Criminal Procedure and Evidence Act Zimbabwe 131. Deposit instead of recognizance (1) When any person is required by any judge or magistrate to enter into recognizances, with or without sureties, under this Act, such judge or magistrate may, except in the case of a bond for good behaviour, instead of causing such recognizances to be entered into, permit him or some person on his behalf to deposit a sum of money or Government securities or other property of any description whatsoever acceptable to the Prosecutor-General to such amount as the judge or magistrate may fix. (2) Conditions in writing shall be made in respect of any deposit in terms of subsection (1) of money, securities or property of the same nature as the conditions prescribed by this Part in respect of recognizances, and all the provisions of this Part prescribing the circumstances in which recognizances taken from the accused or an appellant, as the case may be, alone shall be forfeited, his arrest if about to abscond and remission of forfeited bail shall apply, mutatis mutandis, in respect of any such deposit of money, securities or property. 132. Admission to bail by police (1) Except where the charge against an accused person is one of the offences specified in the Fifth Schedule, any police officer of or above the rank of assistant inspector, or a police officer of whatever rank in charge of a police station, may, at a police station and at such times as no judicial officer is available, admit to bail an accused person who makes or on whose behalf is made a deposit of such sum of money as such police officer may in the particular circumstances fix. (2) The provisions of section one hundred and thirty-one as to conditions, forfeiture and remission of forfeited bail shall apply, mutatis mutandis, in respect of any deposit of money made under subsection (1). 133. Provision in case of default in conditions of recognizance If it appears to the judge or magistrate who admitted the accused to bail that default has been made in any condition of the recognizance or if it appears to a judge or magistrate of the court before which an accused person has to appear in terms of any recognizance that default has been made in any condition of such recognizance, such judge or magistrate may— (a) issue an order declaring the recognizance forfeited and such order shall have the effect of a judgment on the recognizance for the amounts therein named against the person admitted to bail and his sureties respectively; (b) issue a warrant for the arrest of the person admitted to bail and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, commit him when so arrested to prison until his trial. 134. Remission of bail The Prosecutor-General may, in his discretion, remit the whole or any portion of any amount forfeited under section ninety-seven or this Part and may, where a portion of such amount has been remitted, enforce payment in part only. 135. Release of juvenile offenders without bail (1) When a person under the age of eighteen years is accused of any offence other than treason, murder or rape, any judge, magistrate or police officer who has power under this Part to admit the said person to bail may, instead of admitting him to bail or instead of detaining him— (a) release him without bail and warn him to appear before a court or magistrate at a time and on a date then fixed by the judge, magistrate or police officer; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 66