PART III
Prosecution at the Public Instance (ss 7-13)

A. DIRECTOR OF PUBLIC PROSECUTIONS (ss 7-12)

[Ch0802s7]7.       Director of Public Prosecutions vested with right of prosecuting all offences

            The Director of Public Prosecutions is vested with the right and entrusted with the duty of prosecuting in the name and on behalf of the State in respect of any offence committed in Botswana.

[Ch0802s8]8.       Prosecution by Director of Public Prosecutions in person or by appointed substitute

            The Director of Public Prosecutions may appear personally or by any person delegated by him at any preparatory examination held under Part VIII or to conduct any prosecution before any court.

[Ch0802s9]9.       Presiding officer may appoint prosecutor in certain cases

            If through any cause whatsoever the person so appointed to conduct a prosecution or to appear at any preparatory examination is unable to act or if no person has been appointed, the officer presiding over such court or examination may, by writing under his hand, designate some fit and proper person for that occasion to prosecute or (as the case may be) to appear:

            Provided that where no fit and proper person is available, the presiding officer may, in his discretion, proceed with the trial of any case or the hearing of any examination in the absence of a prosecutor.

[Ch0802s10]10.     Attorney-General's power of stopping prosecutions

            The Director of Public Prosecutions may, at any time before conviction, stop any prosecution commenced by him or by any other person charged with the prosecution of criminal cases.

[Ch0802s11]11.     Power of ordering liberation of persons committed for further examination, sentence or trial

            The Director of Public Prosecutions may order the liberation of any person committed to prison for further examination, sentence, or trial. For that liberation a writing setting forth that the Director of Public Prosecutions sees no ground for prosecuting such person and subscribed by him shall be a sufficient warrant.

[Ch0802s12]12.     Neither acquittal nor conviction a bar to civil action for damages

            Neither a conviction nor an acquittal following on any prosecution is a bar to civil action for damages at the instance of any person who may have suffered any injury from the commission of an alleged offence.

B. LOCAL PUBLIC PROSECUTOR (s 13)

[Ch0802s13]13.     Powers and duties of local public prosecutor

            (1) All public prosecutors in any magistrate's court are, as representatives of the Director of Public Prosecutions and subject to his instructions, charged with the duty of prosecuting in that court, in the name and on behalf of the State all offences which that court has jurisdiction to try.

            (2) Criminal proceedings instituted in any magistrate's court by any public prosecutor may be continued by any other public prosecutor.

            (3) Whenever there is lodged with or made before a local public prosecutor a sworn declaration in writing by any person disclosing that any other person has committed an offence chargeable in the magistrate's court to which such public prosecutor is attached, he shall determine whether there are good grounds or not:

            Provided that-

      (i)     he may refer to the Director of Public Prosecutions the question whether he shall prosecute or not; and

      (ii)     any other person may be specially authorized by the Director of Public Prosecutions to prosecute in the matter.