CAP. 75
Criminal Procedure Code
[Rev. 2012]
193. Right of accused to be defended
A person accused of an offence before a criminal court, or against whom
proceedings are instituted under this Code in a criminal court, may of right be
defended by an advocate.
193A. Concurrent criminal and civil proceedings
Notwithstanding the provisions of any other written law, the fact that any matter
in issue in any criminal proceedings is also directly or substantially in issue in any
pending civil proceedings shall not be a ground for any stay, prohibition or delay
of the criminal proceedings.
[Act No. 5 of 2003, s. 79.]
PART V – MODE OF TAKING AND
RECORDING EVIDENCE IN TRIALS GENERAL
194. Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in a trial under
this Code shall be taken in the presence of the accused, or, when his personal
attendance has been dispensed with, in the presence of his advocate (if any).
[Act No. 13 of 1982, First Sch.]
195. Repealed by Act No. 46 of 1963, Second Sch.
SUBORDINATE COURTS
196. Repealed by Act No. 46 of 1963, Second Sch.
197. Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be
recorded in the following manner—
(a) the evidence of each witness shall be taken down in writing or
on a typewriter in the language of the court by the magistrate, or
in his presence and hearing and under his personal direction and
superintendence, and shall be signed by the magistrate, and shall
form part of the record;
(b) such evidence shall not ordinarily be taken down in the form of
question and answer, but in the form of a narrative:
Provided that the magistrate may take down or cause to be taken down any
particular question and answer.
(2) Notwithstanding the provisions of subsection (1), a record of any
proceedings at a trial by or before a magistrate may be taken in shorthand if
the magistrate so directs; and a transcript of the shorthand shall be made if the
magistrate so orders, and the transcript shall form part of the record.
(3) If a witness asks that his evidence be read over to him the magistrate shall
cause that evidence to be read over to him in a language which he understands.
[Act No. 57 of 1955, s. 6, Act No. 22 of 1959, s. 22, Act No. 13 of 1982, First Sch.]
[Issue 1]
C44 - 72
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