Criminal Procedure and Evidence Act Zimbabwe witness’s deposition in the presence of the magistrate, the prosecutor, the witness and any police officer concerned with the investigation of the alleged offence: Provided that— (i) the accused or his or her legal representative, if any, shall have not less than three days’ notice (including Saturdays, Sundays and public holidays) of the time and place of the conference, and (ii) the magistrate may, upon the written request of the accused or his or her legal representative, and after consultation with the prosecutor, postpone or bring forward the date of the conference, and (b) (4) (5) (6) inform the accused that, in the event of failure by him or her to comply with the order, the provisions of section 255 may apply to his or her case. At a conference convened in terms of this section— (a) the prosecutor shall cause the deposition of the witness to be read over or made available to the accused, and thereupon the accused shall be entitled, personally or by his or her legal representative, if any, to cross-examine the witness, and in such case the prosecutor may reexamine the witness; and (b) the magistrate may put any question he or she sees fit to the prosecutor, the accused or his or her legal representative, or the witness. During a conference convened in terms of this section the magistrate shall make or cause to be made a record of— (a) the time and place of the conference, the names of all those who attended at the conference and the capacities in which they so attended; and (b) the examination or re-examination of the witness, if any. At the conclusion of a conference convened in terms of this section— (a) the magistrate, if he or she is satisfied that the deposition which is the subject of the verification proceedings— (i) was made by a witness referred to in subsection (1)(a), (b) or (c) and (ii) may properly be admitted in criminal proceedings for the prosecution of the offence to which it relates as prima facie proof of the evidence deposed to in therein; shall verify the deposition by endorsing upon it the word “verified” and his or her signature and the place and date of verification; and (b) the magistrate and the prosecutor shall sign the record referred to in subsection (5) and, if the accused and his or her legal representative, if any, attended at the conference, the magistrate shall invite the accused or the legal representative to sign it: Provided that if the accused or his or her legal representative refuses to sign the record, the magistrate shall note that fact in the record, and the reasons for the refusal, if any are given. (7) If the accused or his or her legal representative fails to attend a conference convened in terms of this section after having been given an opportunity to do so under subsection (3), then subsection (4)(b) and subsections (5) and (6) shall apply, with any changes that may be necessary, as if the accused or his or her legal representative were in attendance. [section inserted by section 8 of Act 9 of 2006] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 53