Sufficiency of one witness in criminal cases, except perjury and treason, 240. CJS 323: Criminal Justice Practicum 'Administration of Justice, ADMINISTRATIVE LAW IN BOTSWANA: Cases, Materials and Commentaries. 13, 1948,Proc. Accused to plead to the indictment or summons, 143. Summons to appear at preparatory examination, 63. accepted accused person adduce admissible admitted alleged allowed answer Appeal application authority Botswana burden called character charged circumstances Civil Proceedings Act claim committed common law competent conclusion conduct confession Consequently considered Constitution contents conviction court Criminal Procedure Cross cross-examination deceased decide … (1) Any peace officer may, without any order or warrant, arrest-. Cessation of mental disorder, etc., of criminal lunatic, 173. In this case Botswana is required to have an efficient supply chain to achieve strategic supply chain benefits. Arrest by private person in case of an affray, 33. 12of2009 3rd Sch. ' Charge in the High Court to be laid in an indictment, B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS, 125. Index to the Criminal Procedure and Evidence Act (Cap. (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. CRIMINAL PROCEDURE AND EVIDENCE ARRANGEMENT OF SECTIONS SECTION PART I Preliminary 1. 272. Such prisoners not brought to trial at second session after commitment entitled to discharge from imprisonment, 136. Judgment as valid as if indictment, etc., had been originally correct, B. RSA Proc. (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) 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. Saving as to further evidence and admissions, 79. 40, 1956,Proc. Extenuating circumstances in treason and similar offences 41. (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. Tendering admission of previous conviction after accused has pleaded guilty, or been found guilty, 286. except in certain circumstances, 285. (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. 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. Miscellaneous provisions as to awards or orders under this Part, 322. Provisions as to taking statement or evidence of accused person, 76. (1) A private prosecution shall, subject to the provisions of this Act, be proceeded with in the same manner as if it were being conducted at the public instance, except that all costs and expenses of the prosecution shall be paid by the party prosecuting, subject to any order that the court may make when the prosecution is finally concluded. R.148/1977 (RSA GG 5654) 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. PART IIIProsecution at the Public Instance (ss 7-13), A. (a)   any person whom he has power to arrest; (b)   any person reasonably suspected of having committed an offence; and. 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. Appeal to High Court against refusal of bail, 114. 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. Clerk of the court to subpoena witness, 66. Privilege of professional advisers, 257. the person who finds the same may seize the article or articles found and take the same forthwith before a judicial officer to be dealt with according to law. Warrant of apprehension by judicial officer or justice, 40. (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. Cap. Subpoenaing of witnesses or examination of persons in attendance by the court, 202. Lodging of charges in a magistrate's court, 128. 44, 1958,Cap. General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. All Rights Reserved. The High Court and magistrates' courts, PART IIIProsecution at the Public Instance, 7. How remitted cases to be dealt with, 96. Conviction of other charges pending, 302. Powers and duties of local public prosecutor, 14. Whenever any private prosecutor desires to prosecute for any offence any person for whose liberation from prison any warrant has been issued by the Director of Public Prosecutions, such private prosecutor may apply to the court within whose jurisdiction the offence is alleged to have been committed, for a warrant for the further detention or, if he is on bail, for the detention of such person, and such court shall make such order as to it seems right under the circumstances. Failure to give particulars of name and address to a peace officer constitutes an offence, 31. (Pty), 1996 - Criminal procedure - 43 pages. Persons under trial may inspect depositions without charge at trial, 100. (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. 9. Power of the High Court to admit bail, 118. 08:07); "investigatory authority" has the same meaning assigned to it under the Financial Intelligence Act (Cap. 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. READCivil Procedure: Cases, Materials and Questions Richard D. Freer READCivil Procedure: Cases, Materials and Questions Epub READCivil Procedure: Case 56 of 1979 Criminal Procedure Amendment Act, No. Definition of overt act 47. The court may, upon cause shown, remit any fine or imprisonment imposed under this subsection. (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. Power to admit to bail, nature of bail and provision in case of default, 113. how and when to be made, 145. Copyright 2015. law in a particular country, for example, legislation or case law. Notification of confinement and transfer, 167. Evidence of accomplice not to be used against him if he should thereafter be tried for the offence, 239. Procedure for offences 3. Prosecutor or magistrate conducting preparatory examination to make local inspection and to cause post mortem and other examinations to be made, 92. (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. 52, 1938,Proc. Criminal Procedure and Evidence Amendment Act, 2016. Persons who may hold preparatory examinations, 61. Short title. (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. Privileges of accused persons when giving evidence, 253. Powers of court in case of default of witness in attending or giving evidence, 203. 2. Admissibility of depositions at preparatory examination of witness since deceased or kept away by the contrivance of the accused, 228. Refusal of bail from the uncertain issue of act committed, 110. Private prosecutions by certain public bodies and persons, 17. 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, by telegraph. Examined copies also admissible after due notice, 249. Weapons seized under search warrants, 60. Cases not provided for by this Part, 277. Certificate of Director of Public Prosecutions that he declines to prosecute, 19. 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. Admissibility of facts discovered by means of inadmissible confession, 230. Persons brought before wrong court, 138. Evidence on charge of stealing against clerk or servant, 269. Confession not admissible against others, 231. This Act may be cited as the Evidence Act. (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. (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. (1) Every peace officer is hereby authorised and required to obey and execute any warrant issued by a judge of the High Court under this Act. 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