Criminal Procedure Code at Malawi
Malawi's criminal justice system is governed by the Criminal Procedure and Evidence Code, established by Act No. 36 of 1967 and effective from 1 February 1968. This comprehensive legal framework outlines procedures for criminal investigations, trials, and appeals, ensuring the protection of rights and the administration of justice. (Criminal Procedure and Evidence Code - MalawiLII)
⚖️ Key Features of the Code
1. Arrest and Detention
The Code specifies conditions under which individuals may be arrested, with particular attention to the necessity of warrants for non-arrestable offences.
It outlines procedures for the detention of individuals, ensuring that detention is lawful and subject to judicial oversight.
2. Bail and Remand
Section 119 of the Code addresses the conditions under which bail may be granted, including the execution of a bond and the possibility of imposing additional conditions to ensure the accused's attendance at trial.
Section 267 allows courts to remand accused individuals for a reasonable time, not exceeding fifteen days at any one time, if necessary for the completion of investigations or other proceedings. (Criminal Procedure and Evidence Code - MalawiLII)
3. Preliminary Inquiry and Committal
The Code provides for preliminary inquiries to determine whether there is sufficient evidence to commit an accused person for trial in a higher court.
It outlines the procedures for committal, including the framing of charges and the rights of the accused during this process. (Criminal Procedure and Evidence Code - MalawiLII)
4. Trial Procedures
The Code details the conduct of trials, including the presentation of evidence, examination of witnesses, and the rights of the accused to a fair trial.
It specifies the roles of judges, prosecutors, and defense counsel, ensuring a balanced and impartial trial process.
5. Evidence and Admissibility
Sections 171 to 173 address the relevancy and admissibility of evidence, providing guidelines on what constitutes relevant evidence and the conditions under which it may be admitted in court.
Section 190 outlines the role of expert witnesses and the circumstances under which their opinions may be considered.
6. Appeals and Post-Conviction Procedures
The Code provides mechanisms for appealing convictions and sentences, ensuring that individuals have access to higher courts for review.
It also outlines procedures for post-conviction matters, including the setting aside of convictions in certain circumstances.
📚 Accessing the Full Text
The full and consolidated text of the Criminal Procedure and Evidence Code is available in English on the Malawi Legal Information Institute (MalawiLII) website:
🔗 Criminal Procedure and Evidence Code – MalawiLII
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