Botswana

Criminal Procedure and Evidence

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.

Keywords

Fair trial standards
Rights during trial - present at trial



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