Criminal Procedure and Evidence Act Zimbabwe intention to adduce the same in evidence has been given by the party proposing to adduce the same in evidence: Provided that such notice shall not be necessary if the other party to the proceedings waives his right to such notice. (3) (4) On the application of any party who has received notice in terms of subsection (2) which relates to the bankers books or bankers documents of a bank which— (a) is not a foreign bank, the court before which the proceedings are being or are to be conducted may order that such party be at liberty to inspect and to take copies of any entry or entries in the bankers books or of the bankers documents of the bank concerned and such orders may be made by the court in its discretion, either with or without summoning before it such bank or the other party, and shall be intimated to such bank at least three days before the copies are required; (b) is a foreign bank, the court before which the proceedings are being or are to be conducted may issue a commission to any fit and proper person outside Zimbabwe authorizing that person to take the evidence of any witness specified in the commission as to the correctness of the copies sought to be adduced and as to any matters that may be contained in the bankers books or the bankers documents of the bank concerned relating to the matters in question in the criminal proceedings and the provisions of sections two hundred and forty, two hundred and forty-one, two hundred and forty-two and two hundred and forty-three shall apply, mutatis mutandis, to such commission. Any document which purports— (a) to be an affidavit of a person who has examined an entry in a bankers book or a bankers document and stating the things referred to in paragraphs (a) and (b) of subsection (1); and (b) to have been made before a person who is qualified in the country concerned to administer an oath; shall be admissible upon its mere production. 288. Bank not compelled to produce any books unless ordered by court A bank shall not be compelled to produce its bankers books or any bankers documents in any criminal proceedings unless the court specially orders that such bankers books or bankers documents shall be produced. 289. Sections 286, 287 and 288 not to apply to proceedings to which bank is party Nothing in sections two hundred and eighty-six, two hundred and eighty-seven and two hundred and eighty-eight shall apply to any criminal proceedings to which the bank whose bankers books or bankers documents may be required to be produced in evidence is a party. J. Privileges of witnesses 290. Privileges of accused persons when giving evidence An accused person called as a witness upon his own application shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed, or has been convicted of, or has been charged with, any offence other than that with which he is then charged, or is of bad character, unless— (a) he has personally or by his legal representative asked questions of any witness with a view to establishing, or has himself given evidence of, his own good character, or unless the nature or conduct of the defence is such as to involve imputation of the character of the prosecutor or the witnesses for the prosecution; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 116