Criminal Procedure And Evidence Act (Chapter 9:07)

 

 

Chapter 9:07

Criminal Procedure And Evidence Act

Order-in-Council, 1898 (ss. 55 and 56); Ords. 4/1899, 10/1908, 13/1912; Acts 8/1924, 19/1926, 4/1927,

18/1927, 5/1932, 7/1933, 1/1934, 19/1936 (ss. 3, 4, 5 and 6), 37/1938 (ss. 24 and 25), 19/1942 (ss. 3 and 4),

22/1942 (s. 12), 25/1948 (s. 24), 52/1949, 27/1950, 14/1952, 56/1953 (s.4), 6/1955, 9/1955 (Federal s. 126),

17/1957 (Federal s. 25), 4/1958 (s. 10), 24/1958, 72/1959, 10/1960, 53/1960 (ss. 55, 56 and 57), 24/1962 (s. 2),

32/1962, 43/1962 (s. 2), 18/1963 (s. 24), 21/1963, 12/1964 (ss. 14, 15 and 16), 22/1964 (s. 54), 69/1964,

18/1965, 44/1966 (s. 20), 58/1966, 11/1968 (s. 17), 12/1969, 22/1972 (s. 91), 24/1972 (ss. 3, 4 and 5),

11/1973 (s. 14), 32/1973, 42/1973 (s. 13), 61/1973 (s. 2), 37/1975, 48/1976 (s. 82), 50/1976, 38/1977 (s. 7),

31/1978, 41/1978 (s. 5), 17/1979 (s. 8), 15/1981 (s. 66), 29/1981 (s. 59), 15/1982 (s. 3), 3/1983, 31/1983 (s. 7),

15/1985. (s. 13), 25/1985 (s. 13), 32/1985, 17/1986, 24/1989, 4/1990, 27/1990, 1/1992, 2/1992, 22/1992 (s. 3),

15/1994, 20/1994, 8/1997, 9/1997 (s. 10), 8/1998, 25/1998 (s. 52), 9/1999 (s. 82), 14/1999 (s. 29), 6/2000

(s. 151), 8/2001 (s. 26), 22/2001 (s. 4), 23/2001 (s. 49), 1/2002 (s. 44), 14/2002 (s. 14), 14/2004,

23/2004 (s. 282); 6/2005 (s. 7), 9/2006, 3/2009. R.G.N.s 153/1963, 801/1963, 91/1964, 214/1964, 295/1964, 386/1964, 217/1970 as read with Act 29/1970 (s. 16), 313/1970, 1092/1970, 1116/1970, 416/1972, 327/1977 (s. 3); S.I.s 589/1979 (s. 3).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. Proceedings to which Act applies.
4. Neither acquittal nor conviction a bar to civil action for damages.

PART II

PROSECUTION AT PUBLICINSTANCE

1. Attorney-General
2. Criminal proceedings in name of State.
3. Delegation of functions of Attorney-General.
4. Director of Public Prosecutions.
5. Presiding officer may appoint prosecutor in certain cases.
6. Attorney-General’s power of stopping prosecutions.

9A.   Prosecutions for contempt of court proceedings.

10. Power of ordering liberation of persons committed for further examination, sentence or trial.
11. Local public prosecutor 11. Functions of local public prosecutor.

PART III

PRIVATE PROSECUTIONS

12. Interpretation in Part III.
13. Private prosecution on refusal of Attorney-General to prosecute.
14. What other persons entitled to prosecute.
15. Private prosecutor may apply to court for warrant.
16. Certificate of Attorney-General that he declines to prosecute.
17. Recognizances to be entered into by private prosecutor.
18. Failure of private prosecutor to appear on appointed day.
19. Mode of conducting private prosecutions.
20. Competency of Attorney-General to take up and conduct prosecution at public instance.
21. Deposit of money by private prosecutor.
22. Costs of private prosecution.

PART IV

PRESCRIPTION OF OFFENCES

23. Prescription of offences.

PART V

ARRESTS

1. Without warrant

24. Arrest and verbal order to arrest.
25. Arrest without warrant by peace officer or other officer.
26. Power of peace officer to call for name and address of certain persons.
27. Arrest by private person for certain offences committed in his presence.
28. Arrest by private person in case of affray.
29. Owners of property may arrest in certain cases.
30. Arrest by private person for certain offences on reasonable suspicion.
31. Arrest of persons offering stolen property for sale. 31A. Arrest by persons in charge of ship, boat or aircraft 32.Procedure after arrest without warrant.
    1. With warrant
32. Warrant of arrest by judge, magistrate or justice.
33. Execution of warrant.
34. Telegram, radio message or entry in Police Gazette to be authority for execution of warrant.
35. Arresting wrong person.
36. Irregular warrant or process.
37. Tenor of warrant.
38. C. General
39. Assistance by private persons called on by officers of the law.
40. Breaking open of doors after failure in obtaining admission for purpose of arrest or search.
41. Arrest—how made, and search thereon of person arrested.
42. Resisting arrest.
43. Power to retake on escape.
44. [Repealed].
45. Saving of other powers of arrest.
46. Saving of civil rights.

