Criminal Procedure and Evidence Act (2) Zimbabwe Where an accused person who is in custody in respect of an offence applies to be admitted to bail— (a) (b) before a court has convicted him or her of the offence— (i) the prosecution shall bear the burden of showing, on a balance of probabilities, that there are compelling reasons justifying his or her continued detention, unless the offence in question is one specified in the Third Schedule; (ii) the accused person shall, if the offence in question is one specified in— (A) Part I of the Third Schedule, bear the burden of showing, on a balance of probabilities, that it is in the interests of justice for him or her to be released on bail, unless the court determines that, in relation to any specific allegation made by the prosecution, the prosecution shall bear that burden; (B) Part II of the Third Schedule, bear the burden of showing, on a balance of probabilities, that exceptional circumstances exist which in the interests of justice permit his or her release on bail; after he or she has been convicted of the offence, he or she shall bear the burden of showing, on a balance of probabilities, that it is in the interests of justice for him or her to be released on bail. [section inserted by section 28 of Act 2 of 2016] 116. Power to admit to bail Subject to this section and sections 32 and 34, a person may, upon an application made in terms of section 117A, be admitted to bail or have his or her conditions of bail altered— (a) in respect of any offence, by a judge at any time after he or she has appeared in court on a charge and before sentence is imposed; (b) in respect of any offence, except an offence specified in the Third Schedule, by a magistrate within whose area of jurisdiction the accused is in custody at any time after he or she has appeared in court on a charge and before sentence is imposed: Provided that, with the personal consent of the Prosecutor-General, a magistrate may admit a person to bail or alter a person’s conditions of bail in respect of any offence; (c) if he or she is a person whose case is adjourned in terms of section 55(1) of the Magistrates Court Act [Chapter 7:10] or in respect of whom an order has been made in terms of section 351(4), by a judge or by any magistrate within whose area of jurisdiction he or she is in custody: Provided that— (i) the Prosecutor-General, in the case of any application to a judge, in terms of section 117A, or the local public prosecutor, in the case of any application to a magistrate in terms of section 117A, shall be given reasonable notice of any such application; (ii) where an application in terms of section 117A is determined by a judge or magistrate, a further application in terms of section 117A may only be made, whether to the judge or magistrate who has determined the previous application or to any other judge or magistrate, if such application is based on facts which were not placed before the judge or magistrate who determined the previous application and which have arisen or been discovered after that determination; (iii) a magistrate shall not, without the personal consent of the Prosecutor-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. [section substituted by section 9 of Act 9 of 2006] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 55