Criminal Procedure and Evidence Act
(2)
(3)
Zimbabwe
When any order is made under subsection (1), the consequences shall be the same in all respects
and with regard to all persons as if the Prosecutor-General had decided to prosecute the accused at
the place named in the order and at the time specified therein, and if he has been admitted to bail—
(a)
the recognizances of the bail shall be deemed to extend to that time and place accordingly;
and
(b)
the recognizances of any persons who are bound to attend as witnesses shall be deemed to
extend to the same time and place.
Notice of the time and place named and specified in an order in terms of subsection (1) shall
be given to the persons bound by the recognizances, otherwise their recognizances shall not be
forfeited.
162. When removed prisoner to be tried
Where a case has, in terms of section one hundred and sixty-one, been removed for trial elsewhere and
the accused is in custody, the judge granting the order of removal shall issue a warrant directing his
transmission forthwith to the prison of the area to which the case has been removed and the accused shall
be tried as soon as reasonably possible on a date to be determined by the Prosecutor-General:
Provided that the accused shall not be tried less than ten days after his arrival at the prison except with his
consent.
B. In magistrates court
163. Accused in magistrates court to be brought for trial at once
Any person to be prosecuted on a criminal charge in a magistrates court shall be brought for trial at the
next possible court day.
163A.Accused in magistrates court to be informed of section 191 rights
(1)
At the commencement of any trial in a magistrates court, before the accused is called upon to plead
to the summons or charge, the accused shall be informed by the magistrate of his or her right in
terms of section 191 to legal or other representation in terms of that section.
(2)
The magistrate shall record the fact that the accused has been given the information referred to in
subsection (1), and the accused’s response to it.
[section inserted by section 34 of Act 2 of 2016]
164. Persons brought before wrong court
(1)
If on the trial of a person charged with any offence before any magistrates court it appears that he
is not properly triable before the court, he is not by reason thereof entitled to be acquitted, but the
court may at the request of the accused direct that he be tried before some proper court, and may
remand him for trial accordingly.
(2)
If he does not make a request in terms of subsection (1), the trial shall proceed and the verdict and
judgment shall have the same effect in all respects as if the court had originally had jurisdiction to
try the accused.
(3)
This section shall not affect the right of the accused to plead to the jurisdiction of a court.
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