PART VI

SEARCH WARRANTS, SEIZURE, DETENTION AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES AND CUSTODY OFWOMEN UNLAWFULLY DETAINED FOR IMMORAL PURPOSES

47. Interpretation in Part VI.
48. Savings as to certain powers conferred by other enactments.
49. State may seize certain articles.
50. Article to be seized under warrant.
51. Search and seizure without warrant.
52. Seizure of article on arrest or detention of person carrying same.
53. Search by occupier of land.
54. Entering of premises for purposes of obtaining evidence.
55. Resistance against entry or search.
56. Award of damages for false information on oath.
57. Search to be conducted in decent and orderly manner.
58. Disposal by police officer of article after seizure.
59. Disposal of article where no criminal proceedings are instituted, where it is not required for criminal proceedings or where accused admits his guilt.
60. Article to be transferred to court for purposes of trial.
61. Disposal of article after commencement of criminal proceedings.
62. Forfeiture of article to State.

62A. Forfeiture of unlawful consideration in cases of bribery

63. Disposal of article concerned in offence committed outside Zimbabwe.
64. Women detained for immoral purposes.

PART VII

COMMITTAL FOR TRIAL IN THE HIGH COURT OFACCUSED PERSONS

65. Accused to be committed for trial by magistrates before High Court.
66. Summary committal for trial of accused person.
67. Information provided by accused or failure of accused to mention fact relevant to his or her defence may be used as evidence against accused.
68. - 111. [Repealed]

PART VIII

CONFIRMATION OF EXTRA-CURIALSTATEMENTS

112. Interpretation in Part VIII.
113. Confirmation or investigation of statement.

113A.	Parents or guardian of juvenile may be summoned to confirmation proceedings.
113B .	Accused must be in his or her sound and sober senses.
113C .	Subpoenaing of witnesses.
113D.	Arrest and punishment for failure to obey subpoena or to remain in attendance.
113E .	When tender of witness’ expenses not necessary.
113F.	Witness refusing to be examined or to produce evidence may be committed.

114. [Repealed.]
115. Failure to mention fact relevant to allegation may be used as evidence.

115A.   Venfication of witnesses’ depositions in certain circumstances.

115B.    Proof of evidence and statements given or made at confirmation or verification proceedings and furnishing of copies thereof to accused.

PART IX

BAIL

116. Power to admit to bail.
117. Entitlement to bail.
118. Conditions of recognizance.

117A.   Application for bail, bail proceedings and record thereof.

119. Recognizance to be forfeited on failure of accused to appear at trial.
120. Excessive bail not to be required.
121. Appeals against decisions regarding bail.
122. [Repealed].
123. Power to admit to bail pending appeal or review.
124. [Repealed].
125. Insufficiency of sureties.
126. Alteration of recognizances or committal of person on bail to prison.
127. Person on bail may be arrested without warrant if about to abscond or interfere with witness. 128. Release of sureties and death of surety.
128. Rendering in court.
129. Sureties not discharged until sentence or discharge of accused.
130. Deposit instead of recognizance.
131. Admission to bail by police.
132. Provision in case of default in conditions of recognizance.
133. Remission of bail.
134. Release of juvenile offenders without bail.

PART X

INDICTMENTS, SUMMONSES AND CHARGES

136. Indictments in High Court 136.Charge in High Court to be laid in indictment.
137. When case is pending.
138. High Court may try case wherever offence committed.
139. Summonses and charges in magistrates courts 139. Lodging of charges in magistrates court.
140. Summons in magistrates court.
141. Written notice to secure attendance of accused in magistrates court.
142. Warning to appear in magistrates court. 143. Charges in remitted cases.
143. General for all courts 144. Joinder of counts.
144. Where doubtful what offence has been committed.
145. Essentials of indictment, summons or charge.
146. Sufficient to allege dates between which thefts took place.
147. Indictment may charge general deficiency.
148. Not necessary to specify particular coin or bank-note stolen.
149. Indictments for giving false evidence; and making of conflicting statements on oath in judicial proceedings.
150. Rules applicable to particular indictments.
151. Companies, firms and partnerships may be named in indictments by name, style or title.
152. Means or instrument by which act is done need not be stated.
153. In indictment for murder or culpable homicide charge as to fact sufficient.
154. In indictment for forgery and other cases copy of instrument not necessary.
155. Certain particulars not required in case of offence relating to insolvency.
156. Allegation of intent to defraud sufficient without alleging whom it is intended to defraud.
157. Persons implicated in same offence may be charged together.
158. Joint trial of persons charged with different offences.

