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 Repealed by Act No. 46 of 1963, Second Sch.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 Repealed by Act No. 46 of 1963, Second Sch. 197.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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