Copyright 2015. RSA Proc. PART IIIProsecution at the Public Instance (ss 7-13), A. 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. CJS 323: Criminal Justice Practicum 'Administration of Justice, ADMINISTRATIVE LAW IN BOTSWANA: Cases, Materials and Commentaries. (1) A public prosecutor who has decided to institute or has instituted a preparatory examination, or an accused against whom a preparatory examination is being or is to be held (or the latter's representative), may compel the attendance of any person at such preparatory examination to give evidence, or to produce any book or document, by means of a subpoena, issued at the instance of the public prosecutor or accused, as the case may be, by the clerk of the court of the district in which the preparatory examination is being or is to be held. (2) In the case of any such dismissal as aforesaid, the accused shall not be again liable to prosecution, on the same charge, by any private prosecutor; but no such dismissal shall prevent the Director of Public Prosecutions, or a public prosecutor on the instructions of the Director of Public Prosecutions, from afterwards instituting a prosecution. The owner of any property on or in respect to which any person is found committing an offence, or any person authorised by such owner, may arrest without warrant the person so found. When peace officer may arrest without warrant, 30. Lodging of charges in a magistrate's court, 128. The High Court and magistrates' courts PART III Prosecution at the Public Instance A. 08:07); "investigatory authority" has the same meaning assigned to it under the Financial Intelligence Act (Cap. Prosecution by Director of Public Prosecutions in person or by appointed substitute, 9. General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. (2) Before proceeding to inquire into the matter charged against the accused, the magistrate shall read and explain the charge to the accused and the procedure on a preparatory examination shall be made clear to him but he shall not be required to make any statement in reply to the charge: this same procedure shall be followed in the case of any person subsequently joined as an accused. Attorney-General's power of stopping prosecutions, 11. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. Arrest and punishment for failure to obey. (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. Onus of proof in prosecutions under laws imposing licences, etc. 36, 1957,Proc. Powers of Director of Public Prosecutions on discharge of accused, 84. 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. (2) Criminal proceedings instituted in any magistrate's court by any public prosecutor may be continued by any other public prosecutor. Provisions applicable to sentences in all courts, 298. Notice of motion to quash indictment, etc. Evidence of character: when admissible, 233. (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. Cap. General powers of police to seize or take property affording evidence as to commission of offence, 59. by telegraph. Thereafter the warrant, summons or other process may be executed within the area of jurisdiction of the judicial officer or justice so endorsing it: Provided that, whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the judicial officer or justice within the area of whose jurisdiction the warrant, summons or other process is to be executed, will prevent its execution, the officer of the law to whom it is directed may execute it, without such endorsement, in any place beyond such area of jurisdiction. Notice that proof of former conviction will be offered, 287. Irregularities not to affect the proceedings, 65. Magistrates' courts not to impose sentences of less than four days, 314. Procedure on commital for sentence under section 295, 297. On failure of accused to appear at trial, recognizance to be forfeited, 111. Prosecutor or magistrate conducting preparatory examination to make local inspection and to cause post mortem and other examinations to be made, 92. 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. Arrest by private person in case of an affray, 33. Imprint: Gaborone, Botswana:Pula Press, 1998. Home | Terms & Conditions | Privacy Statement | Publishing Services | Blackhall Publishing | Contact Us | Sitemap. 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; Witness refusing to enter into recognizance, 74. Interpretation 2. Discretionary powers of the magistrate, 90. (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. Charge of obtaining by false pretences, 197. Cessation of mental disorder, etc., of criminal lunatic, 173. (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. Records of preparatory examination to be sent to the Director of Public Prosecutions, 94. 