Name: Criminal Procedure and Evidence Act, 1939. 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. 5 of 2014); and to provide for matters connected therewith or incidental thereto. [Date of Commencement: 1st January, 1939]. employed and the presentation of the material do not imply the expression of any It makes a case for a modern foreign investment law consolidating the high restrictions, an absence of labour problems and crime, the availability of 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; Indictment by the Director of Public Prosecutions in certain cases, 98. Warrant of apprehension by judicial officer or justice, 40. Districts in which preparatory examination may be held, 89. What people are saying - Write a review. Sentence of death upon a woman who is pregnant, 299. Well to place such cases in perspective from the Botswana point of view. (1) If any person finds in any place whatever or in the possession of any person without lawful authority or excuse-. Deposit of money by private prosecutor, 25. Truth of defamatory matter to be specially pleaded, 152. Witness not excused from answering questions by reason that the answer would establish a civil claim against him, 256. Sections 247, 248 and 249 not to apply to proceedings to which bank is a party, 252. We think it only right, at this point, to draw another distinction we mentioned in our first offering “ Introduction to Botswana’s Legal System ” being procedural and substantive law. (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. Short title 2. Criminal Procedure in Botswana : Cases and Materials Daniel David Ntanda Nsereko Author: Daniel David Ntanda Nsereko Date: 01 Jan 1998 Publisher: Pula Press Format: Book::506 pages ISBN10: 9991261613 ISBN13: 9789991261614 File size: 41 Mb Download Link: Criminal Procedure in Botswana : Cases and Materials [PDF] Criminal Procedure in Botswana : Cases and Materials free download. (i)   any of the offences specified in the Penal Code (Cap. CRIMINAL PROCEDURE ACT NO. PART VIIIPreparatory Examination (ss 60-103). Admission of previous convictions by accused at conclusion of preparatory examination, 81. Any private person may without warrant, arrest any other person upon reasonable suspicion that such other person has committed any of the offences mentioned in subparagraphs (i), (ii) and (iii) of paragraph (b) of section 28. Record of evidence in absence of accused, 101. Magistrates' courts not to impose sentences of less than four days, 314. 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 (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. (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. Clerk of the court to subpoena witness, 66. Presiding officer may appoint prosecutor in certain cases, 10. Sch.. [1843'] - 12011995. Mode of conducting private prosecutions, 22. Committal of witness who refuses to enter into recognizance, 206. (2) For the purposes of this Act the magistrates' courts are the courts described in section 3 of the Magistrates' Courts Act (Cap. 04:04), as the case may be; "telegraph" includes transmission by radio telegraphy or radio telephone; "valuable security" includes any document which is the property or in the lawful possession of any person and which is evidence of the ownership of any property or of the right to recover or receive any property; "vessel" means an aircraft, a ship, boat or similar craft. Finger-print records to be prima facie evidence of previous conviction, 295. (1) If a private prosecutor does not appear on the day appointed for appearance, the charge or complaint shall be dismissed unless the court sees reason to believe that such prosecutor was prevented from being present by circumstances beyond his control, in which case it may adjourn the hearing of the case. Certified copies or extracts of documents admissible, 246. (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. DIRECTOR OF PUBLIC PROSECUTIONS (ss 7-12). 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 . (3) Whenever there is lodged with or made before a local public prosecutor a sworn declaration in writing by any person disclosing that any other person has committed an offence chargeable in the magistrate's court to which such public prosecutor is attached, he shall determine whether there are good grounds or not: (i)   he may refer to the Director of Public Prosecutions the question whether he shall prosecute or not; and. (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. Person committed or remitted for sentence, 154. Prosecution by Director of Public Prosecutions in person or by appointed substitute, 9. Change The High Court and magistrates' courts PART III Prosecution at the Public Instance A. Manner of carrying out death sentences, 300. Evidence on charge of stealing against clerk or servant, 269. 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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