Criminal Procedure and Evidence Act Zimbabwe “accused person” means a person accused of committing a sexual offence; “designated person” [definition repealed by section 25 of Act 9 of 2006] “sexual offence” [definition repealed by section 25 of Act 9 of 2006] (2) For the purposes of section 80 of the Criminal Law Code (“Sentence for certain crimes where accused is infected with HIV”), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV. (3) Where a court has given a direction under subsection (2), any medical practitioner or suitably qualified nurse shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample: Provided that the medical practitioner or suitably qualified nurse may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person. [subsection amended by section 25 of Act 9 of 2006] (4) An appropriate sample taken in terms of subsection (3)— (a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or suitably qualified nurse concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and (b) in the case of a blood or tissue sample, shall be taken from a part of the accused person’s body selected by the medical practitioner or suitably qualified nurse concerned in accordance with accepted medical practice. [subsection amended by section 25 of Act 9 of 2006] (5) The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial: Provided that— (6) (i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence; (ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted. Without prejudice to any other defence or limitation that may be available in terms of any law, no claim shall lie and no set-off shall operate against— (a) the State; or (b) any Minister; or (c) any medical practitioner or suitably qualified nurse; in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently. [subsection amended by section 25 of Act 9 of 2006] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 120