Further particulars (Zimbabwe): Difference between revisions
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If the prosecution case is not clear, further particulars should be sought in terms of s 177 CPEA. Even though the charge may comply with s 146 CPEA, the legal practitioner may still find that he requires further particulars in order to prepare the defence. For example, in a case of negligent driving the charge may give the required details as to date and place of the offence but the defence is still entitled to ask for particulars of the alleged negligence in order to prepare for trial. These particulars should be requested from the prosecutor. If the prosecutor refuses to supply such particulars, the defence lawyer can apply to the court for an order in terms of s 177 CPEA that such further particulars must be supplied. | If the prosecution case is not clear, further particulars should be sought in terms of s 177 CPEA. Even though the charge may comply with s 146 CPEA, the legal practitioner may still find that he requires further particulars in order to prepare the defence. For example, in a case of negligent driving the charge may give the required details as to date and place of the offence but the defence is still entitled to ask for particulars of the alleged negligence in order to prepare for trial. These particulars should be requested from the prosecutor. If the prosecutor refuses to supply such particulars, the defence lawyer can apply to the court for an order in terms of s 177 CPEA that such further particulars must be supplied. | ||
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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | |||
Latest revision as of 22:23, 28 June 2010
If the prosecution case is not clear, further particulars should be sought in terms of s 177 CPEA. Even though the charge may comply with s 146 CPEA, the legal practitioner may still find that he requires further particulars in order to prepare the defence. For example, in a case of negligent driving the charge may give the required details as to date and place of the offence but the defence is still entitled to ask for particulars of the alleged negligence in order to prepare for trial. These particulars should be requested from the prosecutor. If the prosecutor refuses to supply such particulars, the defence lawyer can apply to the court for an order in terms of s 177 CPEA that such further particulars must be supplied.