Criminal Procedure and Evidence Act Zimbabwe Provided that no magistrate shall give a direction in terms of this subsection in respect of the parent or guardian of a person who is married or, in the opinion of the magistrate, is tacitly emancipated. (2) If a parent or guardian who has been warned under subsection (1) fails to attend on the date and at the time appointed, or to remain in attendance during the confirmation proceedings on that day and on any day to which the proceedings may be adjourned, the magistrate presiding at the proceedings may issue a warrant for the apprehension of that parent or guardian and may also order him or her to pay a fine not exceeding level three or, in default of payment, to be imprisoned for a period not exceeding one month. (3) The magistrate may, on cause shown, remit any penalty imposed under subsection (2). [section inserted by section 6 of Act 9 of 2006] 113B.Accused must be in his or her sound and sober senses (1) Before commencing confirmation proceedings and at all times during the course thereof, the magistrate shall satisfy himself or herself that the accused is in his or her sound and sober senses, and if the magistrate is, before commencing or at any time during the course of the proceedings, satisfied that the accused is not in his or her sound and sober senses, the magistrate shall record that fact and order the accused to be kept in custody in such place for such period and under such conditions as to observation as the magistrate may think fit. (2) An order in terms of subsection (1) shall expire at the termination of fourteen days from the date of its issue, but may, from time to time, be renewed by the magistrate for a period not exceeding fourteen days. (3) If at the expiry of the period of the order or of any renewal thereof or before such expiry the accused is found to be in his or her sound and sober senses, the accused shall again be brought before the magistrate who shall commence or, as the case may be, continue the confirmation proceedings. [section inserted by section 6 of Act 9 of 2006] 113C.Subpoenaing of witnesses (1) A public prosecutor who has initiated confirmation proceedings, or an accused in respect of whom those proceedings are being or are to be held, or the latter’s legal representative, may compel the attendance of any person at those proceedings to give evidence or to produce any book or document, by means of a subpoena, issued in the manner prescribed by the rules of court, at the instance of the public prosecutor or accused, as the case may be, by the clerk of the magistrate in which the proceedings are being or are to be held. (2) If a magistrate conducting confirmation proceedings believes that any person may be able to give evidence or to produce any book or document which is relevant to the subject of the examination, he or she may direct the clerk of the magistrate court to issue, in the manner mentioned in subsection (1), a subpoena requiring such person to appear before him or her at a time mentioned therein, to give evidence or to produce any book or document. (3) Any such subpoena shall be served in the manner prescribed by the rules of court, upon the person to whom it is addressed. (4) A magistrate conducting confirmation proceedings may call as a witness any person in attendance, although not subpoenaed as a witness, or may recall and re-examine any person already examined as a witness. (5) Every person subpoenaed to attend confirmation proceedings shall obey the subpoena and remain in attendance throughout the proceedings, unless excused by the magistrate conducting the proceedings. [section inserted by section 6 of Act 9 of 2006] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 50