CRIMINAL PROCEDURE AND EVIDENCE ACT
to constitute the offence with which he is charged, he shall be dealt with in the manner provided
by the Mental Health Act [Chapter 15:06].
193 Detention of persons who are deaf or mute or both
(1) Subject to section one hundred and ninety-two, in any criminal proceedings, if it appears
to the court that the accused is unable properly to conduct his defence by reason of deafness or
muteness or both, the court may, if it is satisfied, after hearing such evidence as the State may
lead and such other evidence as the court may think necessary or desirable, that it is necessary
in the interests of the safety of the public or for the protection of the accused that the accused
should not be released from custody or should be kept in custody, as the case may be, order the
accused to be kept in custody in some prison pending the decision of the President in terms of
subsection (3).
(2) A certified copy of an order in terms of subsection (1) shall be transmitted by the registrar or the clerk of the court to—
(a) a magistrate of the province in which the prison named in the order is situated; and
(b) the Minister, who shall thereupon ascertain the decision of the President in terms of
subsection (3) and notify the magistrate referred to in paragraph (a) accordingly.
(3) The President may, from time to time, give such directions as he thinks fit as to the further detention or care in an institution or other place of a person detained in terms of subsection
(1) and may at any time order the discharge of that person.
194 Presence of accused
(1) Every criminal trial shall take place and the witnesses shall, except as is otherwise specifically provided by this Act or any other enactment, give their evidence viva voce in open
court in the presence of the accused, unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable, in which event the court may order him to be
removed and direct that the trial proceed in his absence.
(2) If the accused absents himself during the trial without leave, the court may direct a warrant to be issued to arrest him and bring him before the court forthwith.
(3) The court may, at any time during the trial, order that any or every person who is to be
called as a witness, other than the accused himself, shall leave the court and remain absent until
he is called, and that he shall remain in court after his evidence has been given.
(4) …
[Subsection repealed by s. 6 of Act No. 8 of 1997.]
(5) …
[Subsection repealed by s. 38 of Act No. 2 of 2016]
(6) …
[Subsection repealed by s. 6 of Act No. 8 of 1997.]
(7) …
[Subsection repealed by s. 6 of Act No. 8 of 1997.]
(8) …
[Subsection repealed by s. 6 of Act No. 8 of 1997.]
195 Concealment of identity of juvenile on trial
(1) No person shall at any time publish by radio or television or in any document produced
by printing or any other method of multiplication, the name, address, school or place of occupation or any other information likely to reveal the identity of any person under the age of
eighteen years who is being or has been tried in any court on a charge of having committed any
offence:
Provided that, if—
(a) the judge or magistrate presiding at the trial; or
(b) the Minister at any time after the trial;
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