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. Revised legislation carried on … Any such inhabitant who, without sufficient excuse, refuses or fails when called upon to do so shall be guilty of an offence and liable to a fine not exceeding P40 or, in the discretion of the court, to imprisonment without the option of a fine for a term not exceeding one month. Admissibility of dying declaration, 227. [Ch0802s2] 2. Court to decide questions of competency of witnesses, 216. Blackhall Publishing. (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. Manner of dealing with convicted juveniles, 306. Any changes that have already been made by the team appear in the content and are referenced with annotations. No person to be excluded from giving evidence except under this Act, 215. William Molebatsi Modise. Private prosecutions by certain public bodies and persons, 17. Power of the High Court to admit bail, 118. 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 56 of 1979 Criminal Procedure Amendment Act, No. Mode of proving service of process, 331. 42 of 1969 3rd. 49, 1947,Cap. DIRECTOR OF PUBLIC PROSECUTIONS 7. Acts 40 of 1968. Prohibited publications 48. (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. 42. Country: Botswana: Subject(s): Criminal and penal law: Type of legislation: Law, Act: Adopted on: 1939-01-01 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. 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. Certificate of Director of Public Prosecutions that he declines to prosecute, 19. To amend the Criminal Procedure and Evidence Act [Chapter 9:07]; to amend the National Prosecuting Authority Act [Chapter 7:20] (No. Conniving at escape of person confined, 174. 38. Responsibility: D.D. Privilege arising out of the marital state, 254. Any person in lawful occupation of any land shall in respect of any premises or place upon that land be entitled to exercise the powers conferred by this subsection upon a policeman as aforesaid. (5) If, upon the day appointed for the appearance of any person for the purpose of undergoing a preparatory examination, he fails to appear, and the magistrate is satisfied upon the return of service that he was duly summoned, or is satisfied by evidence upon oath that he was duly warned, the magistrate may, at the request of the prosecutor, issue a warrant for the apprehension of the said person, and may also impose on him for his default a fine not exceeding P10, or, in default of payment, may sentence him to imprisonment for a term not exceeding one month. (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. Charges of certain offences respecting infant and unborn children, and abortion, etc. Procedure for offences 3. CRIMINAL PROCEDURE AND EVIDENCE ARRANGEMENT OF SECTIONS SECTION PARTI Preliminary 1. Offence to be specified in indictment or summons with necessary particulars, 129. (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. Arrest and punishment for failure to obey subpoena or to remain in attendance, 67. 41, 1961,Law 12, 1963,HMC Order 1, 1963,Law 3, 1964,Law 22, 1964,Law 33, 1964,L.N. Application for bail after commitment, 107. Failure of private prosecutor to appear on appointed day, 21. Well to place such cases in perspective from the Botswana point of view. IMPLEMENTATION AND LAW ENFORCEMENT OF EU WILDLIFE Why there are no criminal sanctions in cases of wildlife crime an example Fourth, breeders always search for fresh breeding material. (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. Payment of fine without appearance in court, 308. Jurisdiction of High Court 5. Disposal of fines in certain private prosecutions, 26. Conviction of other charges pending, 302. In this case Botswana is required to have an efficient supply chain to achieve strategic supply chain benefits. 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. Neither acquittal nor conviction a bar to civil action for damages, 13. Procedure after arrest without warrant, 37. Recognizances to be entered into by private prosecutor, 20. (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. 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. (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. (2) If any person fails on such demand to furnish his full name and address, the peace officer making the demand may forthwith arrest him; and if any such person on such demand furnishes to such peace officer a name or address which such peace officer upon reasonable grounds suspects to be false, such person may be arrested and detained for a period not exceeding 24 hours until the name and address so furnished have been verified. Admissibility of confessions and other statements made before magistrate or justice, 232. Persons committed for trial or sentence entitled to receive copy of depositions of witnesses, 99. PART IICriminal Jurisdiction of Courts (ss 4-6). Commencement of preparatory examination, 64. CRIMINAL PROCEDURE ACT NO. (1) If it appears from information on oath that any person is in possession of any book of account or document or any other thing whatsoever which is necessarily required in evidence in any criminal proceedings, any judicial officer presiding at such proceedings may issue an order directing the officer to whom such order is addressed to take possession of such book or document or thing and hand it over to such person as may be named in such order, and thereupon such officer may lawfully execute such order. Persons brought before wrong court, 138. 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. 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