PART XI

PROCEDURE BEFORE COMMENCEMENT OFTRIAL

160. In High Court 160. Bringing of accused persons to trial before High Court.
161. Change of place of trial.
162. When removed prisoner to be tried.
     163. In magistrates court Accused in magistrates court to be brought for trial at once. 164. Persons brought before wrong court.
     164. General for all courts Trial of pending case may be postponed.
163. Adjournment of trial.
164. Accused may be admitted to bail on postponement or adjournment of trial.
165. Accused to plead to indictment, summons or charge.
166. Termination of bail on plea to indictment in High Court.
167. Objections to indictment, how and when to be made.
169. Certain omissions or imperfections not to invalidate indictment.
170. Averments as to time of commission of offence.
171. Proceedings where indictment alleges offence committed on impossible day.
172. Proceedings if defence is an alibi.
173. Indictments relating to blasphemous, seditious, obscene or defamatory matters.
174. Court may order delivery of particulars.
175. Application to quash indictment.
176. Notice of application to quash indictment and certain pleas to be given.
178. Person committed or remitted for sentence.
179. Accused refusing to plead.
180. Truth of defamatory matter to be specially pleaded and to be proved by accused.
181. Statement of accused sufficient plea of former conviction or acquittal.
182. Trial on plea to jurisdiction.
183. Issues raised by plea to be tried.
184. Lack of jurisdiction or title to prosecute not to be raised after conviction.
185. Outline of State and defence cases.
186. Statement made or withholding of relevant fact by accused may be used as evidence against him.

PART XII

PROCEDURE AFTER COMMENCEMENT OF TRIAL

1. In all courts
2. Separate trials.
3. Legal representation.
4. Trial of mentally disordered or defective persons.
5. Detention of persons who are deaf or mute or both.
6. Presence of accused.
7. Concealment of identity of juvenile on trial.
8. Concealment of identity of complainant and witnesses in certain cases.
9. Identity of juvenile witnesses not to be revealed.
10. Conduct of trial.
11. Refusal of accused giving evidence or being questioned to answer question without just cause may be used as evidence against him.
12. Summing up.
13. Validity of verdict.
14. Certain discrepancies between indictment and evidence may be corrected.
15. Defect in indictment, summons or charge may be cured by evidence.
16. Verdict to be of same effect as if indictment had been originally correct.
17. In cases remitted to magistrates court
18. [Repealed]
19. [Repealed]
20. Verdicts possible on particular indictments, summonses and charges
21. Conviction for part of crime charged
22. – 224. [Repealed]

PART XIII

PROCEDURE INRESPECT OFCASES ADJOURNEDUNDER SECTION 54 OFMAGISTRATES COURT ACT [CHAPTER 7:10]

225. Powers of Attorney-General.
226. Duties of magistrate.
227. Powers of judge in respect of case transferred to High Court for sentence.
228. Sentence by judge.

PART XIV

WITNESSES AND EVIDENCE IN CRIMINAL PROCEEDINGS

229. Securing attendance of witnesses 229. Process for securing attendance of witnesses.
230. Service of subpoenas.
231. Duty of witness to remain in attendance.
232. Subpoenaing of witnesses or examination of persons in attendance by court.
233. Powers of court in case of default of witness in attending or giving evidence.
234. Requiring witness to enter into recognizance.
235. Absconding witnesses.
236. Committal of witness who refuses to enter into recognizance.
237. Arrest and punishment for failure to obey subpoena or to remain in attendance.
238. Service of subpoena to secure attendance of witness residing outside jurisdiction of court. 239. Payment of expenses of persons attending court.
239. Evidence on commission
240. Taking evidence on commission.
241. Parties may examine witness.
242. Return of commission.
243. Adjournment of inquiry or trial.
244. Competency of witnesses 244. No person to be excluded from giving evidence except under this Act.
245. Court to decide questions of competency of witnesses.
246. Incompetency from mental disorder or defect and intoxication.
247. Evidence for prosecution by husband or wife of accused.
248. Evidence of accused and husband or wife on behalf of accused.
249. Oaths and affirmations 249. Oaths.
250. Affirmations in lieu of oaths.
251. When unsworn or unaffirmed testimony admissible.
252. Admissibility of evidence 252. Inadmissibility of irrelevant evidence.
253. Hearsay evidence.
254. Admissibility of dying declarations.
255. Admissibility in criminal cases evidence of absent witnesses in certain circumstances.
256. Admissibility of confessions and statements by accused.
257. Failure of accused to mention certain facts to police may be treated as evidence.
258. Admissibility of facts discovered by means of inadmissible confession.
259. Confession not admissible against other persons.
260. Evidence of character — when admissible.
261. Evidence of genuineness of disputed writings.
262. Certified copy of record of criminal proceedings sufficient without production of record. 263. Issue estoppel.
263. [Repealed.]
264. Appointment to public office.
265. Proof of signature of public officer not necessary.

