This Act was repealed on 2018-12-28 by Criminal Procedure Act Repeal Act, 2018.
This Act has not yet come into force.
Criminal Procedure Act, 2004
Related documents
- Is repealed by Criminal Procedure Act Repeal Act, 2018

Criminal Procedure Act, 2004
Act 25 of 2004
- Published in Government Gazette 3358 on 24 December 2004
- Assented to on 9 December 2004
- Not commenced
- [This is the version of this document from 24 December 2004 and includes any amendments published up to 11 April 2025.]
- [Repealed on 28 December 2018 by Criminal Procedure Act Repeal Act, 2018 (Act 14 of 2018)]
Chapter 1
PRELIMINARY
1. Definitions
Chapter 2
PROSECUTING AUTHORITY
2. Authority to prosecute vests in State
3. Delegation of authority to prosecute
Pursuant to Article 88(2)(d) of the Namibian Constitution, the Prosecutor-General may in writing delegate to any person employed in the Public Service, subject to the control and direction of the Prosecutor-General, authority to -4. Power to withdraw charge or stop prosecution
The Prosecutor-General or any person delegated by the Prosecutor-General under section 3 to conduct a prosecution at the instance of the State, or any body or person conducting a prosecution under section 6, may -5. Private prosecution on certificate nolle prosequi
6. Private prosecution under statutory right
7. Security by private prosecutor
8. Private prosecution in name of private prosecutor
9. Failure of private prosecutor to appear
10. Mode of conducting private prosecution
11. Prosecutor-General may intervene in private prosecution
12. Costs in respect of process
A private prosecutor, other than a prosecutor contemplated in section 6, must in respect of any process relating to the private prosecution, pay to the clerk of the court in question or the registrar the fees prescribed under the rules of court for the service or execution of such process.13. Costs of private prosecution
14. Costs of accused in private prosecution
15. Taxation of costs
16. Prescription of right to institute prosecution
Chapter 3
LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINAL PROCEEDINGS
17. Legal representation of accused
Pursuant to Article 12(1)(e) of the Namibian Constitution, an accused has the right to be represented by a legal practitioner of his or her choice before the commencement of and during his or her trial in any criminal proceedings.18. Legal representation of victim
Chapter 4
SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES
19. Saving as to certain powers conferred by other laws
This Chapter does not derogate from any power conferred by any other law to enter any premises or to search any person, container or premises or to seize any matter, to declare any matter forfeited or to dispose of any matter.20. State may seize certain articles
The State may, in accordance with this Chapter, seize anything (in this Chapter referred to as an article) -21. Article to be seized under search warrant
22. Circumstances in which article may be seized without search warrant
23. Search of arrested person and seizure of article
24. Search of premises
25. Power of police to enter premises in connection with State security or any offence
26. Entering of premises for purposes of obtaining evidence
Where a member of the police in the investigation of an offence or alleged offence reasonably suspects that a person who may furnish information with reference to any such offence is on any premises, the member of the police may without warrant enter that premises for the purpose of questioning that person and obtaining a statement from him or her, but the member of the police may not enter any private dwelling without the consent of the occupier thereof.27. Resistance against entry or search
28. Wrongful search an offence, and award of compensation
29. Search to be conducted in decent and orderly manner
30. Disposal by member of police of article after seizure
A member of the police who seizes an article referred to in section 20 or to whom any such article is under this Chapter delivered -31. Disposal of article where no criminal proceedings are instituted or where it is not required for criminal proceedings
32. Disposal of article where criminal proceedings are instituted and admission of guilt fine is paid
33. Article to be transferred to court for purposes of trial
34. Disposal of article after commencement of criminal proceedings
35. Forfeiture of article to State
36. Disposal of article concerned in an offence committed outside Namibia
Chapter 5
QUESTIONING OF CERTAIN PERSONS IN CONNECTION WITH CRIME, ASCERTAINMENT OF BODILY FEATURES OF ACCUSED AND VICTIM IMPACT STATEMENT
37. 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 accused
39. Victim impact statement
Chapter 6
METHODS OF SECURING ATTENDANCE OF ACCUSED IN COURT
40. Methods of securing attendance of accused in court
The methods of securing the attendance of an accused in court for the purposes of his or her trial are arrest, summons, written notice and indictment in accordance with the relevant provisions of this Act.Chapter 7
ARREST
41. Manner and effect of arrest
42. Arrest by peace officer without warrant
43. Name and address of certain persons and power of arrest by peace officer without warrant
44. Arrest by private person without warrant
45. Warrant of arrest may be issued by district magistrate or justice of the peace
46. Execution of warrants
A warrant of arrest issued under this Act may be executed by a peace officer, and the peace officer executing the warrant must do so in accordance with the terms thereof.47. Arrest on facsimile or telegraphic authority
48. Non-liability for wrongful arrest
49. Private persons to assist in arrest when called upon
50. Breaking open premises for purpose of arrest
51. Use of force in effecting arrest
52. Procedure after arrest
53. Escaping and aiding escaping before incarceration and from police-cells and lock-ups
54. Saving of other powers of arrest
Nothing in this Chapter contained relating to arrest is to be construed as removing or diminishing any authority expressly conferred by any other law to arrest, detain or put any restraint on any person.55. Saving of civil rights and liabilities
Subject to sections 48 and 355, nothing in this Chapter contained relating to arrest is to be construed as removing or diminishing any civil right or liability of any person in respect of a wrongful or malicious arrest.Chapter 8
SUMMONS
56. Summons as method of securing attendance of accused in magistrate’s court
57. Failure of accused to appear on summons
Chapter 9
WRITTEN NOTICE TO APPEAR IN COURT
58. Written notice as method of securing attendance of accused in district court
Chapter 10
ADMISSION OF GUILT
59. Admission of guilt and payment of fine without appearance in court
60. Admission of guilt and payment of fine after appearing in court
Chapter 11
BAIL
61. Effect of bail
The effect of bail granted in terms of the succeeding provisions is that an accused who is in custody must be released from custody on payment of, or on the furnishing of a guarantee to pay, the sum of money determined for his or her bail, and that the accused must appear at the place and on the date and at the time appointed for his or her trial or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned, and that the release must, unless sooner terminated under those provisions, endure until a verdict is given by a court in respect of the charge to which the offence in question relates, or, where sentence is not imposed immediately after verdict and the court in question extends bail, until sentence is imposed, but where a court convicts an accused of an offence contemplated in Schedule 3 or 4, the court must, in considering the question whether the accused’s bail should be extended, apply section 63(12)(a) or (b), whichever may be applicable, and take into account -62. Bail before first appearance of accused in magistrate’s court
63. Bail application of accused in court
64. Rights of complainant in bail application where accused is charged with rape or a domestic violence offence
65. Addition of further conditions of bail
66. Amendment of conditions of bail
67. Proceedings with regard to bail and conditions to be recorded in full
The court dealing with bail proceedings as contemplated in section 52(5) or that considers bail under section 63 or that imposes any further condition under section 65 or that under section 66 amends the amount of bail or amends or supplements any condition or refuses to do so, must record the relevant proceedings in full, including the conditions imposed and any amendment or supplementation thereof, or must cause such proceedings to be recorded in full, and where that court is a magistrate’s court, any document purporting to be an extract from the record of proceedings of that court and purporting to be certified as correct by the clerk of the court, and which sets out the conditions of bail and any amendment or supplementation thereof, is, on its mere production in any court in which the relevant charge is pending, prima facie proof of such conditions or any amendment or supplementation thereof.68. Appeal to High Court with regard to bail
