Criminal Procedure and Evidence Act
(ii)
Zimbabwe
on good cause shown, the court may dispense with such notice or adjourn the trial to enable such
notice to be given.
180. Pleas
(1)
If the accused does not object that he has not been duly served with a copy of the indictment,
summons or charge or apply to have it quashed under section one hundred and seventy-eight, he
shall either plead to it or except to it on the ground that it does not disclose any offence cognizable
by the court.
(2)
If the accused pleads, he may plead—
(a)
that he is guilty of the offence charged or, with the concurrence of the prosecutor, of any
other offence of which he might be convicted on the indictment, summons or charge; or
(b)
that he is not guilty; or
(c)
that he has already been convicted of the offence with which he is charged; or
(d)
that he has already been acquitted of the offence with which he is charged; or
(e)
that he has received the pardon of the President for the offence charged or is immune from
liability to prosecution for the offence, whether in terms of section 267(2) or any other law;
or
[paragraph amended by section 36 of Act 2 of 2016]
(f)
that the court has no jurisdiction to try him for the offence; or
(g)
that the prosecutor has no title to prosecute; or
(h)
that he or she is entitled to an order under section 167A permanently staying the
prosecution on the ground that there has been an unreasonable delay in bringing him or her
to trial for the offence; or
[paragraph inserted by section 36 of Act 2 of 2016]
(i)
that a court has given an order under section 167A permanently staying the prosecution of
the offence.
[paragraph inserted by section 36 of Act 2 of 2016]
(3)
Two or more pleas may be pleaded together, except that the plea of guilty cannot be pleaded with
any other plea to the same charge.
(4)
The accused may plead and except together.
(5)
Subject to section one hundred and eighty-eight, the accused may, together with his plea, offer an
explanation of his attitude in relation to the charge or statement indicating the basis of his defence
and such explanation or statement shall be recorded and shall form part of the record of the case.
(6)
Any person who has been called upon to plead to any indictment, summons or charge shall, except
as is otherwise provided in this Act or in any other enactment, be entitled to demand that he be
either acquitted or found guilty by the judge or magistrate before whom he pleaded:
Provided that—
(i)
where a plea of not guilty has been recorded, whether in terms of section two hundred and
seventy-two or otherwise, the trial may be continued before another judge or magistrate if no
evidence has been adduced;
(ii)
where a plea of guilty has been recorded, the trial may be continued before another judge
or magistrate if no evidence has been adduced or no explanation has been given or inquiry
made in terms of paragraph (b) of subsection (2) of section two hundred and seventy-one.
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