266A.Admissibility of evidence obtained from certain foreign countries.

267. Evidence of accomplices 267. Accomplices as witnesses for prosecution.
268. Evidence of accomplice cannot be used against him.
     1. Sufficiency of evidence
269. Sufficiency of one witness in criminal cases, except perjury and treason.
270. Conviction on single evidence of accomplice, provided the offence is proved aliunde.
271. Procedure on plea of guilty.
272. Procedure where there is doubt in relation to plea of guilty.
273. Conviction on confession.
274. Sufficiency of proof of appointment to public office.
     275. Documentary evidence Certified copies or extracts of documents admissible.
275. Production of official documents.
276. Copies of official documents sufficient.
277. Admissibility of affidavits in certain circumstances.
278. Admissibility of photographs, plans and reports.
279. [Repealed.]
280. Admissibility of documents transmitted to or made or possessed by accused.
281. Admissibility of certain trade or business records.
282. Weight to be attached to statements admissible under section 281 or 282. 284. Endorsements on negotiable instruments.
283. Special provisions as to bankers books 285. Interpretation in sections 286, 287, 288 and 289.
284. Entries in bankers books and bankers documents admissible in evidence in certain cases.
285. Examined copies admissible after due notice.
286. Bank not compelled to produce any books unless ordered by court.
287. Sections 286, 287 and 288 not to apply to proceedings to which bank is party.
288. Privileges of witnesses
289. Privileges of accused persons when giving evidence.
290. Privilege arising out of marital state.
291. No witness compellable to answer question which witness’ husband or wife might decline.
292. Witness not excused from answering question by reason that answer would establish civil claim against him.
293. Privilege of professional advisers.
294. Privilege from disclosure of facts on grounds of public policy.
295. Privilege arising out of State security.
296. Witness excused from answering questions answers to which would expose him to penalties or degrade his character.
297. Special rules of evidence in particular criminal cases 298. Evidence on charge of treason.
298. Evidence on charge of perjury or subornation.
299. Evidence on charge of bigamy.
300. Proof of marriage.
301. Evidence of relationship on charge of incest.

302A .   Testing of persons accused of sexual offences for HIV infection 303.           Evidence on charge of infanticide or concealment of birth.

304. Evidence as to counterfeit coin.
305. Evidence on charge of receiving.
306. Evidence of previous conviction on charge of receiving.
307. Evidence of counterfeit coin.
308. Evidence on trial for defamation.
309. Evidence on charge of theft against employee or agent. 310. Evidence on charge relating to seals and stamps.
310. Miscellaneous matters relating to evidence in criminal proceedings 311. Impounding documents.
311. Cutting counterfeit coin.
312. Unstamped instruments admissible in criminal cases.
313. Admissions of fact.
314. Presumption that accused possessed particular qualification or acted in particular capacity.
315. Impeachment and support of witness’ credibility.
316. Cases not provided for by this Part.
317. English laws applicable.
318. Saving as to special provisions in any other enactment.

PART XIVA

PROTECTION OF VULNERABLEWITNESSES

319A.	Interpretation in Part XIVA.
319B.	Measures to protect vulnerable witnesses.
319C.	Factors to be considered in deciding whether or not to protect vulnerable witnesses.
319D.	Court to give parties opportunity to make representations.
319E.	Court may rescind measure taken to protect vulnerable witness.
319F.	Persons who may be appointed as intermediaries or support persons.
319G.	Functions of intermediary or support person.
319H.	Weight to be given to evidence of witness for whom intermediary or support person appointed.

PART XV

DISCHARGE OFACCUSED PERSONS

320. Dismissal of charge in default of prosecution.
321. Liberation of accused persons.
322. Further proceedings against accused discharged for want of prosecution or whose recognizance has expired.

PART XVI

PREVIOUS CONVICTIONS, FINGER-PRINTS, ETC.

