Law of criminal

procedure
Jurisdiction
Legislation
• Subordinates Courts order as amended by Act 6/1998
• Criminal Procedure & Evidence Act 9/1981
• 1993 Constitution of Lesotho
• High Court Act 5 1978
• Court of Appeal Act 10/1978
Criminal jurisdiction
• Jurisdiction refers to the choice of forum where criminal
proceedings are brought
• Jurisdictions is defined as the choice and competence of a
court to determine a legal dispute
• Lansdown & Campbell says jurisdiction indicates the restricted
power of a court to determine a criminal charge brought
before it.
Criminal jurisdiction
• Because courts are creatures of statute the choice of forum is
determined by the statute creating that particulars court
- Generally the choice of forum is determined by four factors…
a) Territorial jurisdictions(Geographical, area)
b) Nature of the crime (treason, murder, chicken theft)
c) The nature of the punishment
d) The forum of the proceedings that are brought by the parties
(bail application, Preparatory Examination)
Territorial Jurisdictions
• It is desirable that an offence should be tried within the
locality in which it is committed. We have 10 districts and 10
magistrate courts.
• When a matter is dealt with in the area where the offence was
committed and the accused is punished.
-justice is not only done but seen to be done in the presence of
the community that is affected by the crime
- This also assists with deterrence to deter the commission of
similar crime in the area and prevents the community from
taking the law into their own hands
- It is more likely that the witnesses will be available and costs
would not be increased to ferry them from A to B.
- Costs for possible inspections in loco will be reduced
Territorial Jurisdictions
• Section 60 of the Subordinate Courts Order,1988 as amended
by Act 6/1998 provides for Local Limits of Jurisdiction in
respect of crimes.
• s60(1) any person charged with any offence committed within
any administrative district shall be tried in that administrative
district.
• S60(1) the High Court may order transfer of any criminal case
for trial from the district in which the offence was committed
to any other district.
Territorial Jurisdictions
• Section 119 (1) constitution provides that there shall be a High
Court which shall unlimited original jurisdictions to hear and
determine any criminal proceedings but within Lesotho.
• Section 7 Court of Appeal Act provides that Any person may
appeal to the Court of Appeal on any matter.
• Extra territorial PLEASE READ
SOLE V THE CROWN LAC [2000-2004] 621-4
• WE WILL DISCUSS THE DECISION AND THE RATIONALE
THEREAT.
Nature of the offence
• Subordinates court:
Section 59 of the subordinate courts Order provides…
The court shall have jurisdiction over all offences except treason,
murder and sedition
• High court has unlimited jurisdiction
• Court of Appeal has unlimited appellate jurisdiction
Nature of punishment
• Section 61 of the subordinate courts order 1988 as
amended by section 4 of the Act 6/1998…
• The different magistrates as provided for under that
section in different severity.
-for example Chief Magistrate can punish and convict for
25 years to 50 000 fine.
-3rd class magistrate can punish up to 6 years and 2200
fine.
- The high court has unlimited powers to punish
including death penalty but no whipping.
• The court appeal has unlimited powers.
Form of proceedings
• Application for bail, Preparatory Examination, review and appeal each
proceedings will be made in different forums.
• Section 92 of the CP & E provides that the High court can conduct a trial
by committal after a Preparatory Examination.
• Section 144 CP & E provides that summary trial can be conducted at the
high court if directed by the DPP.
• Section 8 and 72 of the High Court Act provide for all appeals to the High
court from the subordinate courts.
• Section 78 & 66 provides that the High Court can review all subordinate
court decisions.
• The court of appeal has only an appellate jurisdiction and can review bail
applications held at the High court.
• READ Bolofo and others V DPP LAC [1995-9] 23
Mosoue v Judge of the High Court, Leslii C.A April 2008
Letsie v DPP LAC [1990-4] 246
Court without jurisdiction
• Section 162 (2) (e) of the CP & E- an accused is entitled to
plead lack of jurisdiction
• Plea from the accused has to be made before
arraignment(prosecution) otherwise accused shall be deemed
to have acknowledged courts jurisdiction
• Where such a plea is made court to satisfy itself that it has
jurisdiction.
• If it does not have jurisdiction accused is not discharged, the
court adjourns and transfers matter to the court having
jurisdiction.
• If court has jurisdiction by reason of special circumstances in
that matter, the charge sheet must specify the special
circumstances.
• The crown bears the onus of proving jurisdiction since it is