Criminal Procedure and Evidence Act Zimbabwe 187. Lack of jurisdiction or title to prosecute not to be raised after conviction Where an accused is convicted of an offence, the fact that— (a) in the case of proceedings before a magistrates court, the court did not have jurisdiction to try the accused in terms of section 56 of the Magistrates Court Act [Chapter 7:10]; or (b) in the case of proceedings before any court, the prosecutor did not have title to prosecute the accused; shall not affect the validity of the conviction if the lack of such jurisdiction or title to prosecute, as the case may be, was not pleaded or raised during the proceedings and before such conviction. 188. Outline of state and defence cases In a trial before a magistrate, if the accused pleads not guilty or a plea of not guilty is entered in terms of section one hundred and eighty-two— (a) the prosecutor shall make a statement, outlining the nature of his case and the material facts on which he relies; and (b) the accused shall be requested by the magistrate to make a statement, if he or she wishes, outlining the nature of his defence and the material facts on which he relies and, if he is not represented by a legal practitioner, his or her right to remain silent, and the consequences of exercising that right, shall be explained to him. [section amended by section 36 of Act 2 of 2016] 189. Statement made or withholding of relevant fact by accused may be used as evidence against him (1) (2) Any statement referred to in paragraph (b) of section one hundred and eighty-eight may— (a) be taken into account in deciding whether the accused is guilty of the offence charged or any other offence of which he may be found guilty on that charge; and (b) except in so far as it amounts to an admission of any allegation made by the State, not be taken into account for the purpose of deciding whether the accused should be found not guilty in terms of subsection (3) of section one hundred and ninety-eight. If an accused, when so requested in terms of paragraph (b) of section one hundred and eightyeight, has failed to mention any fact relevant to his defence, being a fact which in the circumstances existing at the time, he could reasonably have been expected to have mentioned, the court, in determining whether there is any evidence that the accused committed or whether the accused is guilty of the offence charged or any other offence of which he may be convicted on that charge, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. Part XII – Procedure after commencement of trial A. In all courts 190. Separate trials When two or more persons are charged in the same indictment, summons or charge, whether with the same offence or with different offences, the court may at any time during the trial on the application of the prosecutor or of any of the accused, direct that the trial of the accused or any of them shall be held By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 83