An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.
Local Representation of Certain Persons
5. (1) The court before which -
(a) any person is brought up for trial for an offence under section 3 of this Act; or
(b) a protected prisoner of war or a protected internee is brought up for trial for any offence,
shall not proceed with the trial unless -
(i) the accused is represented by an advocate or attorney;
(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the attorney by whom that advocate was instructed or by whom the accused is represented.
(2) Where the accused is a protected prisoner of war or a protected internee, in the absence of an advocate or attorney accepted by the accused as representing him, an advocate or attorney instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the foregoing subsection, be regarded for the purposes of that subsection as representing the accused.
(3) If the court adjourns the trial by reason that the accused is not represented by an advocate or attorney, the court shall direct that an advocate, who shall have a right of audience not withstanding anything in section 9 of the Legal Practitioners Proclamation (Chapter 146), or an attorney be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of advocate or attorney either accepted by the accused as representing him or instructed as mentioned in the last preceding subsection, an advocate or an attorney, assigned in accordance with this subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (1), be regarded for the purposes of that subsection as representing the accused.
(4) An advocate or an attorney shall be assigned in accordance with the last preceding subsection in such manner as the President may by regulation prescribe, and any advocate or attorney so assigned shall be entitled to be paid out of moneys provided by Parliament such sums in respect of fees and disbursements as the President may by regulation prescribe.
Fair trial standards
Rights during trial - legal assistance
Rights during trial - counsel of accused's choosing
EDIT.