CRIMINAL PROCEDURE AND EVIDENCE ACT
is of the opinion that publication referred to in this subsection would in the circumstances of the
particular case be just and equitable and in the public interest or in the interests of any particular person, he may consent to such publication and the consent shall be conveyed by a document signed by the judge or the registrar of the High Court or by the magistrate or the clerk of
the magistrates court or by the Minister, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding four hundred dollars or to imprisonment for a period not exceeding twelve
months or to both such fine and such imprisonment.
196 Concealment of identity of complainant and witnesses in certain cases
(1) Where an accused is charged with committing or attempting to commit—
(a) any indecent act towards another person; or
(b) any act for the purpose of procuring or furthering the commission of an indecent act
towards or in connection with any other person; or
(c) extortion or a statutory offence of demanding from any other person some advantage
which is not due and, by inspiring fear in such person’s mind, compelling him to render
such advantage;
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, place of occupation or any
other information likely to reveal the identity of any person referred to in paragraph (a), (b) or
(c) or of any witness unless the judge or magistrate presiding at the trial, after consulting the
person concerned or, if he is a minor, his guardian, has given his consent in writing to such
publication conveyed in a document signed by the judge or the registrar of the High Court or by
the magistrate or the clerk of the magistrates court, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level seven or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.16
[Subsection amended by s. 4 of Act No. 22 of 2001.]
197 Identity of juvenile witness not to be revealed
(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 giving or has given or will give evidence at any trial unless the judge or
magistrate, after consulting the person concerned and his guardian, has given his consent to
such publication conveyed in a document signed by the judge or the registrar of the High Court
or by the magistrate or the clerk of the magistrates court or by the Minister, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level seven or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.
[Subsection amended by s. 4 of Act No. 22 of 2001.]
198 Conduct of trial
(1) The prosecutor may, at any trial before any evidence is given, address the court for the
purpose of explaining the charge and opening the evidence intended to be adduced for the
prosecution, but without comment thereon.
(2) The prosecutor—
(a) shall examine the witnesses for the prosecution; and
(b) may put in and read any documentary evidence which is admissible:
Provided that the prosecutor may, if the accused consents, put in the documentary
evidence without reading it.
The subsection was amended by sec 28 of Act No. 9 of 2006, purportedly to alter “$400” to “level
six”. The effect of this amendment is obscure.
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