(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,
(i) may be transported through Botswana in the custody of another
(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.
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.
person who has been arrested pursuant to subsection (1) shall be returned to
custody in accordance with this Act.