Criminal Procedure and Evidence Act Zimbabwe (3) Where a court has imposed upon an offender a sentence of a fine without an alternative referred to in paragraph (a) or (b) of subsection (1) and the fine has not been paid in full or has not been recovered in full by a levy in terms of section three hundred and forty-eight, the court may issue a warrant directing that the offender be arrested and brought before the court, which may thereupon impose such sentence of imprisonment and additionally, or alternatively, permit him to render such community service, as is provided in subsection (1). (4) Nothing in this section shall be construed as limiting the power of a court under section three hundred and fifty-eight to postpone or suspend any sentence. (5) A court may exercise the powers conferred upon it by this section even in relation to an offence prescribed in an enactment which purports— (a) to limit the duration of a sentence of imprisonment that may be imposed as an alternative to a fine; or (b) to permit only a sentence of imprisonment to be imposed as an alternative to a fine: Provided that this subsection shall not apply where a minimum penalty is prescribed in the enactment concerned as punishment for the offence. [section substituted by section 15 of Act 8 of 1997] 348. Recovery of fine (1) When an offender is sentenced to pay a fine, the court passing the sentence may in its discretion issue a warrant addressed to the Sheriff or messenger of the court authorizing him to levy the amount by attachment and sale of any movable property belonging to the offender, although the sentence directs that in default of payment of the fine the offender shall be imprisoned or shall be permitted to render community service. [subsection amended by section 16 of Act 8 of 1997] (2) The amount which may be levied in terms of subsection (1) shall be sufficient to cover, in addition to the fine, the costs and expenses of the warrant and of the attachment and sale thereunder. (3) A warrant in terms of subsection (1), if issued by the High Court, may be executed anywhere within Zimbabwe. (4) A warrant in terms of subsection (1), if issued by a magistrate, shall authorize the attachment and sale of the movable property of the offender within the local limits of such magistrate’s jurisdiction, and also without such limits when endorsed by a magistrate having jurisdiction in the place where the property is found. (5) If the proceeds of the sale of the movable property are insufficient to satisfy the amount of the fine and the costs and expenses aforesaid, the High Court may issue a warrant or, in the case of a sentence by a magistrates court, may authorize such magistrates court to issue a warrant for the levy against the immovable property of the offender of the amount unpaid. (6) Where a court issues a warrant under this section, it may suspend the execution of any sentence of imprisonment imposed as an alternative to the fine and may release the offender upon his executing a bond with or without sureties as the court thinks fit, conditioned for his appearance before the court or some other court on the day appointed for the return of the warrant, such day not being more than fifteen days from the time of executing the bond, and in the event of the amount of the fine not having been recovered, the sentence of imprisonment may be carried into execution at once or may be suspended as before for a further period or further periods of not more than fifteen days, as the court thinks fit. [subsection amended by section 16 of Act 8 of 1997] (7) In any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith, the court may require the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 138