Criminal Procedure and Evidence Act Zimbabwe 317. Cases not provided for by this Part In criminal proceedings, in any case not provided for in this Part, the law as to admissibility of evidence and as to the competency, examination and cross-examination of witnesses in force in criminal proceedings in the Supreme Court of Judicature in England shall be followed in like cases by the courts of Zimbabwe. 318. English laws applicable The laws in force in the Supreme Court of Judicature in England which are applied by this Act shall not include any amendment thereto made on or after the 1st June, 1927, by any statute of England. 319. Saving as to special provisions in any other enactment Nothing in this Part shall be construed as modifying those provisions of any enactment whereby in any criminal matter specially referred to or provided in such enactment a person is deemed to be a competent witness or certain specified facts and circumstances are deemed to be evidence, or a particular fact or circumstance may be proved in a manner specified therein. Part XIVA – Protection of vulnerable witnesses 319A.Interpretation in Part XIVA In this Part— “intermediary” means a person appointed as an intermediary in terms of paragraph (i) of section three hundred and nineteen B: “support person” means a person appointed as a support person in terms of paragraph (ii) of section three hundred and nineteen B; “vulnerable witness” means a person for whom any measure has been or is to be taken in terms of section three hundred and nineteen B. 319B.Measures to protect vulnerable witnesses If it appears to a court in any criminal proceedings that a person who is giving or will give evidence in the proceedings is likely— (a) to suffer substantial emotional stress from giving evidence or (b) to be intimidated, whether by the accused or any other person or by the nature of the proceedings or by the place where they are being conducted, so as not to be able to give evidence fully and truthfully; the court may, subject to this Part, do any one or more of the following, either mero motu or on the application of a party to the proceedings— (i) appoint an intermediary for the person; (ii) appoint a support person for the person; (iii) direct that the person shall give evidence in a position or place, whether in or out of the accused’s presence, that the court considers will reduce the likelihood of the person suffering stress or being intimidated: Provided that, where the person is to give evidence out of the accused’s presence, the court shall ensure that the accused and his legal representative are able to see and hear the person giving By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 124