323. Previous conviction not to be charged in indictment.
324. Previous conviction not to be proved, except in certain circumstances.
325. Tendering admission of previous conviction after accused has pleaded guilty or been found guilty.
326. Notice that proof of former conviction will be offered.
327. Mode of proof of previous conviction.
328. Taking of fingerprints, palm prints and footprints after conviction.
329. Finger-print and other records to be prima facie evidence of previous conviction.

PART XVII

JUDGMENT ON CRIMINAL TRIAL

330. Withdrawing charges.
331. Arrest of judgment.
332. Decision may be reserved.
333. Sentence in High Court.
334. Provisions applicable to sentences in all courts.
335. Consideration of other offences admitted by accused.

PART XVIII

PUNISHMENTS

335A.    Interpretation in Part XVIII. 336.  Nature of punishments.

337. Sentence of death 337. Sentence of death for murder.
338. Persons upon whom death sentence may not be passed.
339. Sentence of death.
340. Copy of evidence to be transmitted to President.
341. Examination of woman convicted of certain offences. 342. Manner of carrying out death sentences.
342. Imprisonment and fine 343. Cumulative or concurrent sentences.
343. Discretion of court as to amount and nature of punishment.

344A.Imprisonment for life.

345. Periodical imprisonment.
346. Extended imprisonment.

346A [Repealed]

347. Imprisonment or community service in default of payment of fine.
348. Recovery of fine.

348A.Effect of part-payment of fine or part-performance of community service.

349. Court may enforce payment of fine from moneys on accused or salary or wages of accused.
350. Levy of fine and costs on conviction of defamation.

350A.   Community service orders.

350B.    Performance of community service.

350C.    Breach of community service order.

350D.   Amendment or revocation of community service order.

351. Special provisions relating to punishment of juveniles 351. Manner of dealing with convicted juveniles.
352. Period of retention or supervision.
353. Corporal punishment of male juveniles.
354. Recognizances
355. Recognizances to keep the peace and be of good behaviour. 355. Recognizances to appear for judgment.
356. General and miscellaneous provisions as to punishments
357. Payment by accused persons of fines which may be imposed for minor offences in lieu of appearance in court.
358. Adjudication of minor cases in absence of accused.
359. Powers of courts as to postponement or suspension of sentences.
360. Magistrates court not to impose sentences of less than four days. 360. [Repealed.]

PART XIX

COMPENSATION AND RESTITUTION

361. Interpretation in Part XIX.
362. Compensation for loss of or damage to property.
363. Compensation for personal injury.
364. Compensation to innocent purchaser of property.
365. Restitution of unlawfully obtained property. 366. Cases where award or order not to be made.
366. Maximum amount of award or order.
367. Application for award or order.
368. Evidence in connection with awards and orders.
369. Court may require security de restituendo.
370. Liability under awards and orders to be joint and several.
371. Enforcement of awards and orders.
372. Payment of award out of moneys taken from or held on behalf of convicted person.
373. Person granted award or order debarred from further civil remedy.
374. Part XIX not to derogate from other laws relating to compensation or restitution.

PART XX

PARDON AND COMMUTATION

376. Saving of President’s prerogative of mercy.
377. President may commute sentence.
378. Exercise of prerogative of mercy in respect of offenders under sentence of imprisonment.
379. Reference of case by Minister for appeal or opinion.

PART XXI

GENERAL

380. Force of process.
381. Institution of fresh proceedings when conviction set aside on appeal.
382. How documents to be served.
383. Mode of proving service of process.
384. Transmission of summonses and writs by telegraph.
385. Prosecutions of corporations and members of associations.
386. Provisions as to offences under two or more laws.
387. Estimating age of person.
388. Binding over of persons to keep the peace.

SCHEDULES

First Schedule: Specified Offences in Relation to Powers of Arrest.

Second Schedule: Offences in Connection With Which Things May be Seized and Confiscated in terms of Section 62.

Third Schedule: Offences in Respect of Which Power to Admit Persons to Bail is Excluded or Qualified.

Fourth Schedule: [Repealed]

Fifth Schedule: Offences in Connection With Which Bail May Not be Granted in Terms of Section 132 (1).

Sixth Schedule: Offences for Which Sentence of Periodical Imprisonment May be Imposed.

Seventh Schedule: Extended Imprisonment Offences.

Eighth Schedule: Offences the Commission Whereof Disqualifies Offender From Being Dealt With as First Offender in Terms of Part XVIII.

Ninth Schedule: Offences involving Corruption, Organised Crime or Harm to the National Economy.

AN ACT to consolidate and amend the law relating to procedure and evidence in criminal cases, and to make provision for other matters incidental to such procedure and evidence.

[Date of commencement: 1st June, 1927.]