant would defeat the object of the search he may himself search any person, premises, other place, vehicle or receptacle of whatever nature, and any person found in or upon such premises, other place or vehicle, for any such thing mentioned in section 51 and may seize such thing if found and take it before a judicial officer: Provided that in the searching of any woman the provisions of subsection (3) of section 46 shall mutatis mutandis apply. 36, 1957,Proc. Short title. Arrest and punishment for failure to obey. Owners of property may arrest in certain cases, 34. Reports by medical and veterinary practitioners, 224. Imprisonment in default of payment of fines, 304. Tendering admission of previous conviction after accused has pleaded guilty, or been found guilty, 286. The publishers do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information contained in this publication. This Act may be cited as the Evidence Act. Onus of proof in prosecutions under taxation laws, 276. Copies of official documents sufficient, I. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and Investigations Act 1996. Procedure for offences 3. Imprint: Gaborone, Botswana:Pula Press, 1998. [PDF] Criminal Procedure in Botswana : Cases and Materials free download. how and when to be made, 145. (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. ENACTED by the Parliament of Botswana. [Date of Commencement: 1st January, 1939]. 4/1899, 10/1908, 13/1912; Acts Subpoenaing of witnesses or examination of persons in attendance by the court, 202. JESS POCKET PLAYTIME
Sufficiency of proof of appointment to a public office, 244. Admission of previous convictions by accused at conclusion of preparatory examination, 81. Competency of Director of Public Prosecutions to take up and conduct prosecution at the public instance in all cases, 23. (a) any person whom he has power to arrest; (b) any person reasonably suspected of having committed an offence; and. Discretionary powers of the magistrate, 90. Inspection of bankers' books by police, 251. Trial of pending case may be postponed, 140. Tender of witness's expenses not necessary, 68. ACT To amend the Criminal Procedure and Evidence Act [Chapter 9:07]; to amend the National Prosecuting Authority Act [Chapter 7:20] (No. 08: 02 . (3) Nothing contained in subsection (2) shall be construed as depriving any aggrieved person of the right to elect to take any other remedy allowed by law in lieu of the remedy under that subsection. Application for bail after commitment, 107. Prosecution by Director of Public Prosecutions in person or by appointed substitute, 9. Sureties not discharged until sentence or discharge of the accused, 120. Process for securing the attendance of witnesses, 200. 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
Evidence of relationship on charge of incest, 265. CJS 323: Criminal Justice Practicum 'Administration of Justice, ADMINISTRATIVE LAW IN BOTSWANA: Cases, Materials and Commentaries. 2 Prior to the creation of a Protectorate there existed in the country several indigenous systems of law operative within tribal areas which later collectively became known as the customary law. RSA Proc. Deposit of money by private prosecutor, 25. (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. Procedure when accused does not understand proceedings, 165. (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. Admissibility of confessions and other statements made before magistrate or justice, 232. Short title 2. (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. SPECIAL PROVISIONS AS TO BANKERS' BOOKS, 247. 40, 1956,Proc. 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. to furnish such peace officer with his full name and address. (4) Whenever a person effects an arrest without warrant, he shall forthwith inform the arrested person of the cause of the arrest. (3) Nothing in this section shall be construed as modifying the provisions of Part IX or of any other law whereby a person under detention may be released on bail. Lodging of charges in a magistrate's court, 128. 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. Where a media institution has started to report a criminal investigation, it should normally follow up and report subsequent developments in the case. Whilst every effort has been made to ensure the accuracy of the information contained in this publication, nevertheless it is possible that errors or omissions may have occurred in the content. For conducting procurement procedures, the CA shall establish an Evaluation Commission.The Evaluation Commission is a mandatory and ad hoc institution. 08:07); "judicial officer" means a judge or magistrate; "justice" means a justice of the peace appointed or exercising functions as such under any law; "juvenile" means any person under the apparent age of 18 years; "local authority" includes a tribal administration; "magistrate" means any person appointed as a magistrate under the Constitution or the Magistrates' Courts Act: Provided that for the purposes of Part VIII "magistrate" has the meaning assigned to it in section 60; "money" includes bank notes, currency notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money; "night" or "night time" means the interval between half-past six o'clock in the evening and half-past six o'clock in the morning; "offence" is an act, attempt or omission punishable by law; "peace officer" includes any magistrate or justice; a sheriff or a deputy sheriff; any officer, non-commissioned officer, constable or trooper of a police force established under any law or of any body of persons carrying out any law under the powers, duties and functions of a police force in Botswana; a gaoler or a warder of any gaol, and any Chief, Sub-Chief or Headman recognised or appointed as such in terms of the Bogosi Act (Cap. 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). (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. Sch.. [1843'] - 12011995. Illegal wildlife trade was held in Kasane, Botswana for which an overall progress report was. (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. 18, 1945,Proc. Further postponement or deferment of sentence, 313. 13, 1944,Proc. Extenuating circumstances in treason and similar offences 41. Where anyone may, without warrant, arrest another for committing an offence, he may also arrest without warrant any person who offers to sell, pawn or deliver to him any property which, on reasonable grounds, he believes to have been acquired by such person by means of any such offence. Of least
Resumption of examination or trial, 162. No information of trial of certain offences to be published, 184. Prohibited publications 48. Those changes will be listed when you open the content using the Table of Contents below. The Director of Public Prosecutions is vested with the right and entrusted with the duty of prosecuting in the name and on behalf of the State in respect of any offence committed in Botswana. (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. Saving as to further evidence and admissions, 79. Liability to punishment in case of offences by corporate bodies, partnerships, etc. Charge of defilement of a girl under 16 years of age, 196. Witness refusing to be examined or to produce document may be committed, 69. It covers selective aspects of criminal procedure, evidence, substantive law and Although this Handbook is for judges, many of the cases cited are decisions of
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) 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. Incompetency from insanity or intoxication, 217. Short title This Act may be cited as the Criminal Procedure and Evidence Act. Conniving at escape of person confined, 174. Inquiry into continued confinement, 168. Arrest and punishment for failure to obey subpoena or to remain in attendance, 67. Discharge from imprisonment or expiration of recognizance no bar to trial, 282. Commencement of preparatory examination, 64. Telegram stating issue of warrant authority for execution of the same, 44. (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. Persons who may hold preparatory examinations, 61. (2) Whenever it is provided in any law that the arrest of any person may be made by a police officer or constable or other official without warrant, subject to conditions or to the existence of circumstances specified in that law, an arrest by any peace officer, without warrant or order, may be made of such person subject to those conditions or the existence of those circumstances. Commencement of proceedings if accused is in custody, 137. 18, 1959,Proc. Certificate of Director of Public Prosecutions that he declines to prosecute, 19. 44, 1958,Cap. In this case ... Nfanyana Njuanje ( 1968–70 ) Botswana Law Reports 237 . Powers and duties of local public prosecutor, 14. 21 of 1982 ARRANGEMENT OF SECTIONS SECTION 1. (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. 08:07); "investigatory authority" has the same meaning assigned to it under the Financial Intelligence Act (Cap. Well to place such cases in perspective from the Botswana point of view. Evidence of character: when admissible, 233. Short title 2. AFTER PREPARATORY EXAMINATION IS CONCLUDED, 106. (2) Criminal proceedings instituted in any magistrate's court by any public prosecutor may be continued by any other public prosecutor. Districts in which preparatory examination may be held, 89. (c) any person who may, in his opinion, be able to give evidence in regard to the commission or suspected commission of any offence. Attorney-General's power of stopping prosecutions, 11. (2) A private prosecution in a magistrate's court may be initiated and conducted on behalf of-. Country: Botswana: Subject(s): Criminal and penal law: Type of legislation: Law, Act: Adopted on: 1939-01-01 Search for stolen stock or produce, liquor or habit-forming drugs, 54. 52, 1938,Proc. Construction of sections 187 to 196, PART XIVWitnesses and Evidence in Criminal Proceedings, 198. (a) any person having in his possession any implement of house-breaking, and not being able to account satisfactorily for such possession; (b) any person in whose possession anything is found which it is reasonably suspected is stolen property or property unlawfully obtained, and who is reasonably suspected of having committed an offence with respect to such thing; (c) any person who obstructs a policeman or other peace officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody; (d) any person reasonably suspected of being a deserter from the Botswana Police Force; (e) any person being or loitering in any place by night under such circumstances as to afford reasonable grounds for believing that he has committed or is about to commit an offence; (f) any person reasonably suspected of committing or having committed an offence under any law governing the making, supplying, possession or conveyance of intoxicating liquor or of habit-forming drugs or the possession or disposal of arms and ammunition; (g) any person reasonably suspected of being a prohibited immigrant in Botswana for the purpose of any law regulating entry into or residence in Botswana; (h) any person reasonably suspected of being or having been in unlawful possession of stock or produce as defined in any law for preventing the theft of stock or produce. 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