69. Appeal by Prosecutor-General against decision of court to release accused on bail
70. Failure by accused to observe condition of bail
71. Failure of accused on bail to appear
72. Criminal liability of person who is on bail because of failure to appear or to comply with condition of bail
A person who has been released on bail and who fails without sufficient cause to appear at the place and on the date and at the time determined for his or her appearance, or to remain in attendance until the proceedings in which he or she must appear have been disposed of, or who fails without sufficient cause to comply with a condition of bail imposed by a court under section 63 or 65, including an amendment or supplementation thereof under section 66, commits an offence and is, in addition to the cancellation of the bail and the forfeiture of the bail money under section 70 or 71, liable on conviction to a fine not exceeding N$4 000 or to imprisonment for a period not exceeding one year.73. Cancellation of bail
74. Cancellation of bail at request of accused
A court before which a charge is pending in respect of which the accused has been released on bail may, on application by the accused, cancel the bail and direct that the bail money be refunded if the accused is in custody on any other charge or is serving a sentence.75. Payment of bail money by person other than accused
76. Remission of bail money
The Minister or any person employed in the Public Service acting under the Minister’s authority may remit the whole or any part of any bail money forfeited under section 70 or 71.77. Juvenile may be placed in place of safety instead of release on bail or detention in custody
If an accused under the age of 18 years is in custody in respect of an offence, and a member of the police or a court may in respect of that offence release the accused on bail under section 62 or 63, respectively, the member of the police or court may, instead of releasing the accused on bail or detaining the accused in custody, place the accused in a place of safety as defined in section 1 of the Children’s Act, 1960 (Act No. 33 of 1960), pending his or her appearance or further appearance before a court in respect of the offence in question or until he or she is otherwise dealt with in accordance with the law.Chapter 12
RELEASE ON WARNING
78. Accused may be released on warning instead of bail
79. Cancellation of release on warning
Notwithstanding section 78(4), section 73 applies with the necessary changes to an accused who has been released on warning as if that accused were released on bail.Chapter 13
ASSISTANCE TO ACCUSED
80. Accused entitled to assistance after arrest and at criminal proceedings
81. Parent or guardian of accused under 18 years to attend proceedings
Chapter 14
SUMMARY TRIAL
82. Summary trial and court of trial
83. Charge sheet and proof of record of criminal case
Chapter 15
ACCUSED: CAPACITY TO UNDERSTAND PROCEEDINGS: MENTAL ILLNESS AND CRIMINAL RESPONSIBILITY
84. Capacity of accused to understand proceedings
85. Mental illness or mental defect and criminal responsibility
86. Panel for purposes of enquiry and report under sections 84 and 85
Chapter 16
THE CHARGE
87. Accused entitled to copy of charge sheet
88. Joinder of charges
89. Several charges to be disposed of by same court
Where an accused is in the same proceedings charged with more than one offence, and any one charge is for any reason to be disposed of by a divisional court or the High Court, all the charges must be disposed of by the divisional court or the High Court in the same proceedings.90. Charge where it is doubtful which offence committed
If by reason of any uncertainty as to the facts that can be proved or if for any other reason it is doubtful which of several offences is constituted by the facts that can be proved, the accused may be charged with the commission of all or any of those offences, and any number of the charges may be tried at once, or the accused may be charged in the alternative with the commission of any number of those offences.91. Essentials of charge
92. Objection to charge
93. Court may order that charge be amended
94. Court may order delivery of particulars
95. Defect in charge cured by evidence
Where a charge is defective for want of an averment that is an essential ingredient of the offence in question, the defect is, unless brought to the notice of the court before judgment, cured by evidence at the trial proving the matter that should have been averred.96. Previous conviction not to be alleged in charge
Except where the fact of a previous conviction is an element of an offence with which an accused is charged, it may not in any charge be alleged that an accused has previously been convicted of any offence, whether in Namibia or elsewhere.97. Charge need not specify or negative exception, exemption, proviso, excuse or qualification
In criminal proceedings any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany in the same section the description of the offence in the law creating the offence, may be proved by the accused but need not be specified or negatived in the charge and, if so specified or negatived, need not be proved by the prosecution.98. Charge need not state manner or means of act
A charge need not set out the manner in which or the means or instrument by which any act was done, unless the manner, means or instrument is an essential element of the offence in question.99. Certain omissions or imperfections not to invalidate charge
100. Alibi and date of act or offence
If the defence of an accused is an alibi and the court before which the proceedings are pending is of the opinion that the accused may be prejudiced in making that defence if proof is admitted that the act or offence in question was committed on a day or at a time other than the day or time stated in the charge, the court must reject such proof notwithstanding that the day or time in question is within a period of three months before or after the day or time stated in the charge, whereupon the same consequences follow as are mentioned in paragraph (b) of section 99(2).101. Charge may allege commission of offence on divers occasions
Where it is alleged that an accused on divers occasions during any period committed an offence in respect of any particular person, the accused may be charged in one charge with the commission of that offence on divers occasions during a stated period.102. Rules applicable to particular charges
103. Naming of company, close corporation, firm or partnership in charge
A reference in a charge to a company, close corporation, firm or partnership is sufficient if the reference is to the name of the company, close corporation, firm or partnership.104. Naming of joint owners of property in charge
A reference in a charge to joint owners of property is sufficient if the reference is to one specific owner and another owner or other owners.105. Charge of murder or culpable homicide sufficient if it alleges fact of killing
It is sufficient in a charge of murder to allege that the accused unlawfully and intentionally killed the deceased, and it is sufficient in a charge of culpable homicide to allege that the accused unlawfully killed the deceased.106. Charge relating to document sufficient if it refers to document by name
107. Charge alleging theft may allege general deficiency
On a charge alleging the theft of money or property by a person entrusted with the control thereof, the charge may allege a general deficiency in a stated amount, notwithstanding that the general deficiency is made up of specific sums of money or articles or of a sum of money representing the value of specific articles, the theft of which extended over a period.108. Charge relating to false evidence
109. Charge relating to insolvency
A charge relating to insolvency need not set out any debt, act of insolvency or adjudication or any other proceeding in any court, or any order made or any warrant or document issued by or under the authority of any court.110. Charge alleging intent to defraud need not allege or prove that intent in respect of particular person or mention owner of property or set out details of deceit
In any charge in which it is necessary to allege that the accused performed an act with an intent to defraud, it is sufficient to allege and to prove that the accused performed the act with intent to defraud without alleging and proving that it was the intention of the accused to defraud any particular person, and such a charge need not mention the owner of any property involved or set out the details of any deceit.111. Reference in charge to objectionable matter not necessary
