Mutual Assistance In Criminal Matters - Custody Of Persons In Transit (Ss 24-26)

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[Ch0804s24]24. Transit



(a) a person is to be transported in custody

from a foreign country through Botswana to another foreign country for the

purpose of giving evidence in a proceeding, or giving assistance in relation to

an investigation, relating to a criminal matter in the other foreign country;


(b) at least one of those foreign countries is

a foreign country to which this Act applies,

the person-

(i) may be transported through Botswana in the custody of another

person; and

(ii) if an aircraft by which the person is being transported lands at

a place in Botswana,

shall be kept in such custody as the Director of Public Prosecutions

directs in writing until his transportation is continued.


Where a person who is being held in custody pursuant to a direction under

subsection (1) and his transportation is not, in the opinion of the Director of

Public Prosecutions, continued within a reasonable time, the Director of Public

Prosecutions may direct that he be transported in custody to the foreign

country from which the person was first transported.

[Ch0804s25]25. Escaping


person who being a person being kept in custody pursuant to a direction under

section 24(1), escapes from such custody, shall be guilty of an offence and

liable to imprisonment for a term not exceeding two years.

[Ch0804s26]26. Arrest of person in transit


Any police officer may, without warrant, arrest a person if the police officer

has reasonable grounds to believe that the person was being kept in custody

pursuant to a direction under section 24(1) and has escaped from that custody.

(2) A

person who has been arrested pursuant to subsection (1) shall be returned to

custody in accordance with this Act.