Criminal Procedure and Evidence Act
Zimbabwe
Provided that the police officer shall first audibly demand admission to the premises and notify the
purpose for which he seeks to enter the premises.
(2)
56.
The proviso to subsection (1) shall not apply where the police officer concerned is on reasonable
grounds of the opinion that any article which is the subject of the search may be destroyed or
disposed of if the provisions of that proviso are first complied with.
Award of damages for false information on oath
Where any person falsely gives information on oath for the purposes of subsection (1) of section fifty
and a warrant is issued and executed on such information, and such person is in consequence of such
false information convicted of perjury or any statutory offence involving the making of a false statement
on oath, the court convicting such person may, upon the application of any person who has suffered
any damage in consequence of the unlawful entry, search or seizure, as the case may be, or upon the
application of the prosecutor acting on the instructions of that person, award compensation in respect of
such damage and the provisions of section three hundred and sixty-two shall apply, mutatis mutandis, to
the award.
57.
Search to be conducted in decent and orderly manner
A search of any person or premises in terms of this Part shall be conducted with strict regard to decency
and order, and section 41B(3) shall apply to the search of any person.
[section amended by section 49 of Act 2 of 2016]
58.
Custody and disposal of seized articles
(1)
Subject to subsection (2), a police officer who seizes any article referred to in section 49 or to whom
any such article is delivered in terms of this Part or to whom an article seized in terms of any other
enactment is delivered to be dealt with in terms of this Part, shall—
(a)
take it or cause it to be taken forthwith and delivered to a place of security under the control
of a police officer; and
(b)
have all relevant particulars in relation to it and its seizure entered in an inventory (which
may be an electronic inventory, provided that a manual or material back-up of the inventory
is maintained simultaneously) kept at the place of custody, namely a sufficient description
of the article, details of the date and particulars of the full receipt (if any) issued in relation
thereto, and the identification number and mark assigned to it; and
(c)
endeavour to ensure that the article, if vulnerable to damage or contamination from
moisture or dust, is kept free from contamination by moisture and dust, and that the place of
security where it is lodged is protected from access by unauthorised persons; and
(d)
be held, subject to section 59, until the criminal proceedings which are instituted in relation
to that article—
(i)
have been abandoned or discontinued or are concluded otherwise than with the
conviction of the accused, in which event the custodian police officer shall forthwith
restore any such article the accused or the owner thereof, as may be appropriate,
unless the article is one whose possession is intrinsically unlawful; or
(ii)
have resulted in the conviction of the accused, in which event the convicting court
shall—
(A)
order any such thing to be restored to the accused or the owner thereof, as may
be appropriate; or
(B)
order any such article to be forfeited to the State or destroyed.
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