Criminal Procedure and Evidence Act Zimbabwe separately from the trial of the other or others of them, and may abstain from giving a judgment as to any of such accused. 191. Legal representation Every person charged with an offence may make his defence at his trial and have the witnesses examined or cross-examined— (a) by a legal practitioner representing him; or (b) in the case of an accused person under the age of sixteen years who is being tried in a magistrates court, by his natural or legal guardian; or (c) where the court considers he requires the assistance of another person and has permitted him to be so assisted, by that other person. 192. Trial of mentally disordered or defective persons If at any time after the commencement of any criminal trial it is alleged or appears that the accused is not of sound mind, or if on such a trial the defence is set up that the accused was not criminally responsible on the ground of mental disorder or defect for the act or omission alleged to constitute the offence with which he is charged, he shall be dealt with in the manner provided by the Mental Health Act [Chapter 15:06]. 193. Detention of persons who are deaf or mute or both (1) Subject to section one hundred and ninety-two, in any criminal proceedings, if it appears to the court that the accused is unable properly to conduct his defence by reason of deafness or muteness or both, the court may, if it is satisfied, after hearing such evidence as the State may lead and such other evidence as the court may think necessary or desirable, that it is necessary in the interests of the safety of the public or for the protection of the accused that the accused should not be released from custody or should be kept in custody, as the case may be, order the accused to be kept in custody in some prison pending the decision of the President in terms of subsection (3). (2) A certified copy of an order in terms of subsection (1) shall be transmitted by the registrar or the clerk of the court to— (3) (a) a magistrate of the province in which the prison named in the order is situated; and (b) the Minister, who shall thereupon ascertain the decision of the President in terms of subsection (3) and notify the magistrate referred to in paragraph (a) accordingly. The President may, from time to time, give such directions as he thinks fit as to the further detention or care in an institution or other place of a person detained in terms of subsection (1) and may at any time order the discharge of that person. 194. Presence of accused (1) Every criminal trial shall take place and the witnesses shall, except as is otherwise specifically provided by this Act or any other enactment, give their evidence viva voce in open court in the presence of the accused, unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable, in which event the court may order him to be removed and direct that the trial proceed in his absence. (2) If the accused absents himself during the trial without leave, the court may direct a warrant to be issued to arrest him and bring him before the court forthwith. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 84