Glossary

  • Arraignment: this is a formal reading of a charge sheet in the presence of the accused person, to inform them of the charges against them. This process allows the accused to  enter a plea in preparation for trial.
  • Extradition:  is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them
  • Committal: proceedings are court hearings held in the Magistrates' Court to decide whether there is sufficient evidence against an accused person charged with a serious criminal offence to order them to face trial in a higher court.
  • Consent: in certain statutorily created cases consent is imposed in order to prevent certain offences being prosecuted in inappropriate circumstances.
  • CMC (Case Management Conference): this court process is observed prior to trial where issues pertaining to how the trial would be carried out are laid down.  Order 45 (4) (1) (m) of the Magistrate Court Rules provides the following for the facilitation of a just and speedy disposal of the case;

    (a) the agreement on admissions,
    (b) facts and legal issues in dispute,
    (c) witnesses to be called, and
    (d) the setting of trial dates

  • MLA (Mutual Legal Assistance): This is trans – boundary assistance offered to each other by prosecutorial or Law Enforcement Agencies in areas of evidence collection, witness tracing and sometimes hearing of evidence in another country per request by another.
  • Nolle Prosequi: Latin word for a document issued by the DPP to indicate that he/she is stopping proceedings against accused persons in line with Section 51A (3) (c) of the Constitution of Botswana.
  • Summons: refers to documents issued upon the accused person to appear before court. Whilst documents issued upon witnesses to appear before court are called subpoenas.  Failure to comply with the above documents by either the accused or witness may result in a warrant of arrest issued against them to compel them to appear.
  • Docket: a docket refers to a file from the law enforcement agency that has not been registered at any court of law
  • Case: this refers to a file from the law enforcement agency that has already been registered with court.