Criminal Procedure and Evidence Act
(2)
Zimbabwe
Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
[subsection amended by section 4 of Act 22 of 2001]
197. Identity of juvenile witness not to be revealed
(1)
No person shall at any time publish by radio or television or in any document produced by printing
or any other method of multiplication, the name, address, school or place of occupation or any
other information likely to reveal the identity of any person under the age of eighteen years who is
giving or has given or will give evidence at any trial unless the judge or magistrate, after consulting
the person concerned and his guardian, has given his consent to such publication conveyed in a
document signed by the judge or the registrar of the High Court or by the magistrate or the clerk of
the magistrates court or by the Minister, as the case may be.
(2)
Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
[subsection amended by section 4 of Act 22 of 2001]
198. Conduct of trial
(1)
The prosecutor may, at any trial before any evidence is given, address the court for the purpose of
explaining the charge and opening the evidence intended to be adduced for the prosecution, but
without comment thereon.
(2)
The prosecutor—
(a)
shall examine the witnesses for the prosecution; and
(b)
may put in and read any documentary evidence which is admissible:
Provided that the prosecutor may, if the accused consents, put in the documentary evidence
without reading it.
(3)
If at the close of the case for the prosecution the court considers that there is no evidence that the
accused committed the offence charged in the indictment, summons or charge, or any other offence
of which he might be convicted thereon, it shall return a verdict of not guilty.
(4)
If the Prosecutor-General is dissatisfied with a decision—
(a)
of a judge of the High Court in terms of subsection (3), he may with the leave of a judge of
the Supreme Court appeal against the decision to the Supreme Court; or
(b)
of a magistrate in terms of subsection (3), he may with the leave of a judge of the High Court
appeal against the decision to the High Court.
[subsection as substituted by section 10 of Act 9 of 1997]
(4a)
In an appeal in terms of subsection (4)—
(a)
the person who was the accused shall have the right at his own expense to appear in person
or to be legally represented; or
(b)
a judge of the Supreme Court or the High Court, as the case may be, may order that the
person who was the accused should be legally represented, in which event the expenses of
his representation shall be defrayed out of moneys appropriated for the purpose by Act of
Parliament.
[subsection as inserted by section 10 of Act 9 of 1997]
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