Criminal Procedure and Evidence Act
(2)
37.
Zimbabwe
Any person called on to assist the person making such arrest and believing that the person in whose
arrest he is called on to assist is the person for whose arrest the warrant was issued, and every
officer in charge of a prison who is required to receive and detain such person, shall be protected to
the same extent and subject to the same provisions as if the arrested person had been the person
named in the warrant.
Irregular warrant or process
Any person acting under a warrant or process which is bad in law, on account of a defect in substance or
in form apparent on the face of it, shall, if he in good faith and without culpable ignorance and negligence
believes that the warrant or process is good in law, be protected from responsibility to the same extent and
subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall
in such case be an excuse:
Provided that it shall be a question of law whether the facts of which there is evidence may or may not
constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.
38.
Tenor of warrant
Any warrant issued under this Act shall be to apprehend the person described therein and to bring him
before a judicial officer as soon as possible upon a charge of an offence mentioned in the warrant.
C. General
39.
Assistance by private persons called on by officers of the law
(1)
Every male inhabitant of Zimbabwe between the ages of sixteen and sixty is, when called upon by
any police officer, authorized and required to assist that police officer in making any arrest which
by law that police officer is authorized to make of any person charged with or suspected of the
commission of any offence, or to assist that police officer in retaining the custody of any person so
arrested.
(2)
Any inhabitant of Zimbabwe referred to in subsection (1) who, without sufficient excuse, refuses
or fails to assist when called upon to do so shall be guilty of an offence and liable to a fine not
exceeding level four or to imprisonment for a period not exceeding three months or to both such
fine and such imprisonment.
[subsection amended by section 4 of Act 22 of 200 and by section 49 of Act 2 of 2016]
39A. Voluntary attendance at police station or charge office
Where for purposes of assisting the police with an investigation a person attends voluntarily at a police
station or charge office or voluntarily accompanies a police officer to a police station or charge office
without having been arrested—
(a)
he or she shall be entitled to leave the police station or charge office at will unless he or she is
placed under arrest; and
(b)
he or she shall be informed promptly that he or she is under arrest if a decision is taken to arrest
him or her on reasonable suspicion that he or she has committed an offence.
[section inserted by section 11 of Act 2 of 2016]
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