Criminal Procedure And Evidence Act Botswana Pdf Download [PATCHED]

Dr Roger Koranteng, head of public sector governance at the Commonwealth Secretariat, said the course looked at advanced techniques and standard operating procedures for managing criminal evidence for court proceedings.

You may leave the country whilst police and judicial procedures are ongoing. However, the police may ask you to remain in country whilst an investigation is underway, this is subject to the discretion of the investigating officer. If you decide you want to withdraw from legal proceedings, the court can compel you to attend court sessions to give evidence, but in practice normally decide not to pursue the matter. The police may help you with accommodation and travel expenses for you to attend trial in-country.

Criminal Procedure And Evidence Act Botswana Pdf Download

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The public prosecutor will register the case at the Magistrate court and initiate prosecution if there is sufficient evidence to do so. The investigating officer will inform you of the date of trial. We are aware of cases that have taken months or years to come to trial because of an overstretch in the criminal justice system.

In a criminal trial an accused person may either choose not to give evidence or give evidence on oath (or affirmation) or make an unsworn statement from the dock. It is with this latter option that this article is concerned. This right to make a statement without being sworn is recognized in section 218 of the Criminal Procedure and Evidence Act (C. P. & E.) which confers competency on an accused person, their wife or husband to testify for the defence at every stage of the proceedings. Section 218(3) provides that:

An analysis of the organization and management of criminal justice agencies. Discusses principles of supervision and motivation of personnel, management problems and solutions, decision-making and administration of policies and procedures.

A study of the elements of criminal law as applied to various theories of criminal evidence to enhance understanding of the various issues facing prosecutors, criminal justice practitioners and law enforcement agents. This course will explore the application of evidentiary issues and its relationship to investigations and criminal conduct.

Chain of custody refers to the documentation that establishes a record of the control, transfer, and disposition of evidence in a criminal case. Evidence in a criminal case may include DNA samples, photographs, documents, personal property, or bodily fluids that were taken from a defendant or discovered at the scene of an alleged crime.

Proving chain of custody can be difficult. If law enforcement does not do it correctly, chain of custody can be successfully challenged in a criminal case. Challenging chain of custody can be a successful defense strategy to eliminate evidence that might be used to convict a defendant.

A private investigator works hand in hand with authorities, and sometimes, if necessary, obtains evidence that can be used in court. This is the criminal case side of the job. On the other hand, private investigators also often work in the personal and financial sector, monitoring a specific individual or group and keeping tabs on their activity.

A criminal profiler is someone who uses specialized techniques and training to identify crime suspects. Their main job is to compile and compare data from crimes and offenders to create a profile of a suspect. They formulate hypotheses by analyzing witness reports, victim testimonies and crime scene evidence. Profilers work closely with law enforcement agencies, often visit and evaluate crime scenes, and perform extensive analysis to identify patterns of criminal behavior.

This dissertation examined the use of offender profiling evidence in criminal cases. The meaning, history, approaches and legal admissibility of offender profiling have been discussed. The introduction of offender profiling into the courtroom has been controversial, problematic and full of inconsistencies. This dissertation therefore, examined the central problems with offender profiling evidence, and answered such questions as - Is offender profiling impermissible character evidence? Who is qualified to give expert profiling evidence? Is offender profiling too prejudicial than probative? Is offender profiling an opinion on the ultimate issue? Is offender profiling sufficiently reliable as to be admissible? This dissertation has noted that in United States, there are inconsistencies in the court decisions on offender profiling evidence as a result of the three conflicting rules governing the admissibility of expert evidence. After a critical examination of the three rules, the adoption of one rule has been suggested. The Frye test standard combined with the Federal Rules of Evidence 702 provides the best admissibility standard. Many people are confused as to the appropriate discipline of offender profiling. This dissertation has therefore, presented a step by step analysis of the history and development of offender profiling. Offender profiling is a multi-disciplinary practice that cuts across many disciplines. At the moment, it is best described as an art with the potential of becoming a science. This dissertation concludes that offender profiling is not sufficiently reliable as to be admissible. It is too prejudicial than probative. This dissertation also concludes that there is an uneasy relationship, lack of unity and absence of sharing information amongst the different segments involved with offender profiling, and that this problem has limited the potential of offender profiling. Hence, some courts are not convinced as to the reliability and validity of this technique. Several recommendations have been made.

