Criminal Procedure and Evidence Act Zimbabwe 115B.Proof of evidence and statements given or made at confirmation or verification proceedings and furnishing of copies thereof to accused (1) Subject to subsection (2), in any proceedings in any court— (a) a document, purporting to be the longhand record of the evidence given by a witness or of a statement or evidence made or given by the accused at confirmation or verification proceedings and purporting to have been taken down by the magistrate holding such proceedings; or (b) a document which— (i) purports to be a transcription of the original record of the evidence given by a witness or of a statement or evidence made or given by the accused at confirmation or verification proceedings and taken down in shorthand writing or by mechanical means; and (ii) purports to have been certified as correct under the hand of the person who transcribes such record; shall, upon its mere production by any person, be prima facie evidence of such statement or evidence, as the case may be, and, if the same was made or given as aforesaid through an interpreter or interpreters, of the correctness of the interpretation. (2) (3) Notwithstanding subsection (1), the terms of— (a) any statement produced in confirmation proceedings shall not be proved except by the production of the statement as confirmed by the magistrate in terms of section 113(3) or, where the statement is not so confirmed, by calling as a witness the person to whom the statement was made; (b) any deposition which was the subject of verification proceedings shall not be proved except by the production of the deposition as verified by the magistrate in terms of section 115A(6) (a) or, where the deposition is not so verified, by calling as a witness the person who made the deposition, unless the court, in its discretion (where the witness cannot be found after diligent search, or cannot be compelled to attend the court), allows the deposition to be read as evidence at the trial, subject to the conditions mentioned in section 255. If the accused is indicted for trial before the High Court, a copy of any of the following documents as may relate to his or her case shall be served upon the accused together with the other documents served upon him or her in terms of section 66— (a) a statement confirmed in terms of section 113(3); and (b) a deposition verified in terms of section 115A(6)(a) and (c) a record referred to in subsection (1). [section inserted by section 8 of Act 9 of 2006] Part IX – Bail 115C.Compelling reasons for denying bail and burden of proof in bail proceedings (1) In any application, petition, motion, appeal, review or other proceeding before a court in which the grant or denial of bail or the legality of the grant or denial of bail is in issue, the grounds specified in section 117(2), being grounds upon which a court may find that it is in the interests of justice that an accused should be detained in custody until he or she is dealt with in accordance with the law, are to be considered as compelling reasons for the denial of bail by a court. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 54