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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Unsworn Statement from the Dock and the Accused Person in Botswana
Author:Quansah, E.K.
Year:1999
Periodical:Journal of African Law
Volume:43
Issue:2
Pages:234-243
Language:English
Geographic term:Botswana
Subjects:evidence
Law, Human Rights and Violence
Abstract:In a criminal trial an accused person may either choose not to give evidence or give evidence on oath (or affirmation) or make an unsworn statement from the dock. The right to make a statement without being sworn is recognized in section 218 of the Criminal Procedure and Evidence Act of Botswana. The author considers the legal status of the unsworn statement from the dock and its perceived advantages, before addressing the question as to the continuing relevance of this right in the light of Botswana's constitutional provision - section 10(2)(d) - that every person charged with a criminal offence shall be permitted to defend himself in person or by a legal representative of his or her choice. He argues that whatever merit the right to make an unsworn statement had in the past, Botswana's present constitutional dispensation does not warrant its retention. Notes, ref., sum. (p. ii).
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