CRIMINAL PROCEDURE AND EVIDENCE ACT 316 Impeachment and support of witness credibility It shall be competent for any party in criminal proceedings to impeach or support the credibility of any witness called against or on behalf of that party in any manner and by any evidence in and by which, if the proceedings were before the Supreme Court of Judicature in England, the credibility of such witness might be impeached or supported by such party, and in no other manner and by no other evidence whatever: Provided that any such party who has called a witness who has given evidence in any such proceedings, whether that witness is or is not, in the opinion of the judge or judicial officer presiding at such proceedings, adverse to the party calling him, may, after the said party or the said judge or judicial officer has asked the witness whether he has or has not previously made a statement with which his testimony in the said proceedings is inconsistent and after sufficient particulars of the alleged previous statement to designate the occasion when it was made have been mentioned to the witness, prove that he previously made a statement with which his said testimony is inconsistent. 317 Cases not provided for by this Part In criminal proceedings, in any case not provided for in this Part, the law as to admissibility of evidence and as to the competency, examination and cross-examination of witnesses in force in criminal proceedings in the Supreme Court of Judicature in England shall be followed in like cases by the courts of Zimbabwe. 318 English laws applicable The laws in force in the Supreme Court of Judicature in England which are applied by this Act shall not include any amendment thereto made on or after the 1st June, 1927, by any statute of England. 319 Saving as to special provisions in any other enactment Nothing in this Part shall be construed as modifying those provisions of any enactment whereby in any criminal matter specially referred to or provided in such enactment a person is deemed to be a competent witness or certain specified facts and circumstances are deemed to be evidence, or a particular fact or circumstance may be proved in a manner specified therein. PART XIVA PROTECTION OF VULNERABLE WITNESSES 319A Interpretation in Part XIVA In this Part⎯ “intermediary” means a person appointed as an intermediary in terms of paragraph (i) of section three hundred and nineteen B: “support person” means a person appointed as a support person in terms of paragraph (ii) of section three hundred and nineteen B; “vulnerable witness” means a person for whom any measure has been or is to be taken in terms of section three hundred and nineteen B 319B Measures to protect vulnerable witnesses If it appears to a court in any criminal proceedings that a person who is giving or will give evidence in the proceedings is likely— (a) to suffer substantial emotional stress from giving evidence; or (b) to be intimidated, whether by the accused or any other person or by the nature of the proceedings or by the place where they are being conducted, so as not to be able to give evidence fully and truthfully; the court may, subject to this Part, do any one or more of the following, either mero motu or on the application of a party to the proceedings— (i) appoint an intermediary for the person; (ii) appoint a support person for the person; 116

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