A charge of printing, publishing, manufacturing, making or producing blasphemous, seditious, obscene or defamatory matter, or of distributing, displaying, exhibiting, selling or offering or keeping for sale any obscene book, pamphlet, newspaper or other printed or written matter, is neither open to objection nor deemed insufficient on the ground that it does not set out the words thereof, but the court may order that particulars be furnished by the prosecution stating what passages in such book, pamphlet, newspaper, printing or writing are relied on in support of the charge.Chapter 17
DISCLOSURE
112. Application of Chapter, and general interpretation
113. Disclosure by prosecutor
114. Disclosure by accused
115. Failure or faults in disclosure of accused
116. Reconsideration of decision not to disclose
117. Confidentiality of disclosed information
Chapter 18
CURTAILMENT OF PROCEEDINGS: PRE-TRIAL CONFERENCES
118. Pre-trial conferences
Chapter 19
THE PLEA
119. Accused to plead to charge
The charge must be put to the accused by the prosecutor before the trial of the accused is commenced, and the accused must, subject to sections 84 and 92, be required by the court immediately to plead thereto in accordance with section 120.120. Pleas
121. Truth and publication for public benefit of defamatory matter to be specially pleaded
A person charged with the unlawful publication of defamatory matter, who sets up as a defence that the alleged defamatory matter is true and that it was for the public benefit that the matter should be published, must plead such defence specially, and may plead it with any other plea except the plea of guilty.122. Issues raised by plea to be tried
If an accused pleads a plea other than a plea of guilty, the accused is, subject to sections 128, 137 and 160(3), by such plea deemed to demand that the issues raised by the plea be tried.123. Accused refusing to plead
Where an accused in criminal proceedings refuses to plead to any charge, the court must record a plea of not guilty on behalf of the accused, and a plea so recorded has the same effect as if it had been actually pleaded.Chapter 20
JURISDICTION
124. Accused before court that has no jurisdiction
Chapter 21
PLEA OF GUILTY AT SUMMARY TRIAL
125. Plea of guilty
126. Change of plea of guilty
127. Committal by district court of accused for sentence by divisional court after plea of guilty
Chapter 22
PLEA OF NOT GUILTY AT SUMMARY TRIAL
128. Plea of not guilty and procedure in regard to issues
129. Committal of accused for trial by divisional court
130. Committal of accused for sentence by divisional court after trial in district court
131. Committal to High Court in special case
Where an accused in a magistrate’s court pleads not guilty to the offence charged against him or her and a ground of his or her defence is the alleged invalidity of any law on which the charge against him or her is founded and upon the validity of which a district court is in terms of the Magistrates’ Courts Act not competent to pronounce, the accused must, notwithstanding anything to the contrary in that Act contained, be committed for a summary trial before the High Court.132. Non-availability of judge or magistrate after plea of not guilty
Chapter 23
COMMITTAL OF ACCUSED FOR SENTENCE BY HIGH COURT AFTER CONVICTION IN DIVISIONAL COURT
133. Committal of accused for sentence by High Court after conviction in divisional court
Chapter 24
PLEA IN DISTRICT COURT ON CHARGE JUSTICIABLE IN HIGH COURT
134. Accused to plead in district court on charge to be tried in High Court
When an accused appears in a district court and the alleged offence may be tried by the High Court only or is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a district court, the prosecutor may, notwithstanding section 82, on the directions of the Prosecutor-General, whether in general or in any particular case, put the relevant charge, as well as any other charge that must in terms of section 89 be disposed of in the High Court, to the accused in the district court, and the accused must, subject to sections 84 and 92, be required by the magistrate to plead thereto immediately.135. Charge sheet and proof of record
The proceedings are commenced by the lodging of a charge sheet with the clerk of the court in question, and section 83(2) and (3) applies with the necessary changes in respect of the charge sheet and the record of the proceedings.136. Plea of guilty
137. Plea of not guilty
Chapter 25
PLEA IN DISTRICT COURT ON CHARGE TO BE TRIED IN DIVISIONAL COURT
138. Accused to plead in district court on charge to be tried in divisional court
When an accused appears in a district court and the alleged offence may be tried by a divisional court but not by a district court, or the prosecutor informs the court that he or she is of the opinion that the alleged offence is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a district court but not of the jurisdiction of a divisional court, the prosecutor may, notwithstanding section 82, put the relevant charge, as well as any other charge that must in terms of section 89 be disposed of by a divisional court, to the accused, who must, subject to sections 84 and 92, be required by the magistrate to plead thereto immediately.139. Charge sheet and proof of record
Section 135 applies with the necessary changes in respect of the proceedings under section 138 and the record of the proceedings.140. Plea of guilty
141. Plea of not guilty
Chapter 26
PREPARATORY EXAMINATION
142. Prosecutor-General may direct that preparatory examination be held
If the Prosecutor-General is of the opinion that it is necessary for the more effective administration of justice -143. Proceedings preceding holding of preparatory examination to form part of preparatory examination record
Where the Prosecutor-General acts under paragraph (a) or (b) of section 142 -144. Prosecutor-General may direct that preparatory examination be conducted at a specified place
145. Procedure to be followed by magistrate at preparatory examination
Where the Prosecutor-General directs that a preparatory examination be held against an accused, the presiding magistrate must inform the accused of the decision of the Prosecutor-General and proceed in the manner hereinafter provided to enquire into the charge against the accused.146. Recalling of witnesses after conversion of trial into preparatory examination
147. Examination of prosecution witnesses at preparatory examination
The prosecutor may, at a preparatory examination, call any witness in support of the charge to which the accused has pleaded or to testify in relation to any other offence allegedly committed by the accused.148. Recording of evidence at preparatory examination and proof of record
149. Charge to be put at conclusion of evidence for prosecution
The prosecutor must, at the conclusion of evidence in support of the charge, put to the accused such charge or charges as may arise from the evidence and which the prosecutor may prefer against the accused.150. Accused to plead to charge
The presiding magistrate must, subject to sections 84 and 92, require an accused to whom a charge is put under section 149 immediately to plead to the charge.151. Procedure after plea
152. Accused may testify at preparatory examination
An accused may, after section 151 has been complied with but subject to section 169(1)(b) that applies with the necessary changes, give evidence or make an unsworn statement in relation to a charge put to him or her under section 149, and the record of such evidence or statement must be received in evidence before any court in criminal proceedings against the accused on its mere production without further proof.153. Accused may call witnesses at preparatory examination
An accused may call any competent witness on behalf of the defence.154. Discharge of accused at conclusion of preparatory examination
As soon as a preparatory examination is concluded and the presiding magistrate is on the whole of the evidence of the opinion that no sufficient case has been made out to put the accused on trial on any charge put to the accused under section 149 or on any charge in respect of an offence of which the accused may on such charge be convicted, that magistrate may discharge the accused in respect of the charge.155. Procedure with regard to exhibits at preparatory examination
The presiding magistrate must cause every document and every article produced or identified as an exhibit by any witness at a preparatory examination to be inventoried and labelled or otherwise marked, and must cause those documents and articles to be kept in safe custody pending any trial following on the preparatory examination.156. Magistrate to transmit record of preparatory examination to Prosecutor-General
