Criminal law in Lesotho

The main legal framework includes the Constitution of Lesotho 1993, the Penal Code Act 2012, the Criminal Procedure and Evidence Act 1981, the Children's Protection and Welfare Act 2011, the Road Traffic Act 1981 and specialist laws on sexual offences, domestic violence, corruption, money laundering, trafficking, drugs and related conduct. Criminal offences include murder, culpable homicide, assault, rape, child sexual offences, incest, abduction, unlawful detention, theft, robbery, housebreaking, receiving stolen property, fraud, extortion, arson, treason, bribery, obstruction of justice and escape. Specialist laws may add offences or procedures for particular conduct. The Lesotho Mounted Police Service, or LMPS, investigates suspected offences. The Director of Public Prosecutions, or DPP, and Crown Counsel review police dockets, give prosecution directions and conduct Crown prosecutions. A case may begin with a summons or arrest, followed by a plea and a preparatory examination before a Magistrates' Court. Serious or committal matters can proceed to the High Court, which has unlimited original criminal jurisdiction. The Court of Appeal hears appeals. Central and Local Courts retain customary-law jurisdiction in the situations permitted by the Penal Code, subject to their legal and practical limits. Police may arrest without a warrant when an offence occurs in the officer's presence or when the statutory grounds for reasonable suspicion exist. A warrant normally requires a judicial officer and sworn reasonable grounds. A search warrant is governed by section 46 of the Criminal Procedure and Evidence Act, while a warrantless search under section 47 is limited to urgent circumstances. Seized evidence is brought before a magistrate or court. Bail is generally discretionary, but the statutory exceptions include sedition, murder and treason. The High Court can hear an appeal against refusal of bail or excessive bail. Section 12 of the Constitution protects a hearing within a reasonable time before an independent and impartial court, the presumption of innocence, information about the charge in a language the accused understands, adequate time and facilities for the defence, counsel of choice, examination of witnesses, freedom from compelled testimony and protection against double jeopardy. The Constitution does not make publicly funded counsel automatic in every case. Legal Aid Lesotho represents eligible indigent accused persons in criminal matters across the courts after an application and means assessment; a contribution may be ordered. Its listed service hours are Monday to Friday, 08:00 to 16:30, at +266 2232 3762. Branch and district coverage should be confirmed locally because published information differs. Penalties depend on the offence and the court. Statutory fine levels in the reviewed texts reach M1,000, M5,000, M10,000, M15,000 and M20,000. Examples of stated maximum imprisonment include one year for assault, eight years for aggravated assault, ten years for theft, eighteen years for robbery and twenty years for fraud or bribery. Culpable homicide can carry life imprisonment, while high treason can carry death by hanging. Courts may also order forfeiture, licence suspension, compensation or other consequences. Community service, probation, restorative justice and rehabilitation are formal alternatives or related measures, but access and supervision vary by district and available resources. The Lesotho Correctional Service manages custody and rehabilitation through institutions in the country's ten districts. The Probation Unit and Department of Social Welfare prepare social-enquiry and pre-sentence reports, supervise community service and support diversion or restorative programmes. Children are treated under child-specific safeguards. A child means a person under 18. A child below 10 cannot be prosecuted. A child aged 10 to 14 may be prosecuted only after a magistrate proves beyond reasonable doubt that the child understood the significance of the conduct; the Children's Protection and Welfare Act takes precedence over the less protective general age rule in the Penal Code. A preliminary inquiry normally precedes a charge unless the matter is diverted, declined, or converted to a Children's Court process. The available practice guidance calls for referral for assessment within 24 hours. Bail is a last resort, detention after the inquiry should not take place in a police cell or lock-up, and a child must be held in a separate place of detention. Children below 13 cannot receive community service. Diversion, probation, family group conferences, Village Child Justice Committees, restorative justice, approved schools, secure care and residential programmes may be available; imprisonment remains subject to statutory limits. Victims and complainants can report offences to the LMPS or the Child and Gender Protection Unit, known as the CGPU, especially for gender-based and child-related violence. The DPP's office communicates with complainants and witnesses during prosecution. Under section 321 of the Criminal Procedure and Evidence Act, a court may order compensation after conviction when an application is made; the available statutory text lists a M400 cap. Civil damages remain a separate civil-law matter. The Human Rights Commission accepts complaints about detention and other human-rights violations. Survivor support and shelter pathways exist for gender-based violence, but coverage is fragmented. Road offences are governed mainly by the Road Traffic Act and its regulations. Registration, licences, roadworthiness and permits can affect liability. The reviewed provisions state a maximum of M2,000 and two years for reckless driving, and M1,000 and one year for negligent driving or driving under the influence. A licence may receive endorsements or be suspended, cancelled or disqualified through the relevant process involving the Traffic Commissioner, LMPS and traffic courts. The reviewed legislation does not establish a clearly verified standalone offence for mobile-phone use while driving, so no additional offence should be assumed. Digital criminal law remains fragmented. The Data Protection Act 2012 regulates personal-data processing and gives the relevant Commission compliance, complaint and mediation functions. The Communications Act 2012 provides sectoral rules. The Computer Crime and Cyber Security Bill 2024 is publicly identified as a Bill, and no Gazette commencement or standalone enacted cybercrime Act was verified in the available research. Suspected digital conduct may therefore involve general Penal Code offences, sectoral legislation and investigation by the LMPS or the Directorate on Corruption and Economic Offences, known as the DCEO. Digital-evidence powers and institutional pathways are not consolidated in one verified statute. Current amendments, court fees, operational coverage and case duration should be checked with the responsible authority because no reliable unified tariff or fixed criminal-case time limit was located.