Although there is absolutely no guarantee that tip information provided will result in monetary payments, ICE has the discretion and statutory authorization to pay for information and/or evidence that is used in support of criminal investigations.

'Court record' is a broad term denoting the case file, containing all the material admitted into a case by the court and that which the court produces in that regard. This includes documentary evidence; exhibits; summons; correspondence between the parties; affidavits of service; judgments; final orders of court; and the transcript or record of proceedings. The civil record book and criminal record book kept by the registrars and clerks of the High Courts and magistrate's courts of Botswana are designated forms of the record.25 The criminal record book is referred to as the 'criminal case record'.26 Examples of what a record should comprise of include any judgment or ruling; any evidence given in court; any objection made to such evidence; the proceedings of the court, including any inspection in loco; any matter demonstrated by any witness in court; and any other portion of the proceedings which the judge may specifically order to be recorded.27The record books of the courts of Botswana contain the following common features: the serial number of the case; the names of the parties; the cause of action; the date the document was filed and the party filing it; the hearing date; and the judgment, among others.28These specifics are similar to the contents of the record of proceedings of local council courts of Uganda.29 The aforementioned details give the case an identity and a time value. They also substantiate and legitimise the claim or charge. The record per se serves the following functions: It initiates proceedings, safeguards the memory of the case, acts as evidence, and often supports the legal rights and obligations of stakeholders.30

The form and manner of taking, keeping, and the disposal or destruction of the court record are subjects of law. The Rules of the High Court and the magistrate's courts of Botswana instructively lay down the procedure to be followed in the generation and maintenance of the court record.31 The statutory foundation, rule basis and systematic character of recording and custody of the court record accord legal force and character of due process to an otherwise administrative task. In Uganda, the Rules Committee is mandated to prescribe the form and manner in which court records are to be kept and disposed of or destroyed.32 However, it is not clear whether such rules exist. Of note, proper generation of the record is crucial among courts with original (trial) jurisdiction, such as the magistrate's courts and the high courts of the countries studied. Botswana enacted an Act enabling the admissibility of electronic records as evidence in legal proceedings.33 As more activity is being conducted electronically, the primary or best evidence is manifesting more in electronic form, such as e-mails. The special features of an e-mail, such as the place where it was generated, the time it was written and the gadget that was used, have evidential value. Technological advancements, such as electronic case files, aid the fact-finding process.

In Botswana, the aforementioned process is guided by the rules of the courts. There is no elaborate procedure, but the rules contain fragments of instructive guiding principles. Of note is Order 45 Rules 16-19 of the Rules of the High Court, which set out (i) the composition of the record; (ii) the means by which the record is to be kept; (iii) the circumstances under which the record may be transcribed; and (iv) the means by which a party may access the record.53 Directives on the record of civil proceedings among magistrate's courts are contained in Order 28 of the Rules of Magistrate's Courts, setting out (i) the contents of the minutes of court proceedings; (ii) the role bearers; (iii) the manner in which the record is taken; (iv) the circumstances under which the record may be transcribed; and (v) the mode of correcting errors.54 The Magistrate's Court Rules also set standards for the taking of the criminal case record.55 Key observations are that the adjudicating officer maintains substantial control of and undertakes considerable responsibility for the process. In fact, the official minutes of judicial officers constitute the record.56 The record often appears first in manuscript (a handwritten version), whereupon it is typed. Second, there is no standardised form in which the record is to be taken and kept: the record may be taken down and filed in longhand, shorthand, mechanically or electronically.57 The magistrate's courts' Rules envisage an open category of 'other means' that permits any other form of producing the record.58 Third, transcribing and duplicating the record occur, as of necessity, at the request of an adjudicating officer or a party intending to lodge an appeal.59 Transcription has proven strenuous for the courts. The High Court of Botswana noted that there were not sufficient transcribers to expedite the production of records for matters going on appeal and to process current court orders and judgments.60 Fourth, an accused person has the right to a copy of the proceedings upon payment of a fee, subsequent to the judgment of the offence.61 Fifth, every court reporter of a magistrate's court or stenographer of the High Court of Botswana is required to take an oath or affirm, before assuming duty, that they would faithfully and to the best of their ability record and transcribe the record of proceedings, if required to do so.62 This implies that such court reporter, stenographer or transcriber may be cross-examined on the contents of the record and their role in the process of generating it. The significance of this good practice cannot be underestimated. The rule-based partial electronic record management system of Botswana illustrates that an improved system of court record management is possible in Africa. 17dc91bb1f