Criminal Procedure and Evidence Act (4) Zimbabwe (b) that on the evidence available, there is no possibility (or only a remote possibility) of proving the charge against the accused beyond a reasonable: doubt; or (c) whether the person to be prosecuted has adequate means to conduct a defence to the charge (in the case of any person who, but for the fact that the Prosecutor-General has declined to prosecute him or her, would have qualified for legal assistance at the expense of the State); or (d) that it is not in the interests of national security or the public interest generally to grant the certificate to the private party. When the right of prosecution referred to in this Part is possessed under any statute by any public body or person in respect of particular offences, subsections (1), (2) and (3) shall not apply. [section substituted by section 5 of Act 2 of 2016] 17. Private prosecutor may be ordered to give security for costs Where a private prosecution is being or has been instituted by a person other than a public body or person described in section 14(d), the court may order him or her to give such security as the court may direct for the payment of any costs incurred by the accused person in respect of his or her defence, and where the court has made such an order no further steps shall be taken in the prosecution until the security has been given. [section substituted by section 6 of Act 2 of 2016] 18. 19. Failure of private prosecutor to appear on appointed day (1) If the prosecutor, being a private party, does not appear on the day appointed for appearance, the charge or complaint shall be dismissed unless the court sees reason to believe that such party was prevented from being present by circumstances beyond his control, in which case it may adjourn the hearing of the case. (2) In the case of any dismissal in terms of subsection (1), the accused shall not be again liable to prosecution on the same charge by any private party, but no such dismissal shall prevent the Prosecutor-General, or a public prosecutor on the instructions of the Prosecutor-General, from afterwards taking up the case. Mode of conducting private prosecutions A private prosecution shall, subject to this Act, be proceeded with in the same manner as if it were being conducted at the public instance, except that all costs and expenses of the prosecution shall be paid by the party prosecuting, subject to any order that the court may make when the prosecution is finally concluded. 20. Competency of Prosecutor-General to take up and conduct prosecution at public instance [heading substituted by Act 5 of 2014] In the case of a prosecution at the instance of a private party, the Prosecutor-General or the local public prosecutor may apply by motion to any court before which the prosecution is pending to stop all further proceedings in the case, in order that prosecution for the offence may be instituted or continued at the public instance and such court shall, in every such case, make an order in terms of the motion. 21. Deposit of money by private prosecutor In the case of a criminal prosecution at the instance of a private party, the registrar or clerk of the court shall, for the service of any criminal summons or subpoena or execution of any warrant of arrest or other criminal process, demand and receive the prescribed fee. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9