BOTSWANA – CRIMINAL PROCEDURE AND EVIDENCE ACT

PART XIII - Procedure after Commencement of Trial (ss 176-197)

A. IN THE HIGH COURT AND MAGISTRATES' COURT (ss 176-1 84)


178. Presence of accused

(1) Every criminal trial shall take place, and the witnesses shall, except where otherwise expressly provided by this Act or any other law, give their evidence viva voce, in open court in the presence of the accused, unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable. In that event the court may order him to be removed and may direct the trial to proceed in his absence.

(2) If the accused absents himself during the trial without leave, the court may direct a warrant to be issued to arrest him and bring him before the court forthwith.

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it