Criminal Procedure and Evidence Act (ii) Zimbabwe a judge or magistrate shall not act in terms of this subsection unless facts which were not before the judge or magistrate who granted bail are brought to his attention. (2) In order to secure the presence before him of a person for the purpose of acting in terms of subsection (1), a judge or magistrate may issue a warrant for the arrest of the person and thereafter subsection (1) shall apply. (3) The provisions of section thirty-five shall apply, mutatis mutandis, in respect of a warrant issued in terms of subsection (2). 127. Person on bail may be arrested without warrant if about to abscond or interfere with witness (1) If a peace officer believes on reasonable grounds that a person to whom bail has been granted in terms of this Part is about to abscond for the purpose of evading justice or to interfere with the evidence against him, he may arrest the person without warrant and shall as soon as possible and in any event within forty-eight hours of the arrest, take him before a magistrate who may, upon being satisfied that the ends of justice would otherwise be defeated, commit the person to prison. (2) A person arrested in terms of subsection (1) shall be informed at the time of the arrest by the person arresting him of the cause of the arrest. [section amended by section 30 of Act 2 of 2016] 128. Release of sureties and death of surety (1) All or any sureties for the attendance and appearance of an accused person released on bail may at any time apply to the judge or magistrate before whom the recognizance was entered into to discharge the recognizance, either wholly or so far as relates to the applicants. (2) On an application in terms of subsection (1), the judge or magistrate shall issue a warrant of arrest directing that the accused be brought before him. (3) On the appearance of the accused pursuant to the warrant or on his voluntary surrender, the judge or magistrate shall direct the recognizances to be discharged, either wholly or so far as relates to the applicants, and shall call upon the accused to find other sufficient sureties, and if he fails to do so may commit him to prison. (4) When a surety to a recognizance dies before any forfeiture has been incurred, his estate shall be discharged from all liability in respect of the recognizance, but the accused may be required to find a new surety. 129. Rendering in court The sureties may bring the accused into the court at which he is bound to appear during any sitting thereof, and then, by leave of the court, render him in discharge of such recognizance at any time before sentence, and the accused shall be committed to a prison there to remain until discharged by due course of law but such court may admit the accused person to bail for his appearance at any time it thinks fit. 130. Sureties not discharged until sentence or discharge of accused The pleading or conviction of any accused person released on bail in terms of this Part shall not discharge the recognizance, but the same shall be effectual for his appearance during the trial and until sentence is passed or he is discharged: Provided that the court may commit the accused to a prison upon his trial or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance, and such commitment shall be a discharge of the sureties. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 65