KNOW YOUR LEGAL RIGHTS IN CRIMINAL MATTERS.......
How criminal proceedings are instituted
By Ecungu George William
Criminal proceedings may be instituted against a person by presenting a Charge Sheet and/or
an Indictment in the Chief Magistrates Court and/or High Court respectively.The person against
whom criminal proceedings are instituted is referred to as the accused and the person who
presents the charge sheet or indictment is referred to as the prosecutor.
A Charge Sheet is a document indicating the offence which the accused is said to have
committed and the details surrounding the commission of that offence. It is filed only in the
Chief Magistrate Courts.An Indictment performs the same role as the Charge sheet except that
it is filed in the High Court.
For proceedings instituted in the High Court, it is mandatory to commit the accused to the High
Court. The committal proceedings of the accused are conducted in the Chief Magistrates Court
following which the accused is sent to the High Court for trial.At the trial, whether in the Chief
Magistrates Court or High Court, the offence will be read to the accused after which he/she will
be expected to respond (Take Plea)
The accused may plead guilty, not guilty or that he/she has been previously acquitted or
pardoned for the offence he/she is being charged with.If the accused pleads guilty, then the
judicial officer will record that plea and then proceed to sentence the accused in accordance
with the law.
If the accused pleads not guilty, then court will proceed to hear the evidence from the State
attorney who is referred to as the prosecutor.After hearing evidence from the prosecution,
court will make a ruling as to whether the accused has a case to answer. If court finds that the
accused has no case to answer, then he/she will be discharged. If court finds that the accused
has a case to answer, then he/she will be required to give his/her defence by giving his/her
testimony and/or calling witnesses to testify.
Court will then go ahead to give judgment after hearing the evidence from both sides. If the
accused is found not guilty, then he/she will be acquitted. If the accused is found guilty, then
court will proceed to hear the accused in mitigation of his sentence where he/she explains to
court why court should lessen his sentence. Court will then proceed to give its sentence in
accordance with the law.
NINE STEPS FROM YOUR ARREST TO YOUR APPEAL IN CRIMINAL CASES
1. ARREST
You can be arrested where reasonable grounds exist that you have committed an offence or are
about to. A police Officer may use reasonable force. If you offer no violence, the Police Officer
can not strike you. You will be taken to the police station. If the offence is not a serious one, the
police can promptly bail you from the station.
2. INTERVIEW
At the police station, you will be interviewed under caution. The purpose of the police interview
is to give you an opportunity to answer the police version of events in a formal record that will
be placed before the court.
It is illegal for the police to torture you or use cruel, inhuman or degrading treatment or
punishment such as threatening physical harm in order to make you confess to something you
did not do. If you prefer, you can say nothing and state at the beginning of the interview: I do
not want to say anything and wish to exercise my right to silence,
3. COURT
From the police station, the police will take you to court as soon as they can but certainly not
later than 48 hours (two days) unless there is a holiday in which case the next day.
At court, they will charge you with the offence or request more time to keep you in custody in
a police station or prison while they continue their investigations. This may be appropriate in
serious and complicated cases but not in simple cases
4. REMAND
At your first appearance in court, it is likely the case will be adjourned (i.e. put over to another
date). In which case, the decision will need to be made whether you should be allowed out on
bail or remanded in custody.
5. CHARGE
When you next appear in court, it is likely you will be charged- although this could happen at
your first appearance. A charge is a formal notice of the offence you are alleged to have
committed. This is read out in court. You will need to decide whether you committed the
offence set down in the charge or not in which case you will plead Guilty or Not Guilty
6. PLEA
If you plead guilty (High Court or Magistrate's Court) the prosecution will read out the facts and
the Magistrate/Judge will convict you. Then before sentencing you, the court will ask you to
give your account. You will then enter a plea in mitigation, i.e. you put your side of things and
ask for mercy from the court.
If you plead Not Guilty the matter will be adjourned for trial.
7. TRIAL
You trial whenever it is to be heard, in the Magistrate's court or the High court, should take
place within a reasonable time. At the end of the trial, the court will either find you Not Guilty
of the offence(s) and you will be acquitted (set free and the matter closed forever):or you will
be found Guilty and sentenced.
8. SENTENCE
If you plead Guilty or you are convicted after a trial, the sentence of the court should be
proportionate to the offence you committed.
It should also take into account the circumstances in which you committed the offence and
your own personal circumstances at the time.
9. APPEAL
You have the right, as every convicted person does to an appeal either against the sentence
passed ( it was too much) or against conviction (you maintain your innocence) or both within
fourteen (14) days.
