Criminal Procedure and Evidence Act (h) (3) Zimbabwe the adverse effect on the interests of the public or the victims in the event of the prosecution being stopped or discontinued. If after an investigation in terms of subsection (1) the court finds that— (a) the completion of the proceedings is being unduly delayed; or (b) there has been an unreasonable delay in bringing the accused to trial or in completing the trial; the court may issue such order as it considers appropriate in order to eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice, including an order— (4) (i) refusing further postponement of the proceedings; (ii) granting a postponement subject to such conditions as the court may determine; (iii) that the prosecution of the accused for the offence be permanently stayed; (iv) that the matter be referred to the appropriate authority for an administrative investigation and possible disciplinary action against any person responsible for the delay. The Prosecutor-General may appeal against an order referred to in subsection (3) (iii) as if it were an acquittal of the accused. [section inserted by section 35 of Act 2 of 2016] 168. Accused to plead to indictment, summons or charge At the time appointed for the trial or sentence of the accused upon any indictment, summons or charge, he shall appear, and shall be informed in open court of the offence with which he is charged as set forth in the indictment, summons or charge, and shall, subject to section three hundred and fifty-six, be required to plead instantly thereto except where, there being an indictment or summons and the accused having objected so to plead, the court finds that he has not been duly served with a copy thereof. 169. Termination of bail on plea to indictment in High court If the accused is indicted in the High Court after having been admitted to bail, his plea to the indictment shall, unless the court otherwise directs, have the effect of terminating his bail, and he shall thereupon be detained in custody until the conclusion of the trial in the same manner in every respect as if he had not been admitted to bail. 170. Objections to indictment, how and when to be made (1) Any objection to an indictment for any formal defect apparent on the face thereof shall be taken by exception or by application to quash such indictment before the accused has pleaded, but not afterwards. (2) Any objection to a summons or charge for any formal defect apparent on the face thereof which is to be tried by a magistrates court shall be taken by exception before the accused has pleaded, but not afterwards. (3) Any court before which any objection is taken in terms of subsection (1) or (2) may, if it is thought necessary and the accused is not prejudiced as to his defence, cause the indictment, summons or charge to be forthwith amended in the requisite particular by some officer of the court or other person, and thereupon the trial shall proceed as if no such defect had appeared. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 78

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