Criminal Procedure and Evidence Act Zimbabwe 39B. Police officers may restrain, etc., persons in certain circumstances without intention to arrest (1) In the exercise of a police officer’s socially protective function, a police officer may— (a) without intending to charge a person with an offence or without having formed the intention to charge a person with an offence; and (b) by the of use such force as is reasonably justifiable and proportionate in the circumstances of the case (but never by the use of lethal force) to overcome any resistance on the part of the person concerned or to prevent the person concerned from escaping; physically restrain a person and remove him or her to a police station or charge office, and there detain that person for a period of not more than twenty-four hours, in either of the circumstances specified in subsection (2). (2) A police officer may exercise the powers referred to in subsection (1) in either of the following circumstances— (a) where the person concerned is found not to be in his or her sound or sober senses (whether by reason of intoxication or a mental disorder or defect)— (i) in a public place; or (ii) in a private place or private residence where the owner or any lawful occupier thereof requests the intervention of a police officer; or (b) where there are compelling reasons (the proof whereof rests with the police officer concerned) for so restraining, removing and detaining the person concerned: Provided that if a decision to charge a person so restrained, removed and detained with an offence is not made within twenty-four hours, the person must be released unconditionally no later than the expiry of that period. (3) Whenever the police exercise their powers in terms of subsection (1), the police shall, as soon as possible, record in their occurrence book as defined in section 47, the particulars of the detained person and the reasons for such detention. [section inserted by section 11 of Act 2 of 2016] 40. Breaking open of doors after failure in obtaining admission for purpose of arrest or search It shall be lawful for any peace officer or private person, who by law is authorized to arrest any person known or suspected to have committed any offence, to break open for that purpose the doors and windows of, and to enter and search, any premises in which the person whose arrest is required is known or suspected to be: Provided that such officer or private person aforesaid shall not act under this section— (a) if directions, whether general or specific, to the contrary have been given to him by a superior officer or other person placed in authority over him; (b) unless he has previously failed to obtain admission after having audibly demanded admission and notified the purpose for which he seeks to enter such premises. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18