CRIMINAL PROCEDURE AND EVIDENCE CODE: SUBSIDIARY LEGISLATION

CRIMINAL PROCEDURE AND EVIDENCE CODE: SUBSIDIARY LEGISLATION

APPOINTMENTS OF PUBLIC PROSECUTORS

deemed to be made under s. 79

G.N. 85/1962

    All police officers of or above the rank of sub-inspector have been appointed to be public prosecutors in all criminal cases before subordinate courts in Malawi.

NOTE

    A number of appointments of named persons have been made out are not published here.

CRIMINAL PROCEDURE (PLEAS OF GUILTY IN WRITING) RULES

deemed to be made under s. 93

G.N. 14/1959
242/1963

1.    Citation

    These Rules may be cited as the Criminal Procedure (Pleas of Guilty in Writing) Rules.

2.    Conditions for acceptance of plea of guilty in writing

    (1) A Subordinate Court shall not accept a plea of guilty in writing under section 93 of the Code unless the Court is satisfied that a document containing—

    (a)    a notification of the effect of section 93 of the Code and of these Rules; and

    (b)    a concise statement of such facts relating to the charge as will be placed before the Court by or on behalf of the Prosecutor if the accused pleads guilty without appearing before the Court, has been served upon the accused with the summons.

    (2) Such document shall be in the form set out in the Schedule with such variations as the circumstances of each case may require.

3.    Notification and statement to be read in court

    Before accepting a plea of guilty and convicting the accused in his absence, the Court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the Court with a view to mitigation of sentence to be read out before the Court.

4.    Statement of other facts on behalf of Prosecutor not permitted

    If the Court proceeds under section 93 of the Code to hear and dispose of the case in the absence of the accused the Court shall not permit any statement to be made by or on behalf of the Prosecutor with respect to any facts relating to the offence charged other than the statement of facts aforesaid, except on a resumption of the trial after any adjournment for the purpose of procuring the personal attendance of the accused.

r. 2

SCHEDULE

STATEMENT TO BE SERVED WITH SUMMONS

In the	Court at Case No.	20 ………

To ………………………………………………………………………….. (Insert name of accused person)

It will not be necessary for you to attend personally before the Court in answer to the attached summons if before the day appointed therein for your appearance—

(a)    you state clearly in the space provided below that you wish to plead guilty to the charge, and that you agree that the facts herein below stated are correct; and

(b)    you sign your name at the end of this document (or if you cannot sign your name you thumb print it in the presence of a witness); and

(c)    you return this document either by post or otherwise to the Court above mentioned.

STATEMENT OF FACTS

1.    Plea ………………………………………………………………………………………………………………..

2.    Whether the facts above stated are correct ………………………………………………………………..

3.    Any facts in mitigation of sentence which you wish to draw to the attention of the Court should be stated here …………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

Signature of accused person: ………………………………………………………………………………….

(or thumbprint of accused person)

Witness: ……………………………………………………………………………………………………………

CRIMINAL PROCEDURE AND EVIDENCE (DOCUMENTARY EVIDENCE) RULES

ARRANGEMENT OF RULES

    RULE

    1.    Citation

    2.    Interpretation

    3.    Proof of contents of documents; primary and secondary evidence defined

    4.    Notice to produce

    5.    Proof of signature and handwriting in certain circumstances

    6.    Comparison of signature, writing or seal with others

    7.    Public documents and private documents

    8.    Certified copies of public documents

    9.    Proof of public documents

    10.    Evidence of certain United Kingdom Acts and proclamations, etc.

    11.    Presumption as to genuineness of certified copy

    12.    Presumption as to documents produced as record of evidence

    13.    Presumption as to Gazettes, newspapers, private Acts, etc.

    14.    Presumption as to maps or plans made by authority of Government

    15.    Presumption as to collections of laws and reports of decisions

    16.    Presumption as to due executions, etc., of documents not produced

    17.    Presumption as to documents twenty years old

    18.    Presumption as to certain books

    19.    Presumption as to telegraphic messages

    20.    Presumption as to powers of attorney

    21.    Presumptions as to certified copies of foreign judicial records

    22.    Private documents executed outside Malawi

    23.    Proof of execution of documents required by law to be attested

    24.    Evidence of terms of contracts, grants, etc., reduced to form of a document

    25.    Exclusion of evidence of oral agreement

    26.    Exclusion…