The presiding magistrate must, at the conclusion of a preparatory examination and whether or not the accused is under section 154 discharged in respect of any charge, send a copy of the record of the preparatory examination to the Prosecutor-General and, where the accused is not discharged in respect of all the charges put to him or her under section 149, adjourn the proceedings pending the decision of the Prosecutor-General.157. Preparatory examination may be continued before different magistrate
A preparatory examination may at any stage be continued by a magistrate other than the magistrate before whom the proceedings were commenced, and, if necessary, again be continued by the magistrate before whom the proceedings were commenced.158. Prosecutor-General may arraign accused for sentence or trial
After considering the record of a preparatory examination transmitted to the Prosecutor-General under section 156, the Prosecutor-General may -159. Procedure where accused arraigned for sentence
160. Procedure where accused arraigned for trial
161. Procedure where Prosecutor-General declines to prosecute
Where the Prosecutor-General under section 158(c) declines to prosecute an accused, the Prosecutor-General must inform the magistrate of the district in which the preparatory examination was held of the decision, and that magistrate must immediately have the accused released from custody or, if the accused is not in custody, inform the accused in writing of the decision of the Prosecutor-General, whereupon no criminal proceedings may again be instituted against the accused in respect of the charge in question.162. Accused may inspect preparatory examination record and is entitled to copy thereof
Chapter 27
TRIAL BEFORE HIGH COURT
163. Charge in High Court to be laid in an indictment
164. Trial in High Court by judge sitting with or without assessors
165. Reasons for decision by High Court in criminal trial
A judge presiding at a criminal trial in the High Court must -166. Death or incapacity of assessor
167. Change of venue for trial in High Court after indictment has been lodged
Chapter 28
CONDUCT OF PROCEEDINGS
168. Prosecutor may address court and adduce evidence
169. Accused may address court and adduce evidence
170. Notice of alibi
171. Notice of allegation that accused is by reason of mental illness or mental defect not criminally responsible for the offence charged
172. Notice of intention to raise certain defences
173. Notice to call expert witness
174. Criminal proceedings to be conducted in open court
Except where otherwise expressly provided by this Act or any other law, criminal proceedings in any court must take place in open court.175. Circumstances in which criminal proceedings not to take place in open court
176. Prohibition of publication of certain information relating to criminal proceedings
177. Persons implicated in same offence may be tried together
178. Persons committing separate offences at same time and place may be tried together
Any number of persons charged in respect of separate offences committed at the same place and at the same time or at about the same time, may be charged and tried together in respect of such offences if the prosecutor informs the court that evidence admissible at the trial of one of such persons will, in his or her opinion, also be admissible as evidence at the trial of any other such person or such persons.179. Joinder of accused and separation of trials
180. Criminal proceedings to take place in presence of accused
181. Circumstances in which criminal proceedings may take place in absence of accused
182. Procedure at criminal proceedings where accused is absent
183. Witness to testify orally
184. Witness to be examined under oath or affirmation
185. When unsworn or unaffirmed evidence admissible
186. Oath, affirmation or admonition may be administered by or through an interpreter or intermediary
Where the person concerned is to give his or her evidence through an interpreter or an intermediary appointed under section 193(1), the oath, affirmation or admonition under section 184 or 185 must be administered by the presiding magistrate or, in the case of the High Court, by the presiding judge or the registrar through the interpreter or intermediary or by the interpreter in the presence or under the eyes of the presiding magistrate or, in the case of the High Court, the presiding judge.187. Cross-examination and re-examination of witnesses
188. Court may examine witness or person in attendance
The court may at any stage of criminal proceedings examine any person, other than an accused, who has been subpoenaed as a witness to attend such proceedings or who is in attendance at such proceedings, and may recall and re-examine any person, including an accused, already examined at the proceedings, and the court must examine, or recall and re-examine, the person concerned if his or her evidence appears to the court essential to the just decision of the case.189. Special arrangements for vulnerable witnesses
190. Court may adjourn proceedings to any date
A court before which criminal proceedings are pending may from time to time during such proceedings, if the court considers it necessary or expedient, adjourn the proceedings to any date on the terms which to the court may seem proper and which are not inconsistent with this Act.191. Court may adjourn proceedings to any place
A court before which criminal proceedings are pending may from time to time during such proceedings, if the court considers it necessary or expedient that the proceedings be continued at any place within its area of jurisdiction other than the one where the court is sitting, adjourn the proceedings to such other place, or, if the court with reference to any circumstance relevant to the proceedings considers it necessary or expedient that the proceedings be adjourned to a place other than the place at which the court is sitting, adjourn the proceedings, on the terms which to the court may seem proper, to any such place, whether within or outside the area of jurisdiction of that court, for the purpose of performing at such place any function of the court relevant to such circumstance.192. Failure of accused to appear after adjournment or to remain in attendance
193. Evidence through intermediaries
194. Evidence on commission
195. Parties may examine witness
Any party to proceedings in which a commission is issued under section 194, may -196. Evidence on commission part of court record
The magistrate must return the evidence in question to the court that issued the commission, and such evidence must be open to the inspection of the parties to the proceedings and forms, in so far as it is admissible as evidence in such proceedings, part of the record of that court.197. Accused may be discharged at close of case for prosecution
If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which the accused may be convicted on the charge, it may return a verdict of not guilty.198. Prosecution and defence may address court at conclusion of evidence
199. Judgment may be corrected
200. Court may defer final decision
The court may at criminal proceedings defer its reasons for any decision on any question raised at such proceedings, and the reasons so deferred are, when given, deemed to have been given at the time of the proceedings.201. Arrest of person committing offence in court and removal from court of person disturbing proceedings
Chapter 29
WITNESSES
202. Process for securing attendance of witness
203. Service of subpoena
204. Pre-payment of witness expenses
Where a subpoena is served on a witness at a place outside the magisterial district from which the subpoena is issued, or, in the case of the High Court, at a place outside the magisterial district in which the proceedings at which the witness is to appear are to take place, and the witness is required to travel from that place to the court in question, the necessary expenses to travel to and from that court and of sojourn at the court in question must, on demand, be paid to the witness at the time of service of the subpoena.205. Witness from prison
A prisoner who is in a prison may be subpoenaed as a witness only if the court before which the prisoner is to appear as a witness authorizes that the prisoner be subpoenaed as a witness, and the court may give such authority only if it is satisfied that the evidence in question is reasonably necessary and material and that the public safety or order will not be endangered by the calling of the witness.206. Witness to keep police informed of whereabouts
207. Witness about to abscond and witness evading service of subpoena
208. Protection of witness
209. Court may subpoena witness
The court may at any stage of criminal proceedings subpoena or cause to be subpoenaed any person as a witness at such proceedings, and the court must so subpoena a witness or so cause a witness to be subpoenaed if the evidence of the witness appears to the court essential to the just decision of the case.210. Witness to attend proceedings and to remain in attendance
211. Failure by witness to attend or to remain in attendance
212. Powers of court with regard to recalcitrant witness
213. Impeachment or support of credibility of witness
214. Payment of expenses of witness
215. Witness services
216. Every witness competent and compellable unless expressly excluded
Every person not expressly excluded by this Act from giving evidence is, subject to Article 12(1)(f) of the Namibian Constitution and section 231 of this Act, competent and compellable to give evidence in criminal proceedings.217. Court to decide on competency of witness
The court in which criminal proceedings are conducted must decide any question concerning the competency or compellability of a witness to give evidence.218. Incompetency due to state of mind
No person appearing or proved to be afflicted with mental illness or to be labouring under any imbecility of mind due to intoxication or drugs or the like, and who is thereby deprived of the proper use of his or her reason, is competent to give evidence while so afflicted or disabled.219. Evidence for prosecution by spouse of accused
The spouse of an accused is competent but not compellable to give evidence for the prosecution in criminal proceedings.220. Evidence for defence by accused and spouse of accused
221. Accused to give evidence on oath or affirmation
An accused may not make an unsworn statement at his or her trial in place of evidence but must, if he or she wishes to give evidence, do so on oath or affirmation.222. Privileges of accused when giving evidence
An accused who gives evidence at criminal proceedings may not be asked or required to answer any question tending to show that the accused has committed or has been convicted of or has been charged with any offence other than the offence with which he or she is charged, or that the accused is of bad character, unless -223. Privilege arising out of marital status
224. No witness compelled to answer question that the witness’s spouse may decline
No person is at criminal proceedings compelled to answer any question or to give any evidence, if the question or evidence is such that under the circumstances the spouse of that person, if under examination as a witness, may lawfully refuse and cannot be compelled to answer or to give it.225. Witness not excused from answer establishing civil liability on the witness’s part
Notwithstanding section 228, a witness in criminal proceedings may not refuse to answer any question relevant to the issue by reason only that the answer establishes or may establish a civil liability on his or her part.226. Privilege of legal practitioner
No legal practitioner is competent, without the consent of the person concerned, to give evidence at criminal proceedings against a person by whom he or she is professionally engaged or consulted as to any fact, matter or thing with regard to which the legal practitioner would not in terms of the law in force immediately before 21 March 1990, by reason of such engagement or consultation, have been competent to give evidence without such consent, but the legal practitioner is competent and compellable to give evidence as to any fact, matter or thing that relates to or is connected with the commission of any offence with which the person by whom the legal practitioner is professionally engaged or consulted, is charged, if such fact, matter or thing came to the knowledge of the legal practitioner before he or she was professionally engaged or consulted with reference to the defence of the person concerned.227. Privilege from disclosure on ground of public policy or public interest
Except as provided by this Act and subject to any other law, no witness in criminal proceedings is compellable or permitted to give evidence as to any fact, matter or thing or as to any communication made to or by that witness, if that witness would in terms of the law in force immediately before 21 March 1990 not have been compellable or permitted to give evidence with regard to such fact, matter or thing or communication by reason that it should not, on account of public policy or having regard to public interest, be disclosed, and that it is privileged from disclosure, but a person may in criminal proceedings adduce evidence of any communication alleging the commission of an offence, if the making of that communication prima facie constitutes an offence, and the judge or magistrate presiding at the criminal proceedings may determine whether the making of such communication prima facie does or does not constitute an offence.228. Witness excused from answering incriminating question
No witness in criminal proceedings is compelled to answer any question that the witness is pursuant to Article 12(1)(f) of the Namibian Constitution not compelled to answer.229. Incriminating evidence by witness for prosecution
230. Judge or magistrate may take evidence as to alleged offence
231. The law in cases not provided for
The law as to the competency, compellability or privilege of witnesses that was in force in respect of criminal proceedings immediately before 21 March 1990 applies, to the extent that such law does not conflict with the Namibian Constitution, in any case not expressly provided for by this Act or any other law.232. Saving of special provisions in other laws
Nothing in this Chapter contained is to be construed as modifying any provision of any other law whereby in any criminal proceedings referred to in such other law a person is deemed a competent witness.Chapter 30
EVIDENCE
233. Conviction may follow on evidence of single witness
234. Conviction may follow on confession by accused
An accused may be convicted of any offence on the single evidence of a confession by that accused that he or she committed the offence in question, if such confession is confirmed in a material respect or, where the confession is not so confirmed, if the offence is proved by evidence, other than such confession, to have been actually committed.235. Irrelevant evidence inadmissible
No evidence as to any fact, matter or thing is admissible which is irrelevant or immaterial and which cannot conduce to prove or disprove any point or fact at issue in criminal proceedings.236. Evidence during criminal proceedings of previous convictions
Except where otherwise expressly provided by this Act or any other law or except where the fact of a previous conviction is an element of an offence with which an accused is charged, evidence is not admissible at criminal proceedings in respect of an offence to prove that an accused at such proceedings had previously been convicted of an offence, whether in Namibia or elsewhere, and no accused, if called as a witness, may be asked whether he or she has been so convicted.237. Evidence during criminal proceedings of similar offences by accused
238. Proof of certain facts by affidavit or certificate
239. Proof of certain facts by affidavit from person in foreign country
240. Proof of undisputed facts
241. Proof of written statement by consent
242. Evidence recorded at preparatory examination admissible at trial in certain circumstances
The evidence of a witness recorded at a preparatory examination -243. Evidence recorded at former trial admissible at later trial in certain circumstances
The evidence of a witness given at a former trial may, in the circumstances referred to in section 242, with the necessary changes be admitted in evidence at any later trial of the same person on the same charge.244. Hearsay evidence
245. Admissibility of certain statements made by young children
246. Admissibility of confession by accused
247. Admissibility of facts discovered by means of inadmissible confession
248. Confession not admissible against another
No confession made by any person is admissible as evidence against another person.249. Admissibility of admission by accused
250. Admissions in court
An accused or his or her legal practitioner or the prosecutor may in criminal proceedings admit any fact placed in issue at such proceedings, and any such admission is sufficient proof of that fact.251. Admissibility of certain trade or business records
252. Admissibility of, and weight to be attached to, documentary evidence as to facts in issue
253. Admissibility of dying declaration
Without derogating from section 244(2)(c), the declaration made by a deceased person is admissible in evidence at criminal proceedings if such a declaration -254. Judicial notice of laws and other published matter
Judicial notice must in criminal proceedings be taken of any law or any matter published in a publication that purports to be the Gazette.255. Evidence of prints or bodily appearance of accused
256. Evidence of no sexual intercourse between spouses admissible
For the purposes of rebutting the presumption that a child to whom a married woman has given birth is the offspring of her husband, that woman or her husband or both of them may in criminal proceedings give evidence that they had no sexual intercourse with one another during the period when the child was conceived.257. Evidence of character
Evidence as to the character of an accused is admissible or inadmissible if such evidence would have been admissible or inadmissible in terms of the law in force immediately before 21 March 1990.258. Evidence of sexual conduct or experience of complainant of rape or offence of an indecent nature
259. Evidence of disputed writing
Comparison at criminal proceedings of a disputed writing with any writing proved to be genuine, may be made by a witness, and such writings and the evidence of any witness with respect thereto, may be submitted as proof of the genuineness or otherwise of the writing in dispute.260. Evidence of times of sunrise and sunset
261. Evidence and sufficiency of evidence of appointment to public office
Any evidence that in terms of the law in force immediately before 21 March 1990 -262. Evidence of signature of public officer
A document -263. Article may be proved in evidence by means of photograph thereof
264. Proof of public documents
265. Proof of official documents
266. Proof of judicial proceedings
267. Proof of entries in accounting records and documentation of banking institutions
268. Proof of entries in accounting records and documentation of banking institutions in countries outside Namibia
269. Evidence on charge of bigamy
270. Evidence of relationship on charge of incest
271. Evidence on charge of infanticide or concealment of birth
272. Evidence on charge of receiving stolen property
273. Evidence on charge of defamation
If at criminal proceedings at which an accused is charged with the unlawful publication of defamatory matter that is contained in a periodical, it is proved that such periodical or the part in which such defamatory matter is contained, was published by the accused, other writings or prints purporting to be other numbers or parts of the same periodical, previously or subsequently published, and containing a printed statement that they were published by or for the accused, are admissible in evidence without further proof of their publication.274. Evidence of receipt of money or property and general deficiency on charge of theft
275. Evidence on charge of which false representation is an element
If at criminal proceedings at which an accused is charged with an offence of which a false representation is an element, it is proved that the false representation was made by the accused, the accused is deemed, in the absence of evidence to the contrary, to have made that representation knowing it to be false.276. Presumptions relating to certain documents
Any document, including any book, pamphlet, letter, circular letter, list, record, placard or poster, which was at any time on premises occupied by any association of persons, incorporated or unincorporated, or in the possession or under the control of any office-bearer, officer or member of such association, and -277. Presumptions relating to absence from Namibia of certain persons
Any document, including any newspaper, periodical, book, pamphlet, letter, circular letter, list, record placard or poster, on the face whereof it appears that a person of a name corresponding to that of an accused person has at any particular time been outside Namibia or has at any particular time made a statement outside Namibia, is, on the mere production thereof by the prosecution at criminal proceedings, prima facie proof that the accused was outside Namibia at such time or that the accused made such statement outside Namibia at such time, if such document is accompanied by a certificate purporting to have been signed by the Permanent Secretary: Foreign Affairs to the effect that he or she is satisfied that such document is of foreign origin.278. Presumption that accused possessed particular qualification or acted in particular capacity
279. Presumption of failure to pay tax or to furnish information relating to tax
When an accused is at criminal proceedings charged with any offence of which the failure to pay any tax or impost to the State, or of which the failure to furnish any official in the employment of the State with any information relating to any tax or impost that is or may be due to the State, is an element, the accused is deemed, in the absence of evidence to the contrary, to have failed to pay such tax or impost or to furnish such information.280. Presumption of lack of authority
281. Unstamped instrument admissible in criminal proceedings
An instrument liable to stamp duty may not be held inadmissible at criminal proceedings on the ground only that it is not stamped as required by law.282. Use of traps and undercover operations and admissibility of evidence so obtained
283. The law in cases not provided for
The law as to the admissibility of evidence that was in force in respect of criminal proceedings immediately before 21 March 1990 applies, to the extent that such law does not conflict with the Namibian Constitution, in any case not expressly provided for by this Act or any other law.284. Saving of special provisions in other laws
Nothing in this Chapter contained is to be construed as modifying any provision of any other law whereby in any criminal proceedings referred to in such other law certain specified facts and circumstances are deemed to be evidence or a particular fact or circumstance may be proved in a manner specified therein.Chapter 31
CONVERSION OF TRIAL INTO ENQUIRY
285. Court may refer juvenile accused to children’s court
Chapter 32
COMPETENT VERDICTS
286. Attempt
If the evidence in criminal proceedings does not prove the commission of the offence charged but proves an attempt to commit that offence or an attempt to commit any other offence of which an accused may be convicted on the offence charged, the accused may be found guilty of an attempt to commit that offence or such other offence.287. Accessory after the fact
If the evidence in criminal proceedings does not prove the commission of the offence charged but proves that the accused is guilty as an accessory after that offence or any other offence of which the accused may be convicted on the offence charged, the accused may be found guilty as an accessory after that offence or such other offence, and is, in the absence of any punishment expressly provided by law, liable to punishment at the discretion of the court, but such punishment may not exceed the punishment that may be imposed in respect of the offence with reference to which the accused is convicted as an accessory.288. Murder and attempted murder
If the evidence on a charge of murder or attempted murder does not prove the offence of murder or attempted murder but -289. Culpable homicide
If the evidence on a charge of culpable homicide does not prove the offence of culpable homicide but -290. Robbery
If the evidence on a charge of robbery or attempted robbery does not prove the offence of robbery or attempted robbery but -291. Rape and indecent assault
292. Housebreaking with intent to commit an offence
293. Statutory offence of breaking and entering or of entering premises
294. Theft
295. Receiving stolen property knowing it to have been stolen
If the evidence on a charge of receiving stolen property knowing it to have been stolen does not prove that offence but -296. Assault with intent to do grievous bodily harm
If the evidence on a charge of assault with intent to do grievous bodily harm does not prove the offence of assault with intent to do grievous bodily harm but the offence of -297. Common assault
If the evidence on a charge of common assault proves the offence of indecent assault, the accused may be found guilty of indecent assault, or, if the evidence on such a charge does not prove the offence of common assault but the offence of pointing a firearm, air gun or air pistol in contravention of any law, the accused may be found guilty of that offence.298. Statutory offence of committing a sexual act or of unlawful carnal intercourse
If the evidence on a charge of committing a sexual act or attempting to commit a sexual act, other than rape under a statute, or of unlawful carnal intercourse or attempted unlawful carnal intercourse with another person in contravention of any statute does not prove that offence but -299. Sodomy
