Criminal Procedure and Evidence Act
Zimbabwe
(b)
being of or over the age of sixteen years and under the age of eighteen years, is for those
purposes detained against her will or against the will of her father or mother or any other
person who has the lawful care or charge of her; or
(c)
being of or above the age of eighteen years, is for those purposes detained against her will;
and a woman or girl shall be deemed to be detained for immoral purposes if she is detained by any
person in order that she may be unlawfully carnally known by any man, whether a particular man or
not.
(4)
A peace officer authorized by warrant under this section to search for a woman or girl may enter, if
need be, by force any house or other place specified in the warrant, and may remove the woman or
girl therefrom.
(5)
A warrant under this section shall be executed by the police officer mentioned in it, who shall,
unless the magistrate otherwise directs, be accompanied by the parent, husband, relative, guardian
or other person by whom the complaint is made, if such person so desires.
Part VII – Committal for trial in the High Court of accused persons
[Part VII substituted by section 3 of Act 9 of 2006]
65.
Accused to be committed for trial by magistrate before High court
No person shall be tried in the High Court for any offence unless he or she has been previously committed
for trial by a magistrate for or in respect of the offence charged in the indictment:
Provided that—
(i)
in any case in which the Prosecutor-General has declined to prosecute, the High Court or any judge
thereof may, upon the application of any such private party as is described in sections 13 and 14,
order any person to be committed for trial;
(ii)
an accused person, other than an accused person committed for trial under section 66, shall be
deemed to have been committed for trial for or in respect of the offence charged in the indictment
if the evidence taken before the committing magistrate contains an allegation of any fact or facts
upon which the accused might have been committed upon the charge named in the indictment,
although the committing magistrate may, when committing the accused upon such evidence, have
committed him or her for some offence other than that charged in the indictment or for some other
offence not known to the law;
(iii)
an accused person who is in actual custody when brought to trial, or who appears to take his or her
trial in pursuance of any recognizance entered into before any magistrate, shall be deemed to have
been duly committed for trial upon the charge stated in the indictment unless he or she proves the
contrary;
(iv)
nothing in this section shall be construed as affecting the power of a judge to sentence a person
whose case has been transferred to that court on the direction of the Prosecutor-General in terms of
section 225;
(v)
no irregularity or defect in—
(a)
any proceedings referred to in section 66; or
(b)
any other matter relating to the bringing of an accused person before the High Court;
shall affect the validity of the trial, but the court may, on the application of the prosecutor or the
accused, adjourn the trial to some future day.
[section substituted by section 3 of Act 9 of 2006]
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