Criminal Procedure and Evidence Act (d) Zimbabwe the cost of different sentences and their relative effectiveness in rehabilitating offenders and reducing crime. (7) Unless a judicial conference agrees upon some other form, draft sentencing guidelines shall be in the form of a table of presumptive penalties supplemented by additional guidelines addressing such of the factors referred to in subsection (5) as are relevant to each offence or class of offence included in the table. (8) As soon as practicable after a judicial conference has formulated draft sentencing guidelines, the Judicial Service Commission shall approve them, with or without amendments, for submission to the Minister in terms of subsection (9). (9) As soon as practicable after approving the draft sentencing guidelines, with or without amendments, the Judicial Service Commission shall, subject to subsection (10), submit them to the Minister for publication as regulations in terms of section 389, and upon such publication the courts shall pay due regard to the applicable sentencing guidelines when sentencing offenders and, while not being bound by the guidelines, must, when departing from them in any case, record the reasons for doing so. (10) The Minister must publish the draft sentencing guidelines substantially in the form in which he or she receives them from the Judicial Service Commission, unless he or she has any substantial objections to them, in which event the Minister must return them (together with written notification of his or her objections and of the reasons for them) to Judicial Service Commission for consideration of his or her objections by the Judicial Service Commission or, if the Commission so determines, at the next judicial conference following the notification of his or her objections. (11) If after notification of the Minister’s objections to the draft sentencing guidelines the Judicial Service Commission or, as the case may be, the next judicial conference— (12) (a) upholds the Minister’s objections, the Judicial Service Commission shall resubmit them with the appropriate amendments to the Minister for publication as regulations in terms of section 389; (b) declines, in whole or in part, to uphold the Minister’s objections, the Judicial Service Commission shall resubmit them, together with the reasons for the Commission or the judicial conference so declining, to the Minister, who may thereupon— (i) publish them substantially in the form in which he or she first received them from the Judicial Service Commission; or (ii) publish such part of them as the Minister did not object to in his or her original notification of objections under subsection (7); or (iii) refuse to publish them as regulations in terms of section 389. Sentencing guidelines may be amended, replaced or revoked by a subsequent judicial conference, and thereupon subsections (5) to (11) shall apply to such amendment, replacement or revocation. [section inserted by section 41 of Act 2 of 2016] 335. Consideration of other offences admitted by accused (1) Upon convicting an accused of any offence, the court may, with the prosecutor’s consent and on application by the accused, pass sentence upon the accused for other untried offences as if they had been separately charged if the court is satisfied that the accused freely and voluntarily admits having committed those other offences. (2) Notwithstanding anything to the contrary in section 56 of the Magistrates Court Act [Chapter 7:10], a magistrates court may, in terms of subsection (1), pass sentence upon the accused for an offence notwithstanding the fact that no act, omission or event which is an element of the offence took place in the province or regional division for which the court is established. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 132

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents