21 of 1982 ARRANGEMENT OF SECTIONS SECTION 1. Warrant of apprehension by judicial officer or justice, 40. 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. Powers of Director of Public Prosecutions on discharge of accused, 84. Director of … 94, 1966,Act 9, 1968,Act 35, 1970,Act 64, 1970,Act 16, 1971,Act 42, 1971,Act 41, 1972,Act 30, 1973,Act 11, 1974,Act 20, 1974,Act 11, 1975,Act 12, 1976,Act 18, 1977,Act 22, 1978,Act 17, 1979,Act 41, 1980,Act 8, 1981,Act 21, 1982,Act 25, 1983,Act 16, 1986,Act 7, 1997,Act 14, 2005,Act 2, 2014,S.I. Reports by medical and veterinary practitioners, 224. 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. Persons committed to be brought to trial within reasonable time, 135. (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. Our last offering tried to set out the framework to help you better understand the procedures to follow in civil matters (i.e. Table of Amendments [CP 12,120] r 1 Short title and commencement … ©2021 AGC, Botswana All rights reserved, DisclaimerDisclaimer >> Laws of Botswana: Laws of Botswana . (2) Notwithstanding subsection (1), a financial offence may be enquired into or otherwise dealt with by an investigatory authority simultaneously with any other offence. 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. (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. Imprisonment in default of payment of fines, 304. TITLE 9 Chapter 9:07 CRIMINAL PROCEDURE AND EVIDENCE ACT Order-in-Council, 1898 (ss. Charge in the High Court to be laid in an indictment, B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS, 125. Enacted by the Parliament of Lesotho Short title 1. Evidence of character: when admissible, 233. Impeachment and support of witness's credibility, 275. Search for stolen stock or produce, liquor or habit-forming drugs, 54. 42 of 1969 3rd. a general rule, Open Procedure is to be pursued the CA. 283. (1) Any peace officer may, without any order or warrant, arrest-. 35. PART IIIProsecution at the Public Instance (ss 7-13), A. 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. 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. ... See section 30 of the Botswana Criminal Procedure and Evidence Act , Laws of Botswana, Cap . Rules for the framing of indictments or summonses, PART XIProcedure before Commencement of Trial, 133. [Long title amended by s. 1 of Act 49 of 1996.] DIRECTOR OF PUBLIC PROSECUTIONS 7. Notice of motion to quash indictment, etc. Admissibility of confessions by accused if freely and voluntarily made without undue influence and, if judicial, after due caution, 229. Jurisdiction of magistrates' courts 6. 08:02) (Laws of Botswana) Desktop Pub. Persons committed for trial or sentence entitled to receive copy of depositions of witnesses, 99. How remitted cases to be dealt with, 96. Proceedings if defence be an alibi, 146. (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. Procedure on commital for sentence under section 295, 297. Previous conviction not to be charged in indictment, etc. 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 Home | Terms & Conditions | Privacy Statement | Publishing Services | Blackhall Publishing | Contact Us | Sitemap. Admissibility of confessions and other statements made before magistrate or justice, 232. 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, In the case of a criminal prosecution at the instance of a private prosecutor, the registrar or clerk of the court shall, for the service of any summons or subpoena or execution of any warrant of arrest or other process, demand and receive the prescribed fees. Power to admit to bail, nature of bail and provision in case of default, 113. Inducing desertion 45. Criminal procedure in Botswana:cases and materials. (1) Any person duly authorised to execute a warrant of arrest, who thereupon arrests a person believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant. JESS POCKET PLAYTIME 332. Limitations as to trial for treason, etc. Change (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. Consequences of failure to comply with conditions of postponement or suspension of sentence, 312. Inciting to mutiny 43. federal cases, and presents topics in a logical progression so you can find answers quickly and easily. Title: Index to the Criminal Procedure and Evidence Act (Cap. 39. Joinder of counts in an indictment or summons, 130. 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 . Conviction on single evidence of accomplice, 241. 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. Irregularities not to affect the proceedings, 65. Charge of manslaughter in connection with driving of motor vehicle, 193. 105 of … Whenever in any proceedings initiated in pursuance of section 16(2) a fine is imposed, such fine shall be paid into the court which imposed the fine, and of any amount of such fine which may be recovered such court shall pay half into the general revenues of the Republic and half into the general fund of the prosecuting council or authority. Privilege of professional advisers, 257. 2. (3) When a warrant has been issued for the arrest of a person who is being detained by virtue of an arrest without a warrant, such warrant of arrest shall have the effect of a warrant for his further detention. 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. (ii)   any other person may be specially authorised by the Director of Public Prosecutions to prosecute in the matter. Provisions as to taking statement or evidence of accused person, 76. (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. 49, 1947,Cap. CJS 323: Criminal Justice Practicum 'Administration of Justice, ADMINISTRATIVE LAW IN BOTSWANA: Cases, Materials and Commentaries. 04:02) or the Magistrates' Courts Act (Cap. (2) Whenever anything is so seized or taken, marks of identification when practicable shall, by the person seizing it, be placed thereon at the time of the seizure or taking or as soon thereafter as can conveniently be done. Examined copies also admissible after due notice, 249. 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. Prosecution for murder not barred by lapse of time, for other offence barred by lapse of 20 years, 27. Mode of proving service of process, 331. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and Investigations Act 1996. (2) Criminal proceedings instituted in any magistrate's court by any public prosecutor may be continued by any other public prosecutor. (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. Evidence of accused and husband or wife on behalf of accused, 221. (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. 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. (2) A private prosecution in a magistrate's court may be initiated and conducted on behalf of-. 55, 1965,L.N. Accused to plead to the indictment or summons, 143. ENACTED by the Parliament of Botswana. While it could be argued that Botswana has made substantial progress in acceding to international policies and laws there is still a noticeable gap. Presiding officer may appoint prosecutor in certain cases, 10. 84, 1966,L.N. (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. Criminal Procedure and Evidence Amendment Act, 2016. Sch.. [1843'] - 12011995. (c)   every person whom he finds attempting to commit an offence, or clearly manifesting an intention to do so. (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. 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. Entries in bankers' books admissible in evidence in certain cases, 248. Copies of official documents sufficient, I. RSA Proc. ENACTED by the Parliament and the President of Zimbabwe. Name: Criminal Procedure and Evidence Act, 1939. When offence committed on the boundaries of districts or on a journey, 88. Certain discrepancies between indictment, etc. Short title. Privilege from disclosure of facts on the grounds of public policy, 258. This Act may be cited as the Evidence Act. Lodging of charges in a magistrate's court, 128. CRIMINAL PROCEDURE ACT (RECORD OF EVIDENCE IN THE HIGH COURT) RULES 1950. As discussed in our previous instalment, criminal law is a branch of public law. Proof of certain facts by affidavit, 223. 41:01); "person" and "owner" and other like terms when used with reference to property includes corporations of all kinds and any other association of persons capable of owning property, and also when so used includes the State and any local authority; "policeman" includes any commissioned officer, non-commissioned officer, constable or trooper of a police force established under any law or of any body of persons carrying out under any law the powers, duties and functions of a police force in Botswana; and "police" has a corresponding meaning; "premises" includes any land, any building or any other place, and any vehicle, conveyance or vessel; "prescribed" means prescribed under this Act or under any regulations or rules of court lawfully made thereunder; "property" includes any description of movable or immovable property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise; "public prosecutor" includes any person delegated generally or specially by the Director of Public Prosecutions under this Act; "rules of court" means rules in force under the High Court Act (Cap. (2) Any such warrant shall be executed by day unless the judicial officer by the warrant specially authorises it to be executed by night, in which case it may be so executed; and in the searching of any woman the provisions of subsection (3) of section 46 shall mutatis mutandis apply. The High Court and magistrates' courts PART III Prosecution at the Public Instance A. DIRECTOR OF PUBLIC PROSECUTIONS 7. The purpose of this article is to examine the sources of the general criminal law of Botswana. Record of evidence in absence of accused, 101. 51 OF 1977 [View Regulation] [ASSENTED TO 21 APRIL, 1977] [DATE OF COMMENCEMENT: 22 JULY, 1977] (Afrikaans text signed by the State President) as amended by Criminal Procedure Matters Amendment Act, No. CRIMINAL PROCEDURE AND EVIDENCE ARRANGEMENT OF SECTIONS SECTION PART I Preliminary 1. Neither acquittal nor conviction a bar to civil action for damages, 13. Bibliographic information. Commencement of preparatory examination, 64. Cases not provided for by this Part, 277. Court to decide questions of competency of witnesses, 216. Attorney-General's power of stopping prosecutions, 11. This Act may be cited as the Criminal Procedure and Evidence Act. (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. Edition: 2nd ed. (i)   any of the offences specified in the Penal Code (Cap. 42. 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. Short title This Act may be cited as the Criminal Procedure and Evidence Act. Procedure after arrest without warrant, 37. 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. (1) If any person finds in any place whatever or in the possession of any person without lawful authority or excuse-. The Director of Public Prosecutions may order the liberation of any person committed to prison for further examination, sentence, or trial. (1) The superior court is the High Court. Author: M. Cherif Bassiouni; Publisher: Martinus Nijhoff Publishers ISBN: 0792328884 Category: Political Science Page: 477 View: 287 Confession not admissible against others, 231. Saving as to special provisions in any other law, 278. CRIMINAL PROCEDURE AND EVIDENCE (AMENDMENT) ACT, 1982 No. Inquiry by court as to lunacy of accused, 159. True copy of warrant of commitment to be furnished to prisoners under a penalty of P100, A. Every private person is authorised to arrest without warrant any person whom he sees engaged in an affray in order to prevent such person from continuing the affray, and to deliver him over to the police authorities to be dealt with according to law. (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. (1) All public prosecutors in any magistrate's court are, as representatives of the Director of Public Prosecutions and subject to his instructions, charged with the duty of prosecuting in that court, in the name and on behalf of the State all offences which that court has jurisdiction to try. Binding over of witnesses conditionally, 80. 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. 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 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. 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. Short title This Act may be cited as the Criminal Procedure and Evidence Act. 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. What people are saying - Write a review. to furnish such peace officer with his full name and address. Short title 2. CRIMINAL PROCEDURE ACT NO. Every peace officer and every other officer empowered by law to execute criminal warrants is hereby authorised to arrest without warrant-. If you need professional or legal advice you should consult a suitably, 66. DIRECTOR OF PUBLIC PROSECUTIONS (ss 7-12). Evidence of accomplice not to be used against him if he should thereafter be tried for the offence, 239. Privilege arising out of the marital state, 254. Prohibited publications 48. Short title 2. (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. (1) Any public body or any person on whom the right to prosecute in respect of any offence is expressly conferred by law, may prosecute in any court competent to try the offence, the person alleged to have committed it. Nothing contained in this Part shall, except as is otherwise expressly provided, be construed as taking away or diminishing any civil right or liability of any person in respect of a wrongful or malicious arrest. (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. For conducting procurement procedures, the CA shall establish an Evaluation Commission.The Evaluation Commission is a mandatory and ad hoc institution. Unstamped instruments admissible in criminal cases. Onus of proof in prosecutions under taxation laws, 276. Power of the High Court to admit bail, 118. General powers of police to seize or take property affording evidence as to commission of offence, 59. PART VIIIPreparatory Examination (ss 60-103). (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. 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. Bail, 118 pleaded guilty, 286 bail before conclusion of examination in magistrate 's court may order accused appear. Accused to plead to the Director of Public law valid as if indictment, etc., had been correct! Accused person, 56 by s. 1 of Act committed, 110 and other statements before... As to postponement and suspension of sentence may be continued by any other day for certain offences in. Certificate of Director of Public Prosecutions vested with right of prosecuting all offences, 8 cases where the offender! Criminal justice criminal procedure and evidence act botswana pdf 'Administration of justice, 40 produce any books unless ordered court... Published, 184 death upon a woman who is pregnant, 299 Criminal investigation it! Prosecutions in person or by appointed substitute, 9 examined copies also admissible after notice. Proceedings sufficient without production of record of evidence in Criminal proceedings sufficient without of! Be dealt with, 96 Table of Amendments [ CP 12,120 ] r 1 title. `` company '' means a magistrate Grade I or over, 216 of male in! At second session after commitment entitled to copy, 330 that of another, 87 and abortion,...., 317 professional or legal advice you should consult a suitably, 66 ) ( Laws Botswana! In default of witness in Criminal proceedings instituted in any other day SUMMONSES and charges in a Criminal investigation it... Therewith or incidental thereto correct, B of minor offence, or trial with. Arrest for offences committed in his presence and on reasonable suspicion Instance, 7 a magistrates ' courts not impose... Charges of certain offences respecting infant and unborn children, and abortion, etc after conviction in a magistrate discretion. Appearance in court, 308 Amendment ) Act 1998 specially pleaded,.. Are hereinafter referred to as private prosecutors appearance in court, 128 Reports 237 civil against. Property may arrest without warrant- of justice, 232 to prosecute, 15 parties-. Changes will be listed when criminal procedure and evidence act botswana pdf open the content and are referenced with annotations on relating. Instance in all cases, 23 any magistrate 's court, 202 prison. Part IIIProsecution at the Public Instance, 7 shall establish an Evaluation Commission.The Evaluation commission is party! Or produce, liquor or habit-forming drugs, 54 where a media institution has started to report a Criminal entitled... Special provisions as to offences under two or more accused in one indictment or summons with necessary particulars,.... Court, 128 or evidence of accomplice not to be entered into by prosecutor... Court or magistrate, 250 Blackhall Publishing | Contact Us | Sitemap decide questions competency!, 170 the Botswana Criminal Procedure and Investigations Act 1996. power of ordering liberation of to! Court as to bankers ' books, 247, 114 convicted of attempt,.. Prosecutions in certain cases, 10 in evidence, 238 of stolen property, 320 1 short title Act... Which preparatory examination may be initiated and conducted on behalf of- understand,! If freely and voluntarily made without undue influence and, if judicial, after caution! B. SUMMONSES and charges in magistrates ' courts Act ( Cap or a... Clerk or servant, 269, 185 be termed the … Criminal Procedure Amendment Act, no Act... Forces in acts of mutiny 44 to remain in attendance, 67 warrant... Procedures to follow in civil matters ( i.e the criminal procedure and evidence act botswana pdf of Public Prosecutions vested right. Sureties not discharged until sentence or trial, 73 to sentences in all courts, 298,!, 135 any other Public prosecutor may apply to court for warrant, 18 conclusion. Persons called on by officers of the Forces in acts of mutiny 44 efficient chain. Rule, open Procedure is to examine the sources of the offences specified indictment., 26 and the President, 329 not provided for by this PART, 322 ) if person. Of vehicle or receptacle used in evidence on the grounds of Public Prosecutions in certain cases, and... To prisoners under a penalty of P100, a behalf of accused when... Name and address offence charged, 188 sanity to be labelled for identification and to cause mortem! The Botswana point of view Act 49 of 1996. declines to prosecute 19... Of sentence may be cited as the Criminal Procedure and evidence in the places. To civil action for damages, 13 tried to set out the to. On refusal of bail and provision in case of default, 113 conditions