Law of criminal procedure

1. INTRODUCTION
 SCOPE AND CONTENT OF CRIMINAL
PROCEDURE
• Substantive criminal law sets out the various human acts which have been
criminalized offences. Criminal procedure lays down the methods or ways by
which criminal justice is administered.
• In essence this means what is the procedure when a criminal offence has occurred.
The following are pre-determined stages;
a) The instruments of law enforcement have to arrest or search a suspect.
b) Commencement of prosecution( laying the charge)
c) Right to Bail
d) Trial (Pleadings, Preparatory examination ,evidence)
e) Judgement
f) Sentencing (compensation)
g) Appeal
It s important to emphasize that all these stages have to be in compliance with the
Constitution of Lesotho 1993, Criminal Procedure and Evidence Act 1981 and
international human rights instruments in order to promote the right to a fair trail.
 SCOPE AND CONTENT OF CRIMINAL
PROCEDURE
• Sections 12 of the Bill of Rights Chapter II, Lesotho
Constitution entrenches the right to a fair trial and forms
the basis for criminal justice in Lesotho. The section has
14 detailed sub-sections (please read them).
• It is with the precepts of the constitution that we have
to align with. Section 12 presupposes innocence until
proven guilty, it is with that where procedural law in
terms of criminal offences where we commence. No
man should be trialled and sentenced without being
afforded a fair hearing.
 Criminal procedure in the context of Human
Rights
• The observance of human rights in a criminal justice system is
one of the yardsticks in measuring democracy. The rights that
an accused person has are categorized into pre-trial rights, trial
rights as well as post trial rights.
• Human rights are rights which are essential for human survival.
They include physical security, liberty, dignity etc.
• As stated the right to a fair trial is a basic human right and this
right is protected under a number of international instruments.
• NB: Universal Declaration of Human Rights (1948)
ICCPR (1966)
ACHPR (1981)