Criminal Procedure And Evidence - Costs, Compensation And Restitution (Ss 316-320)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1476

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PART XIX
Costs, Compensation and Restitution (ss 316-320)

[Ch0802s316]316. Court may order accused to pay compensation

(1) When any person has been convicted of an

offence which has caused personal injury to some other person, or damage to or

loss of property belonging to some other person, the court trying the case may,

after recording the conviction and upon the application of the injured party,

forthwith award him compensation for such injury, damage or loss.

(2) For the purposes of determining the amount of

compensation or the liability of the accused therefor, the court may refer to

the proceedings and evidence at the trial or hear further evidence upon

affidavit or verbal or the amount of compensation which may be awarded by the

court in accordance with an agreement reached between the person convicted and

the person to be compensated.

(3) The court may order a person convicted upon a

private prosecution to pay the costs and expenses of such prosecution in

addition to the sum (if any) awarded under subsection (1):

Provided that if such private prosecution was

instituted after a certificate by the Director of Public Prosecutions that he

declined to prosecute, the court may order the costs thereof to be paid by the

State.

(4) When a magistrate's court has made any award

of compensation, costs or expenses under this section, the award shall have the

effect of a civil judgment of that court, and when the High Court has made any

such award, the Registrar of that Court shall forward a certified copy of the

award to the clerk of the magistrate's court of the district wherein the

convicted person underwent the preparatory examination held in connection with

the offence in question, and thereupon such award shall have the same effect as

a civil judgment of that magistrate's court.

(5) Any costs awarded as aforesaid shall be taxed

according to the scale, in civil cases, of the court which made the award.

(6) Where any moneys of the accused have been

taken from him upon his apprehension, the court may order payment in

satisfaction or on account of the award, as the case may be, to be made

forthwith from those moneys.

(7) Any person against whom an award has been made

under this section shall not be liable at the suit of the person in whose

favour an award has been so made, and who has accepted the award, to any other

civil proceedings in respect of the injury for which compensation has been

awarded.

[Ch0802s317]317. Compensation to innocent purchaser of stolen property

When any person has been convicted of theft or of

any offence whereby he has unlawfully obtained any property, and it appears to

the court by the evidence that he sold such property or part of it to any

person who had no knowledge that it was stolen or unlawfully obtained, and that

money has been taken from the convicted person on his apprehension, the court

may, on the application of such purchaser and on restitution of such property

to its owner, order that, out of the money so taken from the prisoner and

belonging to him, a sum, not exceeding the amount of the proceeds of the sale,

be delivered to such purchaser.

[Ch0802s318]318. Restitution of stolen property

(1) If any person is convicted of theft or

receiving stolen property knowing it to have been stolen, or otherwise unlawfully

obtaining any property, such property may be restored to the owner or his

representative on application by him to the court.

(2) In every such case the court before which such

person is tried for any such offence shall have power to award from time to

time writs of restitution in respect of the said property or to order the

restitution thereof in a summary manner.

(3) If it appears, before any award is made, that

any valuable security has been bona fide paid or discharged by any

person liable to the payment thereof or, being a negotiable instrument has been

bona fide taken or received by transfer or delivery by any person for a

just and valuable consideration without notice or without any reasonable cause

to suspect that the same had by any offence been stolen or otherwise unlawfully

obtained, or if it appears that the property stolen or received as aforesaid or

otherwise unlawfully obtained has been transferred to an innocent purchaser for

value who has acquired a lawful title thereto, the court shall not award or

order the restitution of such security or property.

[Ch0802s319]319. Return of exhibits, etc.

(1) The court may, after the conclusion of any

trial and subject to any special provision contained in any law, make a special

order as to the return to the person entitled thereto of the property in

respect of which the offence was committed or of any property seized or taken

under this Act or produced at the trial. If no such order is made the property

shall, on application, be returned to the person from whose possession it was

obtained (unless it was proved during the trial that he was not entitled to such

property) after deduction of the expenses incurred since the conclusion of the

trial in connection with the custody of the property; but if within a period of

three months after the conclusion of the trial no application is made under

this section for the return of the property, or if the person applying is not

entitled thereto or does not pay the expenses aforesaid, the property shall

vest in the State.

(2) The court convicting any person of any offence

which was committed by means of any weapon, instrument or other article

produced to the court may, if it thinks fit, declare such weapon, instrument or

other article to be forfeited to the State.

(3) The court convicting any person of any offence

specified in Part I of the First Schedule who was arrested while in possession

or custody of any vehicle or receptacle used in the conveyance of or containing

any article or substance in connection with which the said offence was

committed may, if it thinks fit, declare that vehicle or receptacle, or the

convicted person's right thereto, to be forfeited to the State:

Provided that such declaration shall not affect

any rights which any person other than the convicted person may have to the

vehicle or receptacle in question if it is proved that he did not know that it

was being used or would be used for the conveyance of, or as receptacle for,

the said article or substance, or that he could not prevent such use.

(4) During the trial resulting in any such

declaration of forfeiture and at any time after the making of such declaration,

the court which is holding or which held the trial may inquire into and

determine any person's rights to the vehicle or receptacle in question; and if

such determination is adverse to any person, he may appeal therefrom as if it

were a conviction by the court making the determination, and such appeal may be

heard either separately or jointly with an appeal against the conviction as a

result whereof the forfeiture was declared, or against a sentence imposed as a

result of such conviction.

(5) If any such declaration is set aside or varied

after the sale, on behalf of the State, of the vehicle or receptacle or rights

declared to be forfeited, the person whose rights were upheld by the setting

aside or variation of the declaration may, at his option, enforce those rights

against any person in possession or custody of the vehicle or receptacle in

question, or claim from the Government an amount equal to the value of those

rights but not exceeding the proceeds of the sale of those rights.

[Ch0802s320]320. Miscellaneous provisions as to awards or orders under this Part

(1) Any award or order of restitution made under

this Part may be made subject to the applicant giving security de

restituendo in case the award or order be reserved on appeal or review.

(2) The court may in any case refer a party

applying for compensation under this Part to his remedy under the ordinary law.

(3) When any such award or order is made against

two or more persons it shall be joint and several.