Criminal Procedure And Evidence - Judgment On Criminal Trial (Ss 289-297)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1474

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PART XVII
Judgment on Criminal Trial (ss 289-297)

[Ch0802s289]289. Withdrawing charges

When an indictment or summons containing more

counts than one is framed against the same person, and when a conviction has

been obtained on one or more of them, the prosecutor may withdraw the remaining

charge or charges. Such withdrawal shall have the effect of an acquittal on

such charge or charges unless the conviction be set aside. In that event the

court (subject to the order of the court setting aside the conviction) may,

upon the application of the Director of Public Prosecutions, proceed with the

trial of the charge or charges so withdrawn.

[Ch0802s290]290. Mode of delivering judgment

(1) The judgment in every trial in any criminal

court in the exercise of its original jurisdiction shall be pronounced, or the

substance of such judgment shall be explained, in open court either immediately

after the termination of the trial or at some subsequent time, of which notice

shall be given to the parties and their legal representative, if any:

Provided that-

(i) the whole

judgment shall be read out by the presiding judge or magistrate if he is

requested to do so either by the prosecution or the defence;

(ii) in a case in

the High Court any judgment written by a judge may be read by any magistrate or

officer of the court if directed to do so;

(iii) in a case in

a magistrate's court any judgment written by a magistrate may be read by any

other magistrate if directed to do so;

(iv) where a court

convicts a person of murder it shall state whether in its opinion there are

extenuating circumstances and if it is of the opinion that there are such

circumstances, it may specify them, but any failure to comply with the

requirements of this proviso shall not affect the validity of the verdict of

any sentence imposed as a result thereof.

(2) The accused person shall, if in custody, be

brought before the court, or, if not in custody, be required by the court to

attend, to hear judgment delivered, except where his personal attendance during

the trial has been dispensed with and the sentence is one of fine only or he is

acquitted.

(3) No judgment delivered by any court shall be

deemed to be invalid by reason only of the absence of any party or his legal

representative on the day or from the place notified for the delivery thereof,

or of any omission to serve, or defect in serving, on the parties or their

legal representatives, or any of them, the notice of such day and place.

[Ch0802s291]291. Contents of judgment

(1) Every such judgment shall be written by or under

the direction of the presiding officer of the court in the language of the

court, and shall contain the point or points for determination, the decision

thereon and the reasons for the decision, and shall be dated and signed by the

presiding officer in open court at the time of pronouncing it.

(2) In the case of a conviction, the judgment

shall specify the offence of which, and the section of the Cap. 08:01 Penal

Code or other law under which, the accused person is convicted, and the

punishment to which he is sentenced.

(3) In the case of an acquittal, the judgment

shall state the offence of which the accused person is acquitted, and shall

direct that he be set at liberty.

[Ch0802s292]292. Arrest of judgment

(1) A person convicted of an offence before the

High Court, whether on his plea of guilty or otherwise, may, at any time before

sentence, move that Court that judgment be arrested on the ground that the

indictment does not disclose any offence.

(2) Upon the hearing of the motion the Court may

allow any such amendments of the indictment as it might have allowed before

verdict.

(3) The Court may hear and determine the motion

either forthwith or after such adjournment as it may consider necessary.

[Ch0802s293]293. Decision may be reserved

The court before which any person is tried for an

offence may reserve the giving of its final decision on questions raised at the

trial; and its decision whenever given shall be considered as given at the time

of the trial.

[Ch0802s294]294. Sentence in the High Court

(1) If a motion in arrest of judgment is not made

or is dismissed, the High Court may either pass sentence upon the offender

forthwith or may discharge him on his recognizance, as hereinafter provided, on

condition that he shall appear and receive judgment at some future session of

the Court or when called upon.

(2) If sentence is not passed forthwith the

presiding officer of the Court may, at any subsequent sitting thereof at which

the offender is present, pass sentence upon him.

[Ch0802s295]295. Committal to High Court for sentence after conviction in a

magistrate's court

(1) Where on the trial by a magistrate's court a

person who is not less than the apparent age of 17 years is convicted of an

offence, the court if it is of opinion that greater punishment should be

inflicted for the offence than it has power to inflict, may, for reasons to be

recorded in writing on the record of the case, instead of dealing with him in

any other manner, commit him in custody to the High Court for sentence.

(2) For the purposes of this section, the

aggregate of consecutive sentences imposed upon any person, in case of

conviction for several offences at one trial, shall be deemed to be a single

sentence.

[Ch0802s296]296. Procedure on committal for sentence under section 295

(1) In any case where a magistrate's court commits

a person for sentence under the provisions of section 295, the magistrate's court

shall forthwith send a copy of the record of the case to the High Court.

(2) Any person committed to the High Court for

sentence shall be brought before the High Court at the next convenient sessions

thereof or earlier if so directed by that Court.

(3) When any person is brought before the High

Court in accordance with the provisions of subsection (2), the High Court shall

inquire into the circumstances of the case and, if satisfied from the record of

the accused's guilt, shall thereafter proceed as if such person had pleaded

guilty before the High Court in respect of the offence for which he has been so

committed.

(4) If the High Court, under the provisions of

this section, passes any sentence upon any person such person shall be deemed

to have been tried and convicted for the offence concerned before the High

Court.

[Ch0802s297]297. Provisions applicable to sentences in all courts

(1) The court may, before passing sentence,

receive such evidence as it thinks fit in order to inform itself as to the

sentence proper to be passed.

(2) Every warrant for the execution of any

sentence passed in a criminal case by any court may be issued either by the

officer who passed the sentence or by any judicial officer of that court, or in

the case of the High Court, by the Registrar or Assistant Registrar of that

Court.

(3) If, in a magistrate's court, sentence is not

passed upon an offender forthwith upon his conviction, or if, by reason of any

decision or order of the High Court on appeal, review or otherwise, it is

necessary to add to or vary any sentence passed in a magistrate's court, or to

pass sentence anew in such court, any judicial officer of that court may, in

the absence of the judicial officer who convicted the offender or passed the

sentence, as the case may be, pass sentence on the offender after consideration

of the evidence recorded and in the presence of the offender.