CHAPTER 9:07 CRIMINAL PROCEDURE AND EVIDENCE ACT Order-in-Council, 1898 (ss. 55 and 56); Ords. 4/1899, 10/1908, 13/1912; Acts 8/1924, 19/1926, 4/1927, 18/1927, 5/1932, 7/1933, 1/1934, 19/1936 (ss. 3, 4, 5 and 6), 37/1938 (ss. 24 and 25), 19/1942 (ss. 3 and 4), 22/1942 (s. 12), 25/1948 (s. 24), 52/1949, 27/1950, 14/1952, 56/1953 (s. 4), 6/1955, 9/1955 (Federal s. 126), 17/1957 (Federal s. 25), 4/1958 (s. 10), 24/1958, 72/1959, 10/1960, 53/1960 (ss. 55, 56 and 57), 24/1962 (s. 2), 32/1962, 43/1962 (s. 2), 18/1963 (s. 24), 21/1963, 12/1964 (ss. 14, 15 and 16), 22/1964 (s. 54), 69/1964, 18/1965, 44/1966 (s. 20), 58/1966, 11/1968 (s. 17), 12/1969, 22/1972 (s. 91), 24/1972 (ss. 3, 4 and 5), 11/1973 (s. 14), 32/1973, 42/1973 (s. 13), 61/1973 (s. 2), 37/1975, 48/1976 (s. 82), 50/1976, 38/1977 (s. 7), 31/1978, 41/1978 (s. 5), 17/1979 (s. 8), 15/1981 (s. 66), 29/1981 (s. 59), 15/1982 (s. 3), 3/1983, 31/1983 (s. 7), 15/1985 (s. 13), 25/1985 (s. 13), 32/1985, 17/1986, 24/1989, 4/1990, 27/1990, 1/1992, 2/1992, 22/1992 (s. 3), 15/1994, 20/1994, 8/1997, 8/1997, 9/1997 (s. 10), 8/1998, 9/1999 (s. 82), 14/1999 (s. 29), 8/2001 (s. 26), 22/2001 (s. 3), 22/2001 (s. 4), 23/2001 (s. 49), 1/2002 (s. 44); RGN.s 153/1963, 801/1963, 91/1964, 214/1964, 295/1964, 386/1964, 217/1970 as read with Act 29/1970 (s. 16), 313/1970, 1092/1970, 1116/1970, 416/1972, 327/1977 (s. 3); SI.s 589/1979 (s. 3). ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Proceedings to which Act applies. 4. Neither acquittal nor conviction a bar to civil action for damages. PART II PROSECUTION AT PUBLIC INSTANCE A. Attorney-General 5. Criminal proceedings in name of State. 6. Delegation of functions of Attorney-General. 7. Director of Public Prosecutions. 8. Presiding officer may appoint prosecutor in certain cases. 9. Attorney-General's power of stopping prosecutions. 10. Power of ordering liberation of persons committed for further examination, sentence or trial. B. Local public prosecutor 11. Functions of local public prosecutor. PART III PRIVATE PROSECUTIONS 12. Interpretation in Part III. 13. Private prosecution on refusal of Attorney-General to prosecute. 14. What other persons entitled to prosecute. 15. Private prosecutor may apply to court for warrant. 16. Certificate of Attorney-General that he declines to prosecute. 17. Recognizances to be entered into by private prosecutor. 18. Failure of private prosecutor to appear on appointed day. 19. Mode of conducting private prosecutions. 20. Competency of Attorney-General to take up and conduct prosecution at public instance. 21. Deposit of money by private prosecutor. 22. Costs of private prosecution. PART IV PRESCRIPTION OF OFFENCES 23. Prescription of offences. PART V ARRESTS A. Without warrant 24. Arrest and verbal order to arrest. 25. Arrest without warrant by peace officer or other officer. 26. Power of peace officer to call for name and address of certain persons. 27. Arrest by private person for certain offences committed in his presence. 28. Arrest by private person in case of affray. 29. Owners of property may arrest in certain cases. 30. Arrest by private person for certain offences on reasonable suspicion. 31. Arrest of persons offering stolen property for sale. 32. Procedure after arrest without warrant. B. With warrant 33. Warrant of arrest by judge, magistrate or justice. 34. Execution of warrant. 35. Telegram, radio message or entry in Police Gazette to be authority for execution of warrant. 36. Arresting wrong person. 37. Irregular warrant or process. 38. Tenor of warrant. C. General 39. Assistance by private persons called on by officers of the law. 40. Breaking open of doors after failure in obtaining admission for purpose of arrest or search. 41. Arrest-how made, and search thereon of person arrested. 42. Resisting arrest. 43. Power to retake on escape. 44. Penalties for escape or aiding escape from lawful custody other than from prison. 45. Saving of other powers of arrest. 46. Saving of civil rights. PART VI SEARCH WARRANTS, SEIZURE, DETENTION AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES AND CUSTODY OF WOMEN UNLAWFULLY DETAINED FOR IMMORAL PURPOSES 47. Interpretation in Part VI. 48. Savings as to certain powers conferred by other enactments. 49. State may seize certain articles. 50. Article to be seized under warrant. 51. Search and seizure without warrant. 52. Seizure of article on arrest or detention of person carrying same. 53. Search by occupier of land. 54. Entering of premises for purposes of obtaining evidence. 55. Resistance against entry or search. 56. Award of damages for false information on oath. 57. Search to be conducted in decent and orderly manner. 58. Disposal by police officer of article after seizure. 