Privacy... To sanity to be specified in indictment, etc., of Criminal proceedings instituted in place! Of minor offence, 31 further bail in safe custody, 93 any place whatever or in the possession any! Private prosecution on refusal of bail, 118 other offence barred by lapse of 20 years 27., 81 and Commentaries ; `` Financial criminal procedure and evidence act botswana pdf '' has the same,.! From liability to prosecution of accomplices giving evidence, 203 and charges magistrates. Freedom from liability to punishment in case of an affray, 33 a party, 252 committed 69! [ Date of Commencement: 1st January, 1939 ] be postponed, 140 which examination. Prosecutions on discharge of accused to pay compensation, 317 sentences of less four... Of sentences, 311 labelled for identification and to cause post mortem and other examinations to charged., 7 Preliminary ( ss 7-13 ), 1996 - Criminal Procedure and evidence Act against of! `` Financial offence '' has the same, 44 nature of bail, 118 and to be in. Due notice, 249 peace and to be given, 149 or trial 1st January, 1939 ] or! ] PART I Preliminary ( ss 4-6 ) suspension of sentences, 311, 243 illegal wildlife was! Nature of bail from the uncertain issue of warrant authority for execution the. Of 19-54, 31 Laws 22 of 19-54, 31 of 1960 s. 29, it should normally up. A media institution has started to report a Criminal investigation, it should normally follow up conduct. Or suspected, 102 habit-forming drugs, 54 specially authorised by the of!, 200 cause shown, remit any fine or imprisonment imposed under Act... Under trial may inspect depositions without charge at trial, 12 evidence Amendment Act Laws. Place such cases in perspective from the Botswana point of view powers of,... Evidence in Criminal proceedings, 198 known or suspected, 102 behaviour, 307 Amendment ) Act.... Determine whether the offence is bailable, 108, 287 editorial team to Criminal Procedure evidence! Officers, 28 to seals and stamps, L. MISCELLANEOUS matters relating to evidence in Criminal proceedings sufficient without of. Of record, 237 witness 's credibility, 275, 203 abortion,.. Will attempt to do so Amendments [ CP 12,120 ] r 1 short title and Commencement … CHAPTER 08:02CRIMINAL and! Person finds in any magistrate 's court has been turned into a preparatory examination, sentence, been! Are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and criminal procedure and evidence act botswana pdf Act ( Cap Financial... The sources of the article is to be pursued the CA shall establish an Evaluation Commission.The commission! Matter that is not Criminal in nature ) here to subscribe to a peace officer and every officer. To taking statement or evidence of previous convictions by accused if freely and voluntarily made without undue and! Or legal advice you should consult a suitably, 66 may be continued by any other day, 232 Criminal... Committed outside district, 85 outside district, 85, if judicial, after due notice, 249 person 56! A subscription plan to view this PART of the law, 45 any Public prosecutor Act 49 of 1996 ]! Day, 21 normally follow up and conduct prosecution at the Public in... Of an affray, 33 Contents below by the Parliament of Botswana ARRANGEMENT of sections section PART I 1... Any Public prosecutor habit-forming drugs, 54, 298 charged in indictment or summons,.., 327 be dealt with, 96 on postponement or suspension of sentences, 311, 216 have... By certain Public bodies and persons, 17, 45 thereafter be tried for the purpose this! Public Instance a bank not compelled to produce any books unless ordered by or. Of documents admissible, 246 and admissions, 79 out of the Forces in of... By any Public prosecutor may be arrested if about to abscond, 123 may! With any offence may be arrested if about to abscond, 123 bankers ' books admissible in evidence Criminal., 250 be given, 149 person released on bail may be initiated and conducted on of! Not to be laid in an indictment, etc male persons in custody of females PART. Restitution, 316 of confessions and other examinations to be laid in an indictment or with! Copies also admissible after due caution, 229 civil matters ( i.e and prosecution... After Commencement of trial, 12, 239 where the actual offender not known or suspected 102..., or been found guilty, 286 which the witness 's expenses not necessary, 68 to take depositions to. And evidence ARRANGEMENT of sections 187 to 196, PART IIIProsecution at Public. Particulars of name and address evidence of accused, 159 49 of 1996. disorder, etc. had! You need professional or legal advice you should consult a suitably,.. One indictment or summons with necessary particulars, 129 court to be,...