Criminal Procedure And Evidence - Search Warrants, Seizure And Detention Of Property Connected With Offences And Custody Of Women Unlawfully Detained For Immoral Purposes (Ss 51-59)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1464

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PART VII
Search Warrants, Seizure and Detention of Property Connected with Offences

and Custody of Women Unlawfully Detained for Immoral Purposes (ss 51-59)

[Ch0802s51]51. Search warrants

(1) If it appears to a judicial officer on

complaint made on oath that there are reasonable grounds for suspecting that

there is upon any person or upon or at any premises or other place or upon or

in any vehicle or receptacle of whatever nature within his jurisdiction-

(a) stolen

property or anything with respect to which any offence has been, or is

suspected on reasonable grounds to have been, committed;

(b) anything

as to which there are reasonable grounds for believing that it will afford

evidence as to the commission of any offence; or

(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,

he may issue his warrant directing a policeman or policemen named therein

or all policemen to search any person, premises, other place, vehicle, or

receptacle, and any person found in or upon such premises, other place, or

vehicle, and to seize any such thing if found, and to take it before a judicial

officer to be dealt with according to law.

(2) Any such warrant shall be executed by day

unless the judicial officer by the warrant specially authorizes it to be

executed by night, in which case it may be so executed; and in the searching of

any woman the provisions of subsection (3) of section 46 shall mutatis

mutandis apply. Such warrant may be issued and executed on Sunday as on any

other day.

[Ch0802s52]52. Search by police without warrant

(1) If a policeman of the rank of Sergeant or

above such rank believes on reasonable grounds that the delay in obtaining a

search warrant would defeat the object of the search he may himself search any

person, premises, other place, vehicle or receptacle of whatever nature, and

any person found in or upon such premises, other place or vehicle, for any such

thing mentioned in section 51 and may seize such thing if found and take it

before a judicial officer:

Provided that in the searching of any woman the

provisions of subsection (3) of section 46 shall mutatis mutandis apply.

(2) Such search must, as far as possible be made

in the day time and in the presence of two or more respectable inhabitants of

the locality in which the search is made.

(3) It shall be lawful for any policeman of or

above the rank of Sub-Inspector, and any policeman having a special written

authority from a judicial officer or policeman of or above the rank of

Sub-Inspector, to enter and inspect, without warrant, any drinking bar, common

gaming house or other place of resort of loose and disorderly persons.

[Ch0802s53]53. Search for stolen stock or produce, liquor or habit-forming

drugs

(1) If any policeman of the rank of Sergeant, or

above such rank, has reason to suspect that any stolen stock or produce (as

defined in any law dealing with the theft of stock or produce) is upon any

premises or at any place, or that any substance has been placed upon any

premises or at any place or is in the custody or possession of any person upon

any premises or at any place, in contravention of a provision of any law

relating to intoxicating liquor or habit-forming drugs, he may at any time

enter upon and search such premises or place and search any person thereupon or

thereat, or grant written authority to any person applying therefor to make

such entry and search. Any person in lawful occupation of any land shall in

respect of any premises or place upon that land be entitled to exercise the

powers conferred by this subsection upon a policeman as aforesaid.

(2) Any person who, under colour of this section,

wrongfully and maliciously or without probable cause applies for, obtains, or

acts upon any such written authority, or wrongfully and maliciously or without

probable cause exercises the powers of search conferred by this section, shall

be guilty of an offence and liable to a fine not exceeding P100 or, in default

of payment, to imprisonment for a term not exceeding three months. Such person

shall also be liable to pay to the person lawfully in occupation of the

premises or place when the same was searched such sum by way of damages, not

exceeding P200 as any competent court may award.

(3) Nothing contained in subsection (2) shall be

construed as depriving any aggrieved person of the right to elect to take any

other remedy allowed by law in lieu of the remedy under that subsection.

[Ch0802s54]54. Judicial officer may order seizure of books or documents in

possession of any person

(1) If it appears from information on oath that

any person is in possession of any book of account or document or any other

thing whatsoever which is necessarily required in evidence in any criminal

proceedings, any judicial officer presiding at such proceedings may issue an

order directing the officer to whom such order is addressed to take possession

of such book or document or thing and hand it over to such person as may be

named in such order, and thereupon such officer may lawfully execute such

order.