59. Disposal of article where no criminal proceedings are instituted, where it is not required for criminal proceedings or where accused admits his guilt. 60. Article to be transferred to court for purposes of trial. 61. Disposal of article after commencement of criminal proceedings. 62. Forfeiture of article to State. 63. Disposal of article concerned in offence committed outside Zimbabwe. 64. Women detained for immoral purposes. PART VII PREPARATORY EXAMINATIONS A. Securing presence of accused 65. Summons to appear at preparatory examination. 66. Contents of summons. 67. If juvenile is summoned, his parent or guardian may be summoned also. B. Procedure on preparatory examination 68. Commencement of preparatory examination. 69. Accused must be in his sound and sober senses. 70. Public excluded from preparatory examination. 71. Irregularities not to affect proceedings. 72. Magistrate may remand case when accused prejudiced by variance. 73. Subpoenaing of witnesses. 74. Arrest and punishment for failure to obey subpoena or to remain in attendance. 75. When tender of witness' expenses not necessary. 76. Witness refusing to be examined or to produce may be committed. 77. Procedure where trial in magistrates court has been turned into preparatory examination. 78. Evidence on oath at preparatory examination. 79. Recognizance of witness to appear on trial. 80. Absconding witness may be arrested. 81. Witness refusing to enter into recognizance. 82. Restriction on powers of committing witnesses for detention. 83. Procedure at conclusion of State case. 84. Evidence given or statements made by accused or refusal of accused to answer questions may be used as evidence against him. 85. Saving as to admissions. 86. Admission of previous convictions by accused at conclusion of preparatory examination. 87. Discharge of accused at preparatory examination. 88. Attorney-General may appeal against discharge at preparatory examination. C. Committal of accused 89. Committal of accused for trial. 90. Proceedings on admission of guilt. 91. Committal by magistrate if offence committed in province or regional division other than his own. 92. Removal of accused from prison in one area of jurisdiction to prison in another. 93. Committal for further examination. D. Magistrates before whom preparatory examinations may be held 94. When offence committed on boundaries of provinces or regional divisions or on journey or on railway. 95. Provinces or regional divisions in which preparatory examinations may be held. E. Special powers and duties of magistrate on preparatory examination 96. Discretionary powers of magistrate. 97. Forfeiture of recognizance. 98. Local inspections. 99. Labeling of exhibits. 100. Record of preparatory examination to be sent to Attorney-General. F. Consideration of preparatory examination by Attorney-General 101. Powers of Attorney-General. G. General 102. How remitted cases to be dealt with. 103. Accused to be committed for trial by magistrate before trial in High Court. 104. Persons committed for trial or sentence entitled to receive copy of record of preparatory examination. 105. Person under trial may inspect copy of record of preparatory examination. 106. Record of evidence in absence of accused. 107. Duty of magistrate to take evidence as to alleged offence in cases where actual offender not known or suspected. 108. Access to accused by friends and legal advisers. 109. True copy of warrant of commitment to be furnished to prisoners. 110. Summary committal for trial of accused person. 111. Information provided by accused or failure of accused to mention fact relevant to his defence may be used as evidence against him. PART VIII CONFIRMATION OF EXTRA-CURIAL STATEMENTS 112. Interpretation in Part VIII. 113. Confirmation or investigation of statement. 114. Record of proceedings in terms of this Part to be evidence on production thereof. 115. Failure to mention fact relevant to allegation may be used as evidence. PART IX BAIL 116. Power to admit to bail. 117. Application for bail. 118. Conditions of recognizance. 119. Recognizance to be forfeited on failure of accused to appear at trial. 120. Excessive bail not to be required. 121. Appeal to judge in respect of bail or recognizances. 122. 123. Power to admit to bail pending appeal or review. 124. 125. Insufficiency of sureties. 126. Alteration of recognizances or committal of person on bail to prison. 127. Person on bail may be arrested without warrant if about to abscond or interfere with witness. 128. Release of sureties and death of surety. 129. Rendering in court. 130. Sureties not discharged until sentence or discharge of accused. 131. Deposit instead of recognizance. 132. Admission to bail by police. 133. Provision in case of default in conditions of recognizance.