RESTRICTION AND SECURITY ORDERS: SUBSIDIARY LEGISLATION
RESTRICTION AND SECURITY ORDERS RULES
under s. 20
G.N. 148/1954
22/1963 166/1967
These Rules may be cited as the Restriction and Security Orders Rules.
2. Certificate of conviction and recommendation of order
The form of certificate to be used by a court certifying a conviction and recommending the making of a restriction order or security order under section 3 or 4 of the Act shall be as in Form I in the Schedule with such variations as the circumstances may require.
(1) A notice under section 6 of the Act shall be in the form set out in Form II of the Schedule with such variations as circumstances may require.
(2) An application to a judge or magistrate for a warrant to issue under section 6 (2) of the Act may be made orally and ex parte to the judge or magistrate in chambers and shall be supported by evidence on oath or affidavit.
4. Restriction or security order
A restriction order or security order, made by the Minister under section 3 or 4 of the Act, may be made in such one of Forms III, IV, V or VI, in the said Schedule, as shall be appropriate to the case, with such variations as the circumstances may require.
5. Procedure in proceedings under section 7
Cap 8:01
(1) Subject to the Act and these Rules, section 127, 128, 129, 130, 132, 194, 195, 196, 200, 203, 204, 205, 220, 221, and 222 of the Criminal Procedure and Evidence Code and the specified rules shall, mutatis mutandis, and to the extent that they can conveniently be applied, regulate the procedure in the proceedings under section 7 of the Act, whether such proceedings be before a judge or a magistrate; and any judge or magistrate in any proceedings under the Act shall have all such powers as to compelling attendance of witnesses and production of documents and the taking of evidence as he would have under the Criminal Procedure and Evidence Code:
Provided that references in the said sections to acquittal, conviction or sentence shall be deemed to be references to the report required to be made to the Minister under section 7 (2) of the Act.
(2) The “specified rules” shall mean any rules made under section 245 of the Criminal Procedure and Evidence Code re- lating to the method of proving a previous conviction or acquittal, fingerprints, palmprints, footprints, records, statistics, photographs or other documents.
SCHEDULE
FORM I
(Section 3 or 4)
In the Court of the …………………………………………………………………… at ……………………………………………………………………..
Criminal Case No. ……………………………….. of 19 ….
The Republic versus ……………………………………
Certificate and recommendation for a Restriction Order or Security Order* under section 3 (or section 4†) of the Restriction and Security Orders Act.
I, ……………………………………., Judge/magistrate of ………………………. Court at ………………………………. hereby certify that on the ………………….. day of ………………………………………, 19 ………….., ……………………………. was convicted by this Court of the offence of …………………………………. under section …………………….. of the Penal Code (or other Act), being an offence punishable with imprisonment otherwise than only in default of payment of a fine and was sentenced to‡ ……………………………….
And I recommend that a Restriction Order or Security Order* should be made in the case of the said person in addition to / in lieu of* the said sentence.
Dated at ……………….. this …………………. day of ………………. 19 …..
………………………………..
Judge / magistrate*Strike out words not required or applicable.*† Strike out section not required.*‡ Omit these words if no sentence was imposed.
FORM II
THE RESTRICTION AND SECURITY ORDERS ACT
(Section 6)
In the High Court of Malawi at …………………. (or in the Subordinate Court of the Resident Magistrate/………………….. Grade* at ……………………….).
Miscellaneous Criminal Application No ……………………. of 19 ………
IN THE MATTER OF THE RESTRICTION AND SECURITY ORDERS ACT
and
In The Matter of ………………………………………….. †
Notice to Person to be Charged Before a Judge or Magistrate.
Take Notice that the ……………………………. Court at ………………….. will be moved on the …………………. day of ………………………….. 19…., at ………………………. o’clock in the …………………………….. noon, or as soon thereafter as Counsel can be heard, by (or on behalf of) the Minister (or by Counsel for …………………………. of ………………………….) that a report to the Minister under section 7 (2) of the above Act be made with a recommendation that a Restriction Order or a Security Order or both such Orders should be made against you pursuant to the said Act on the grounds that you are an undesirable person within the meaning of the said Act. Particulars as to the nature of the facts alleged against you are appended (or contained in the Affidavit of …………………………………
Members-only content
Continue reading this exclusive content by subscribing to one of our membership plans.