Criminal Procedure and Evidence Act (d) Zimbabwe is an expert witness whose evidence is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it impossible to secure his or her attendance at the trial on any given day; the evidence of such witness may, at the discretion of the court, be admissible in evidence on the trial of the accused for any offence. [section substituted by section 18 of Act 9 of 2006] 256. Admissibility of confessions and statements by accused (1) Any confession of the commission of an offence and any statement which is proved to have been freely and voluntarily made by an accused person without his having been unduly influenced thereto shall be admissible in evidence against such accused person if tendered by the prosecutor, whether such confession or statement was made before or after his arrest, or after committal and whether reduced into writing or not: Provided that— (i) a certified copy of the record produced in terms of section 115B shall be admissible in evidence against the accused; (ii) any information given under any enactment which provides a penalty for a failure or refusal to give such information shall not, on that account alone, be inadmissible. [subsection amended by section 19 of Act 9 of 2006] (2) A confession or statement confirmed in terms of subsection (3) of section one hundred and thirteen shall be received in evidence before any court upon its mere production by the prosecutor without further proof: Provided that the confession or statement shall not be used as evidence against the accused if he proves that the statement was not made by him or was not made freely and voluntarily without his having been unduly influenced thereto, and if, after the accused has presented his defence to the indictment, summons or charge, the prosecutor considers it necessary to adduce further evidence in relation to the making of such confession or statement, he may re-open his case for that purpose. (3) If in any confession or statement made or evidence given by an accused person which would otherwise be admissible there is contained matter which may be prejudicial to the accused and which is not relevant to the charge preferred against him, the prosecutor may delete such matter from the confession, statement or evidence, as the case may be, and such confession, statement or evidence, as the case may be, shall be admissible against such accused person: Provided that no confession, statement or evidence from which any matter has been deleted shall be adduced or received in evidence unless a copy of the confession, statement or evidence from which such matter has been deleted has been served upon the accused and he has not, within five days of such service, demanded that the whole or part of any matter so deleted shall be included in the confession, statement or evidence if it is adduced in evidence by the prosecutor. (4) If an accused person demands that the whole or any part of any matter referred to in subsection (3) shall be included in his confession, statement or evidence if it is adduced in evidence by the prosecutor, then such confession, statement or evidence containing such matter shall, notwithstanding anything to the contrary in this Act, be admissible in evidence against him. 257. Failure of accused to mention certain facts to police may be treated as evidence Where in any proceedings against a person evidence is given that the accused, on being— (a) questioned as a suspect by a police officer investigating an offence; or (b) charged by a police officer with an offence; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 101