(2) Any person who resists or hinders, or aids,

incites or encourages any other person to resist or hinder, such officer in

executing the order shall be guilty of an offence and liable to a fine not

exceeding P200, or in default of payment, to imprisonment for a term not

exceeding 12 months.

[Ch0802s55]55. Seizure of counterfeit coin, etc.

(1) If any person finds in any place whatever or

in the possession of any person without lawful authority or excuse-

(a) any

counterfeit coin or any forged bank-note or bank-note paper;

(b) any

tool, instrument, or machine, adapted and intended for making any such

counterfeit coin or forged bank-note or bank-note paper;

(c) any

filings or clippings of gold or silver or any gold or silver in bullion, dust,

solution or any other state which may be suspected on reasonable grounds to

have been obtained by dealing with any current gold or silver coin in such a

manner as to diminish its weight,

the person who finds the same may seize the article or articles found and

take the same forthwith before a judicial officer to be dealt with according to

law.

(2) For the purposes of subsection (1)

"bank-note" includes any note (by whatsoever name called) which is

legal tender in the country in which it is issued.

[Ch0802s56]56. Seizure of vehicle or receptacle used in connection with certain

offences

On the arrest of any person on a charge of an

offence specified in Part I of the First Schedule the person making the arrest

may seize any vehicle or receptacle in the possession or custody of the

arrested person at the time of the arrest and used in the conveyance of or

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

is alleged to be or to have been committed.

[Ch0802s57]57. General powers of police to seize or take property affording

evidence as to commission of offence

Subject to sections 51 and 52, a policeman may

seize or take anything which he believes on reasonable grounds will afford

evidence as to the commission of any offence and thereafter that policeman or

any other policeman into whose possession the thing is subsequently delivered

or otherwise comes may retain it in his possession until such time as the

Director of Public Prosecutions is satisfied that no use or further use will be

made of the thing to afford evidence in any criminal proceedings, whether

actual or contemplated, as to the commission of any offence.

[Ch0802s58]58. Disposal of property seized

(1) When on the arrest of any person on a charge

of an offence relating to property, the property in respect of which the offence

is alleged to have been committed is found in his possession, or when anything

is seized or taken under the provisions of this Act, the person making the

arrest or (as the case may be) the person seizing or taking the thing shall

deliver, or cause to be delivered, the property or thing to a judicial officer

within such time as in all the circumstances of the case is reasonable.

(2) Whenever anything is so seized or taken, marks

of identification when practicable shall, by the person seizing it, be placed

thereon at the time of the seizure or taking or as soon thereafter as can

conveniently be done.

(3) The judicial officer shall cause the property

or thing so seized, or taken to be detained in such custody as he may direct,

taking reasonable care for its preservation until the conclusion of a summary

trial or of any investigation that may be held in respect of it; and if any

person is committed for trial for any offence committed with respect to the

property or thing so seized or taken, or for any offence committed under such

circumstances that the property or thing so seized or taken is likely to afford

evidence at the trial, the judicial officer shall cause it to be further

detained in like manner for the purpose of its being produced in evidence at such

trial.

(4) At the conclusion of the summary trial or (as

the case may be) if the Director of Public Prosecutions declines to prosecute,

the judicial officer shall direct that the thing be returned to the person from

whose possession it was taken, unless he is authorized or required by law to

dispose of it otherwise.

(5) This section shall not apply in respect of

anything seized or taken by a policeman in exercise of the powers conferred on

him by section 57.

[Ch0802s59]59. Weapons seized under search warrants

(1) If any weapon believed to be dangerous to the

public peace is seized under a search warrant, it shall be kept in safe custody

in such place as the judicial officer directs, unless the owner of the weapon

proves to the satisfaction of the judicial officer that it was not kept for any

purpose dangerous to the public peace.

(2) Any person from whom any such weapon is so

taken may, if the judicial officer upon whose warrant it was seized refuses

upon application made for that purpose to restore it, apply to the Minister for

the restoration of such weapon. Ten days' notice of such application shall be

given to the judicial officer, and the Minister shall make such order for the

restoration or safe custody of such weapon as, upon such application, appears

to him to be proper.