„In criminal matters, a district court may, with the consent of the Public Prosecutor`s Office, promote reconciliation and promote and facilitate the amicable settlement of proceedings relating to bodily injury or any other offence of a personal or private nature the extent of which is not aggravated, subject to the payment of compensation or other conditions approved by that court. and may then order the stay of proceedings. (9) Any court or other judicial authority designated by law to determine the existence or extent of a law or civil obligation shall be established or recognized by law and shall be independent and impartial; If such a finding is made by a person before such a court or other judicial authority, the case must be given a fair trial within a reasonable time. „No person shall be punished twice for the same act or omission, either under this Code or under the provisions of any other law, unless the act or omission is likely to cause the death of another person; In that case, he may be convicted of the offence of which he is guilty of causing death. notwithstanding the fact that he has already been convicted of another offence constituted by the act or omission. » High Court – A superior court with unlimited initial jurisdiction to hear and decide criminal and civil matters under any law. Of the 16 permanent judges, only one lives abroad. [5] (1) If a person is charged with a criminal offence, the matter shall be given a fair hearing within a reasonable time by an independent and impartial tribunal established or recognized by law. Magistrate Courts – Magistrates Courts are established by law as subordinate courts. They are subordinate to the High Court. Unlike the High Court, the Magistrates Courts are not created by the Constitution. These courts generally deal with the following matters: family matters such as paternity and maintenance orders; adoption of children; Injunctions in cases of domestic violence; civil actions; Criminal motions and proceedings. [6] If a District Court convicts an accused (aged 17 or over) and the Court considers that the offence should be punished at a higher rate than it can impose, the Court may refer the case back to the High Court for conviction. [7] The death penalty may be carried out only by special order of the President, to whom a record of all proceedings on the merits must be sent as soon as possible after sentencing, together with a report on the case prepared by the presiding official.

[18] There is also a labour court (for labour law matters) and a regional court. Although ethnic Tswana are often considered the majority, state censuses do not collect information on ethnicity. Previous studies have shown that the Tswana are a minority in some areas and that all communities are made up of people of heterogeneous origin, including Kalanga, Yei, Mbukushu, Subiya, Herero, Talaote, Tswapong, Kgalagadi, Kaa, Birwa and various peoples known as Bushmen (or Sarwa in Botswana). There are also European and Indian residents. The right to a fair trial is fully set out in Chapter II, section 10, of the Constitution of Botswana, under the heading „Provisions for Legal Protection”: (6) No person shall be tried for an offence if he proves that he has been pardoned for that offence. It is lawful for any police officer of the rank of sergeant or above to believe that there are reasonable grounds to delay obtaining a search warrant would defeat the purpose of a search, which is a search without a search warrant. [10] Court of Appeal – The highest and final court in the land. The Court of Justice is the highest court for all questions of law.

There are eight foreign judges of the Court of Appeal from different parts of the Commonwealth. [4] If a woman convicted of an offence punishable by death claims to be pregnant, or if the court before which a woman so sentenced considers that an ordained wife is appropriate, the court decides whether or not the woman is pregnant before sentencing. [17] Prior to 2011, there was no legal aid in the country to support the accused.