If the evidence on a charge of sodomy or attempted sodomy does not prove the offence of sodomy or attempted sodomy but the offence of indecent assault or common assault, the accused may be found guilty of the offence so proved.300. Offences not specified in this Chapter
If the evidence on a charge for an offence not mentioned in the preceding sections of this Chapter does not prove the commission of the offence so charged but proves the commission of an offence which by reason of the essential elements of that offence is included in the offence so charged, the accused may be found guilty of the offence so proved.301. Acts committed under influence of certain substances
Chapter 33
PREVIOUS CONVICTIONS
302. Previous convictions may be proved
303. Fingerprint record prima facie evidence of previous conviction
When a previous conviction may be proved under this Act, a record, photograph or document that relates to a fingerprint and that purports to emanate from the officer commanding the Criminal Record Centre or, in the case of any other country, from an officer having charge of the criminal records of the country concerned, is, whether or not such record, photograph or document was obtained under any law or against the wish or the will of the person concerned, admissible in evidence at criminal proceedings on production thereof by a member of the police having the custody thereof, and is prima facie proof of the facts contained therein.304. Evidence of further particulars relating to previous conviction
When a court in criminal proceedings requires particulars or further particulars or clarification of any previous conviction admitted by or proved against an accused at such proceedings -Chapter 34
SENTENCE
305. Evidence on sentence
306. Sentence by magistrate or judge other than magistrate or judge who convicted accused
307. Nature of punishments
308. Imposition and conversion of correctional supervision
309. Minimum sentences for certain serious offences
310. Cumulative or concurrent sentences
311. Interpretation of certain provisions in laws relating to imprisonment and fines
In construing a provision of any law (not being an Act of Parliament passed on or after 21 March 1990, or anything enacted by virtue of powers conferred by such an Act), in so far as it prescribes or confers the powers to prescribe a punishment for any offence, any reference in that law -312. Antedating sentence of imprisonment
When a sentence of imprisonment, imposed on a person on conviction for an offence, is set aside on appeal or review and any sentence of imprisonment or other sentence of imprisonment is thereafter imposed on that person in respect of that offence in place of the sentence of imprisonment imposed on conviction, or any other offence that is substituted for that offence on appeal or review, the sentence that was later imposed may, if the court imposing it is satisfied that the person concerned has served any part of the sentence of imprisonment imposed on conviction, be antedated by the court to a specified date, which may not be earlier than the date on which the sentence of imprisonment imposed on conviction was imposed, and thereupon the sentence that was later imposed is deemed to have been imposed on the date so specified.313. Minimum period of imprisonment four days
No person may be sentenced by a court to imprisonment for a period of less than four days unless the sentence is that the person concerned be detained until the rising of the court.314. Periodical imprisonment
315. Declaration of certain persons as habitual criminals
316. Imprisonment in default of payment of fine
317. Recovery of fine
318. Court may enforce payment of fine
Where a person is sentenced to pay a fine without an alternative period of imprisonment, the court may, without prejudice to any other power under this Act relating to the payment of a fine, enforce payment of the fine, whether as to the whole or any part thereof -319. Manner of dealing with convicted juvenile
320. Period of supervision or custody of juveniles
A person who has been dealt with in terms of section 319 remains under the supervision under which or in the custody in which that person was placed -321. Committal to rehabilitation centre
A court convicting a person of any offence may, in addition to or instead of any sentence in respect of that offence, order that that person be detained at a rehabilitation centre established by or under any law if the court is satisfied from the evidence or from any other information placed before it, which must include a report of a probation officer or a social worker, that that person is a person who is in need of treatment provided in that rehabilitation centre, but such an order may not be made in addition to any sentence of imprisonment (whether direct or as an alternative to a fine) unless the operation of the whole of such sentence is suspended.322. Conditional or unconditional postponement or suspension of sentence, and caution or reprimand
323. Agreement on operation of suspended sentences
324. Sentence may be corrected
325. Warrant for execution of sentence
A warrant for the execution of a sentence may be issued by the judge or magistrate who passed the sentence or by any other judge or magistrate of the court in question, or, in the case of a divisional court, by any magistrate, and that warrant commits the person concerned to the prison for the magisterial district in which that person is sentenced.Chapter 35
COMPENSATION AND RESTITUTION
326. Court may award compensation or order restitution where offence caused injury, damage or loss
327. Compensation to innocent purchaser of property unlawfully obtained
Where a person is convicted of theft or any other offence whereby that person has unlawfully obtained any property, and it appears to the court on the evidence that that person sold that property or part thereof to another person who had no knowledge that the property was stolen or unlawfully obtained, the court may, on the application of the purchaser and on restitution of that property to the owner thereof, order that, out of money belonging to the convicted person taken from him or her on his or her arrest, a sum not exceeding the amount paid by the purchaser be returned to the purchaser.Chapter 36
REVIEWS AND APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN MAGISTRATES’ COURTS
328. Sentences subject to review in the ordinary course
329. Transmission of record
The clerk of the court in question must, within 30 working days after the determination of a case referred to in section 328(1)(a), forward to the registrar the record of the proceedings in the case or a copy thereof certified by such clerk, together with such written remarks as the presiding magistrate may wish to add to his or her judgment, and with any written statement or argument that the person convicted may, within 14 working days after imposition of the sentence, furnish to the clerk of the court, and the registrar must, as soon as practicable, lay the same in chambers before a judge for his or her consideration.330. Procedure on review
331. Special review before imposition of sentence
332. Accused may set down case for argument
333. Execution of sentence not suspended unless bail granted
334. Correctional supervision not suspended unless bail granted
The execution of a sentence of correctional supervision is not suspended by the transmission of the record for review in terms of section 330(4) unless the court which imposed the sentence releases the person convicted -335. Appeal from magistrate’s court by person convicted
336. Explanation of certain rights to unrepresented accused
An accused who is unrepresented at the time he or she is convicted and sentenced, must be informed by the presiding magistrate of his or her rights in respect of appeal and of the correct procedures to give effect to those rights.337. Appeal from magistrate’s court by Prosecutor-General or other prosecutor
338. Appeal from High Court to Supreme Court
339. Review or appeal and failure to comply with subsection (1)(b) or (2) of section 125
340. Institution of proceedings anew when conviction set aside on appeal or review
Section 351 applies with the necessary changes in respect of any conviction and sentence of a magistrate’s court that are set aside on appeal or review on any ground referred to in that section.341. Obtaining presence of convicted person in magistrate’s court after setting aside of sentence or order
Chapter 37
APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN HIGH COURT
342. Court of appeal in respect of High Court judgments
343. Applications for condonation, for leave to appeal and for leave to lead further evidence
344. Appeal from High Court by Prosecutor-General or other prosecutor
345. Special entry of irregularity or illegality
