Criminal Procedure and Evidence Act
Zimbabwe
evidence, whether through a screen or by means of closed-circuit television or by some other
appropriate means;
(iv)
adjourn the proceedings to some other place, where the court considers the person will be less
likely to be subjected to stress or intimidation;
(v)
subject to section 70(1)(g) of the Constitution, make an order in terms of the Courts and
Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] excluding all persons or any class
of persons from the proceedings while the person is giving evidence.
[paragraph amended by section 49 of Act 2 of 2016]
319C.Factors to be considered in deciding whether or not to protect vulnerable witness
(1)
(2)
When deciding whether or not to take any measure under section three hundred and nineteen B,
the court shall pay due regard to the following considerations—
(a)
the vulnerable witness’s age, mental and physical condition and cultural background; and
(b)
the relationship, if any, between the vulnerable witness and any other party to the
proceedings; and
(c)
the nature of the proceedings; and
(d)
the feasibility of taking the measure concerned; and
(e)
any views expressed by the parties to the proceedings; and
(f)
the interests of justice.
To assist the court in deciding whether or not to take any measures under section three hundred
and nineteen B, the court may interview the vulnerable witness concerned out of the sight and
hearing of the parties to the proceedings:
Provided that at such an interview the merits of the case shall not be canvassed or discussed.
319D.Court to give parties opportunity to make representations
Before taking a measure under section three hundred and nineteen B, the court shall afford the parties to
the proceedings an opportunity to make representations in the matter.
319E.Court may rescind measure taken to protect vulnerable witness
Without derogation from any other law, a court may at any time rescind a measure taken by it under
section three hundred and nineteen B, and shall do so if the court is satisfied that it is in the interests of
justice to do so.
319F.Persons who may be appointed as intermediaries or support persons
(1)
(2)
Except in special circumstances, which the court shall record, a court shall not appoint a person as
an intermediary unless that person—
(a)
is or has been employed by the State as an interpreter in criminal cases; and
(b)
has undergone such training in the functions of an intermediary as the Minister may
approve.
In appointing a support person for a vulnerable witness, the court shall select a parent, guardian or
other relative of the witness, or any other person who the court considers may provide the witness
with moral support whilst the witness gives evidence.
By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely.
125
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents