Criminal Procedure and Evidence Act Zimbabwe 138. High Court may try case wherever offence committed Any person charged with committing an offence at any place may be tried by the High Court, wherever sitting. B. Summonses and charges in magistrates courts 139. Lodging of charges in magistrates court Where a public prosecutor has, by virtue of his office, determined to prosecute any person in a magistrates court for any offence within the jurisdiction of that court, he shall forthwith lodge with the clerk of the court a statement in writing of the charge against that person, describing him by his forename, surname, place of abode and occupation and setting forth shortly and distinctly the nature of the offence and the time and place at which it was committed. 140. Summons in magistrates court (1) The clerk of the magistrates court shall, upon or after the lodging of any charge, at the request of the prosecutor, issue and deliver to the messenger of the court a summons to the person charged to appear to answer the charge, together with so many copies of the said summons as there are persons to be summoned. (2) Except where otherwise specially provided by any enactment, the service upon an accused person of any summons or other process in a criminal case in a magistrates court shall be made by the prescribed officer, either by delivering it to the accused personally or, if he cannot conveniently be found, by leaving it for him at his place of business or most usual or last known place of abode with some inmate thereof. (3) The service of a summons may be proved by the testimony on oath of the person effecting the service or by his affidavit or by due return of service under his hand. (4) If, upon the day appointed for the appearance of any person to answer any charge, he fails to appear and the court is satisfied upon the return of the person required to serve the summons that he was duly summoned, the court may, on the request of the prosecutor, issue a warrant for the apprehension of the said person, and may also impose on him for his default a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. [subsection amended by section 4 of Act 8 of 1997 and section 4 of Act 22 of 2001] (5) The court may, upon cause shown, remit any fine or imprisonment imposed under subsection (4). (6) When a person under the age of eighteen years is summoned as aforesaid, the provisions of section 113A shall apply, mutatis mutandis. [subsection amended by section 49 of Act 2 of 2016] 141. Written notice to secure attendance of accused in magistrates court (1) If a person is alleged to have committed an offence and a peace officer, on reasonable grounds, believes that a magistrates court, on convicting such accused of that offence, will impose a fine not exceeding level three, the peace officer may, whether or not the accused is in custody, hand to the accused a written notice in the form prescribed which shall— (a) give such particulars as are necessary for giving reasonable information of the allegation: Provided that it shall not be necessary to cite the provision of the enactment under which he is charged; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 68