Criminal Procedure and Evidence Act (4) Zimbabwe If a person arrested by virtue of a warrant is charged with any offence referred to in(a) paragraph 10 of the Third Schedule, and the judicial officer before whom the person is brought in terms of this section is satisfied that there is a reasonable suspicion that the person committed the offence, the judicial officer shall order that person’s continued detention for a period of twenty-one days; or (b) the Ninth Schedule and there is produced to the judicial officer before whom the person is brought in terms of this section a certificate issued by or on behalf of the Prosecutor-General in the same terms as those specified in subsection (3b) of section thirty-two, the judicial officer shall, if satisfied that there is a reasonable suspicion that the person committed the offence, order that person’s continued detention for a period of twenty-one days or the lesser period specified in the Prosecutor-General’s certificate. [subsection (4) inserted by section 4 of Act 14 of 2004] (5) A person referred to in subsection (4) shall, unless the charge or charges against him or her are earlier withdrawn, remain in detention for twenty-one days or the lesser period specified in a certificate mentioned in paragraph (b) of subsection (4), as the case may be, from the date when an order for the person’s further detention was issued in terms of that subsection, and no court shall admit such person to bail during that period. Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not more than forty-eight hours beginning on the date when the order for the person’s further detention is issued, make a report to the Prosecutor-General on the progress of the investigations into the charge or charges against the person in detention, and if the Prosecutor-General is satisfied on the basis of any such report that the person’s detention is no longer justified, the ProsecutorGeneral may order the immediate and unconditional release of the detained person. [subsection (5) inserted by section 4 of Act 14 of 2004. Proviso inserted by Act 23 of 2004 and amended by section 28 of Act 9 of 2006] (6) A person referred to in subsection (4) may continue to be detained after the expiry of the period referred to in subsection (5) pending the outcome of investigations into the charge or charges against him or her if (without prejudice to the person’s right to apply for bail) an order or warrant for that person’s further detention is obtained from a judge or magistrate within forty-eight hours of the expiry of the period referred to in subsection (5). [subsection (6) inserted by section 4 of Act 14 of 2004] 35. Arrest on wireless or telegraphic transmission of warrant A communication which— (a) sets out or substantially outlines the terms of a warrant issued in terms of section 33; and (b) is sent or communicated electronically or in an official publication; shall be sufficient authority for the arrest of the person named in the warrant as if it were the original warrant. [section substituted by section 10 of Act 2 of 2016] 36. Arresting wrong person (1) Any person duly authorized to execute a warrant of arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16