Criminal Procedure and Evidence Act
Zimbabwe
187. Lack of jurisdiction or title to prosecute not to be raised after conviction
Where an accused is convicted of an offence, the fact that—
(a)
in the case of proceedings before a magistrates court, the court did not have jurisdiction to try the
accused in terms of section 56 of the Magistrates Court Act [Chapter 7:10]; or
(b)
in the case of proceedings before any court, the prosecutor did not have title to prosecute the
accused;
shall not affect the validity of the conviction if the lack of such jurisdiction or title to prosecute, as the
case may be, was not pleaded or raised during the proceedings and before such conviction.
188. Outline of state and defence cases
In a trial before a magistrate, if the accused pleads not guilty or a plea of not guilty is entered in terms of
section one hundred and eighty-two—
(a)
the prosecutor shall make a statement, outlining the nature of his case and the material facts on
which he relies; and
(b)
the accused shall be requested by the magistrate to make a statement, if he or she wishes, outlining
the nature of his defence and the material facts on which he relies and, if he is not represented by
a legal practitioner, his or her right to remain silent, and the consequences of exercising that right,
shall be explained to him.
[section amended by section 36 of Act 2 of 2016]
189. Statement made or withholding of relevant fact by accused may be used as evidence
against him
(1)
(2)
Any statement referred to in paragraph (b) of section one hundred and eighty-eight may—
(a)
be taken into account in deciding whether the accused is guilty of the offence charged or any
other offence of which he may be found guilty on that charge; and
(b)
except in so far as it amounts to an admission of any allegation made by the State, not be
taken into account for the purpose of deciding whether the accused should be found not
guilty in terms of subsection (3) of section one hundred and ninety-eight.
If an accused, when so requested in terms of paragraph (b) of section one hundred and eightyeight, has failed to mention any fact relevant to his defence, being a fact which in the circumstances
existing at the time, he could reasonably have been expected to have mentioned, the court, in
determining whether there is any evidence that the accused committed or whether the accused is
guilty of the offence charged or any other offence of which he may be convicted on that charge, may
draw such inferences from the failure as appear proper and the failure may, on the basis of such
inferences, be treated as evidence corroborating any other evidence given against the accused.
Part XII – Procedure after commencement of trial
A. In all courts
190. Separate trials
When two or more persons are charged in the same indictment, summons or charge, whether with the
same offence or with different offences, the court may at any time during the trial on the application of
the prosecutor or of any of the accused, direct that the trial of the accused or any of them shall be held
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