Criminal Procedure And Evidence - Discharge Of Accused Persons (Ss 278-282)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1472

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PART XV
Discharge of Accused Persons (ss 278-282)

[Ch0802s278]278. Dismissal of charge in default of prosecution

(1) If the prosecutor (whether public or private)

in the case of a trial by the High Court, having given notice of trial, does

not appear to prosecute the indictment against the accused before the close of

the session of that court before which he gave notice of trial or, in the case

of a trial by a magistrate's court, does not appear on the court day appointed

for the trial, the accused may move the court to discharge him, and the

indictment or summons may be dismissed, and, when the accused or any other

person on his behalf has been bound by recognizance for the appearance of the

accused so to take his trial, may further move the court that such recognizance

be discharged, and such recognizance may thereupon be discharged.

(2) Where the indictment is at the instance of a

private party the accused may move the court that the private prosecutor and

his sureties shall be called on their recognizance, and, in default of his

appearance, that the same be estreated. The accused may also apply for an order

directing that the private prosecutor pay the costs incurred by the accused in

preparing his defence.

(3) Nothing in this section shall be construed as

depriving the Director of Public Prosecutions, or the public prosecutor with

his authority or on his behalf, of the right of withdrawal of any indictment or

summons at any time, and lodging a fresh indictment or issuing and serving a

fresh summons for hearing before the same or any other competent court:

Provided that the proviso to section 150(4) shall

apply mutatis mutandis to such withdrawal.

[Ch0802s279]279. Liberation of accused persons

(1) The High Court shall, at the close of each of

its criminal sessions, discharge from custody all such accused persons as are

then in custody and by law are then entitled to be discharged.

(2) Any person who has been acquitted on any

indictment or summons in a magistrate's court or whose case therein has been

dismissed for want of prosecution shall forthwith be discharged out of custody.

[Ch0802s280]280. General gaol delivery and returns

For the purposes of sections 133 and 279, the High

Court may have regard to any general gaol return delivered under the provisions

of the Cap. 21:03 Prisons

Act, or any regulations made thereunder.

[Ch0802s281]281. Discharge from imprisonment or expiration of recognizance no bar

to trial

Neither discharge from imprisonment nor the

expiration of the recognizance shall be a bar to any person being brought to

trial in any competent court for any offence for which he was formerly

committed to prison or admitted to bail.

[Ch0802s282]282. Accused not brought to trial not obliged to find further bail

No person who has been admitted to bail and who

has not been duly brought to trial or who has been discharged from custody

pursuant to section 279 shall be obliged to find further bail or shall be

liable to be committed to custody either for examination or trial for the same

offence in respect of which he was formerly admitted to bail:

Provided that the Director of Public Prosecutions

may, notwithstanding the discharge of the accused from custody pursuant to

section 279 or the expiration of his bail, at any time before the period of

prescription for such offence has run out, indict the accused in any competent

court, and if the accused, having been duly served with such indictment and

notice of trial, fails to appear at the time mentioned in such notice, the

court in which he is indicted may, on the application of the Director of Public

Prosecutions, issue a warrant for the accused's arrest and detention in prison

until he can be brought to trial or until he finds bail for his appearance to

stand his trial on the said indictment.