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[a25y2004] CRIMINAL PROCEDURE ACT 25 OF 2004[ASSENTED TO: 9 DECEMBER 2004] [DATE OF COMMENCEMENT: TO BEPROCLAIMED](Signed by the President)ACTTo make provision for procedures and related matters in criminal proceedings.ARRANGEMENT OF SECTIONSCHAPTER 1PRELIMINARY1 DefinitionsCHAPTER 2PROSECUTING AUTHORITY2 Authority to prosecute vests in State3 Delegation of authority to prosecute4 Power to withdraw charge or stop prosecution5 Private prosecution on certificate nolle prosequi6 Private prosecution under statutory right7 Security by private prosecutor 8 Private prosecution in name of private prosecutor 9 Failure of private prosecutor to appear 10 Mode of conducting private prosecution11 Prosecutor-General may intervene in private prosecution12 Costs in respect of process13 Costs of private prosecution14 Costs of accused in private prosecution15 Taxation of costs16 Prescription of right to institute prosecutionCHAPTER 3LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINALPROCEEDINGS17 Legal representation of accused18 Legal representation of victimCHAPTER 4SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE ANDDISPOSAL OF PROPERTY CONNECTED WITH OFFENCES19 Saving as to certain powers conferred by other laws20 State may seize certain articles21 Article to be seized under search warrant22 Circumstances in which article may be seized without search warrant23 Search of arrested person and seizure of article24 Search of premises25 Power of police to enter premises in connection with State security or anyoffence26 Entering of premises for purposes of obtaining evidence27 Resistance against entry or search28 Wrongful search an offence, and award of compensation29 Search to be conducted in decent and orderly manner 30 Disposal by member of police of article after seizure31 Disposal of article where no criminal proceedings are instituted or where it is notrequired for criminal proceedings
 
32 Disposal of article where criminal proceedings are instituted and admission of guilt fine is paid33 Article to be transferred to court for purposes of trial34 Disposal of article after commencement of criminal proceedings35 Forfeiture of article to State36 Disposal of article concerned in an offence committed outside NamibiaCHAPTER 5QUESTIONING OF CERTAIN PERSONS IN CONNECTION WITH CRIME,ASCERTAINMENT OF BODILY FEATURES OF ACCUSED AND VICTIM IMPACTSTATEMENT37 Power and duty of police to question certain persons in connection with crime,and warning explanations to be given in respect thereof 38 Powers in respect of prints and bodily appearance of accused39 Victim impact statementCHAPTER 6METHODS OF SECURING ATTENDANCE OF ACCUSED IN COURT40 Methods of securing attendance of accused in courtCHAPTER 7ARREST41 Manner and effect of arrest42 Arrest by peace officer without warrant43 Name and address of certain persons and power of arrest by peace officer without warrant44 Arrest by private person without warrant45 Warrant of arrest may be issued by district magistrate or justice of the peace46 Execution of warrants47 Arrest on facsimile or telegraphic authority48 Non-liability for wrongful arrest49 Private persons to assist in arrest when called upon50 Breaking open premises for purpose of arrest51 Use of force in effecting arrest52 Procedure after arrest53 Escaping and aiding escaping before incarceration and from police-cells andlockups54 Saving of other powers of arrest55 Saving of civil rights and liabilitiesCHAPTER 8SUMMONS56 Summons as method of securing attendance of accused in magistrate's court57 Failure of accused to appear on summonsCHAPTER 9WRITTEN NOTICE TO APPEAR IN COURT58 Written notice as method of securing attendance of accused in magistrate'scourtCHAPTER 10ADMISSION OF GUILT FINE59 Admission of guilt and payment of fine without appearance in court60 Admission of guilt and payment of fine after appearing in courtCHAPTER 11BAIL61 Effect of bail
 
62 Bail before first appearance of accused in magistrate's court63 Bail application of accused in court64 Rights of complainant in bail application where accused is charged with rape or a domestic violence offence65 Addition of further conditions of bail66 Amendment of conditions of bail67 Proceedings with regard to bail and conditions to be recorded in full68 Appeal to High Court with regard to bail69 Appeal by Prosecutor-General against decision of court to release accused onbail70 Failure by accused to observe condition of bail71 Failure of accused on bail to appear 72 Criminal liability of person who is on bail because of failure to appear or tocomply with condition of bail73 Cancellation of bail74 Cancellation of bail at request of accused75 Payment of bail money by person other than accused76 Remission of bail money77 Juvenile may be placed in place of safety instead of release on bail or detentionin custodyCHAPTER 12RELEASE ON WARNING78 Accused may be released on warning instead of bail79 Cancellation of release on warningCHAPTER 13ASSISTANCE TO ACCUSED80 Accused entitled to assistance after arrest and at criminal proceedings81 Parent or guardian of accused under 18 years to attend proceedingsCHAPTER 14SUMMARY TRIAL82 Summary trial and court of trial83 Charge sheet and proof of record of criminal caseCHAPTER 15ACCUSED: CAPACITY TO UNDERSTAND PROCEEDINGS: MENTAL ILLNESS ANDCRIMINAL RESPONSIBILITY84 Capacity of accused to understand proceedings85 Mental illness or mental defect and criminal responsibility86 Panel for purposes of enquiry and report under sections 84 and 85CHAPTER 16THE CHARGE87 Accused entitled to copy of charge sheet88 Joinder of charges89 Several charges to be disposed of by same court90 Charge where it is doubtful which offence committed91 Essentials of charge92 Objection to charge93 Court may order that charge be amended94 Court may order delivery of particulars95 Defect in charge cured by evidence96 Previous conviction not to be alleged in charge
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