Criminal Procedure and Evidence Act Zimbabwe Part XIV – Witnesses and evidence in criminal proceedings A. Securing attendance of witnesses 229. Process for securing attendance of witnesses (1) In this section— “prescribed officer” means the registrar, assistant registrar or clerk of the court or any officer prescribed by rules of court. (2) Either party desiring to compel the attendance of any person to give evidence or to produce any books, papers or documents in any criminal case may take out of the office prescribed by rules of court the process of the court for that purpose. (3) When the accused desires to have any witnesses subpoenaed and satisfies the prescribed officer of the court that— (a) he is unable to pay the necessary costs and fees; and (b) such witnesses are necessary and material for his defence; the prescribed officer of the court shall subpoena such witnesses. (4) In any case where the prescribed officer of the court is not so satisfied, he shall, upon the request of the accused, refer the application to the judge or magistrate who may grant or refuse such application or may defer giving his decision until he has heard the other evidence in the case or any part thereof. 230. Service of subpoenas Service of subpoenas in criminal cases shall be effected in the manner provided by rules of court. 231. Duty of witness to remain in attendance Every witness duly subpoenaed to attend and give evidence at any criminal trial shall be bound to attend and to remain in attendance throughout the trial, unless excused by the court. 232. Subpoenaing of witnesses or examination of persons in attendance by court The court— (a) may at any stage subpoena any person as a witness or examine any person in attendance though not subpoenaed as a witness, or may recall and re-examine any person already examined; (b) shall subpoena and examine or recall and re-examine any person if his evidence appears to it essential to the just decision of the case. 233. Powers of court in case of default of witness in attending or giving evidence (1) When any person appearing either in obedience to the subpoena or by virtue of a warrant, or being present and being verbally required by the court to give evidence, refuses to be sworn or, having been sworn, refuses to answer such questions as are put to him or refuses or fails to produce any document or thing which he is required to produce, without in any such case offering any just excuse for such refusal or failure, the court may adjourn the proceedings for any period not exceeding eight days, and may in the meantime, by warrant, commit the person so refusing or failing to a prison, unless he sooner consents to do what is required of him. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 92