346. Appeal on special entry under section 345
347. Reservation of question of law
348. Report of trial judge to be furnished on appeal
The judge or judges of the High Court before whom a person was on trial for an offence must, in the case of an appeal under section 343 or 344 or of an application for a special entry under section 345 or the reservation of a question of law under section 347 or an application to the Supreme Court for leave to appeal or for a special entry under this Act, furnish to the registrar of the High Court a report giving his or her or their opinion on the case or on any point arising in the case, and such report, which forms part of the record, must immediately be transmitted by the registrar of the High Court to the registrar of the Supreme Court.349. When execution of sentence may be suspended
350. Powers of Supreme Court
351. Institution of proceedings anew when conviction set aside on appeal
When a conviction and sentence are set aside by the Supreme Court on the ground -Chapter 38
GENERAL PROVISIONS
352. Force of process
A warrant, subpoena, summons or other process relating to any criminal matter is of force throughout Namibia and may be executed anywhere within Namibia.353. Court process may be served or executed by member of police
A member of the police is, subject to the rules of court, qualified to serve or execute a subpoena or summons or other document under this Act as if he or she had been appointed deputy sheriff or deputy messenger or other like officer of the court.354. Transmission of court process by facsimile or telegraph or similar communication
A document, order or other court process that under this Act or the rules of court is required to be served or executed with reference to a person, may be transmitted by facsimile or telegraph or similar written or printed communication, and a copy of such facsimile, telegraph or communication, served or executed in the same manner as the original document, order or other court process is required to be served or executed, is of the same force and effect as if the document, order or other court process in question had itself been served or executed.355. Irregular warrant or process
A person who acts under a warrant or process that is bad in law on account of a defect in the substance or form thereof is, if he or she has no knowledge that the warrant or process is bad in law and whether or not such defect is apparent on the face of the warrant or process, exempt from liability in respect of that act as if the warrant or process were good in law.356. Prosecution of corporations and members of associations
357. Attorney-General may invoke decision of Supreme Court on question of law
When a decision in a criminal case on a question of law is given by the High Court that is in conflict with a previous decision in a criminal case on a question of law given by the High Court, the Attorney-General may submit such conflicting decisions to the Supreme Court and cause the matter to be argued before the Supreme Court in order that it may determine that question of law for the future guidance of all courts.358. Minister may declare certain persons peace officers for specific purposes
359. Person who makes statement entitled to copy thereof
When a person has in relation to any matter made to a peace officer a statement in writing or a statement that was reduced to writing, and criminal proceedings are thereafter instituted against that person in connection with that matter, the person in possession of that statement must furnish the person who made the statement, at his or her request, with a certified copy of the statement.360. Prohibition of publication of identity of persons towards or in connection with whom certain offences have been committed
361. Medical examination of minors towards or in connection with whom certain offences have been committed
362. Act or omission constituting offence under two or more laws
Where an act or omission constitutes an offence under two or more statutory provisions or is an offence under a statute and at common law, the person alleged to have committed that act or omission is, unless the contrary intention appears, liable to be prosecuted and punished under either statutory provision or under the statute or at common law, but is not liable to more than one punishment for the act or omission constituting the offence.363. Estimating age of person
If in criminal proceedings the age of a person is a relevant fact of which no or insufficient evidence is available at such proceedings, the presiding judge or magistrate may estimate the age of that person by his or her appearance or from any information that may be available, and the age so estimated is deemed to be the correct age of that person unless -364. Production of document by accused at criminal proceedings
Where a law requires a person to produce a document at criminal proceedings at which that person is an accused, and that person fails to produce that document at such proceedings, that person commits an offence, and the court may in a summary manner enquire into his or her failure to produce that document and, unless that person satisfies the court that there is a reasonable possibility that his or her failure was not due to fault on his or her part, sentence him or her to any punishment provided for in that law, or, if no punishment is so provided, to a fine not exceeding N$1 000 or to imprisonment for a period not exceeding three months.365. Removal of accused from one prison to another for purposes of attending criminal proceedings
When an accused is in custody and it becomes necessary that the accused be removed from one prison to another prison for the purpose of attending his or her trial, the magistrate of the district in which the accused is in custody must issue a warrant for the removal of the accused to such other prison.366. Prison list of unsentenced prisoners
Every head of a prison within the area for which any session or circuit of the High Court is held for the trial of criminal cases must deliver to that court, at the commencement of each such session or circuit, a list of the unsentenced prisoners who, at such commencement, have been detained within his or her prison for a period of 90 days or longer, and that list must, in respect of each such prisoner, specify the date of his or her admission to the prison, the authority for his or her detention and the cause of his or her detention.367. Compounding of certain minor offences
368. Charges for giving conflicting statements
If a person has made a statement on oath, whether orally or in writing, and that person thereafter on another oath makes another statement, whether orally or in writing, that is in conflict with the first-mentioned statement, that person commits an offence and may, on a charge alleging that he or she made the two conflicting statements, and on proof of those two statements and without proof as to which of those statements was false, be convicted, in the absence of evidence that when that person made each statement he or she believed it to be true, of that offence and punished with the penalties that may lawfully be imposed for the offence of perjury.369. Binding over of persons to keep the peace
370. Conviction or acquittal no bar to civil action for damages
Subject to section 326(6)(b), a conviction or an acquittal in respect of an offence does not bar a civil action for damages at the instance of a person who has suffered injury, damage or loss in consequence of the commission of that offence.371. Unreasonable delays in trials
372. Repeal and amendment of laws, and savings
373. Short title and commencement
History of this document
28 December 2018
Repealed by
Criminal Procedure Act Repeal Act, 2018
24 December 2004 this version
09 December 2004
Assented to
Cited documents 38
Act 38
1. | Criminal Procedure Act, 1977 | 1981 citations |
2. | Local Authorities Act, 1992 | 1355 citations |
3. | High Court Act, 1990 | 1143 citations |
4. | Public Service Act, 1995 | 319 citations |
5. | Banking Institutions Act, 1998 | 225 citations |
6. | Police Act, 1990 | 249 citations |
7. | Combating of Domestic Violence Act, 2003 | 395 citations |
8. | Combating of Rape Act, 2000 | 295 citations |
9. | Legal Practitioners Act, 1995 | 256 citations |
10. | Building Societies Act, 1986 | 104 citations |
Documents citing this one 18
Law Reform Report 7
Gazette 5
Discussion Paper 3
1. | Discussion Document on Consumer Protection | |
2. | Discussion Paper on GIPF Legal Framework | |
3. | Discussion Paper on Locus Standi |
Act 2
1. | Prevention of Organised Crime Act, 2004 | 380 citations |
2. | Motor Vehicle Accident Fund Act, 2007 | 17 citations |
Judgment 1
1. | Dresselhaus Transport CC v Government of the Republic of Namibia (SA 20 of 2003) [2005] NASC 3 (11 May 2005) |