Criminal Procedure and Evidence Act
Zimbabwe
350A.Community service orders
(1)
Subject to this section and to regulations made in terms of section three hundred and eighty-nine,
a court which convicts a person of any offence may, instead of sentencing him to imprisonment
or a fine, make a community service order requiring him to render service for the benefit of the
community or any section of the community for such number of hours as shall be specified in the
order.
(2)
Where a court makes community service orders in respect of two or more offences of which the
offender has been convicted, the court may direct that all or any of the hours of service specified in
any of the orders shall be concurrent with those specified in any other order, and in the absence of
such a direction the hours shall run concurrently.
(3)
A court which makes a community service order in respect of an offender may sentence the offender
to a fine and additionally, or alternatively, to imprisonment as an alternative punishment, to be
paid or served, as the case may be, if he fails to render the service specified in the order.
(4)
A court may make a community service order in respect of an offender even if he has been convicted
of an offence under an enactment which makes provision only for a fine and additionally, or
alternatively, imprisonment as punishment for the offence:
Provided that this subsection shall not apply where a minimum penalty is prescribed in the
enactment concerned as punishment for the offence.
[section inserted by section 18 of Act 8 of 1997]
350B.Performance of community service
(1)
Subject to this section and to such conditions and requirements as may be prescribed, an offender
in respect of whom a community service order is in force shall render the service specified in the
order for the number of hours specified therein.
(2)
Unless revoked, a community service order shall remain in force until the offender has rendered the
number of hours’ service specified in it.
[section inserted by section 18 of Act 8 of 1997]
350C.Breach of community service order
(1)
Subject to this section, if a magistrate has reason to believe, whether from information on oath
or otherwise, that an offender has failed to comply with any requirement of a community service
order, the magistrate may order the offender to be brought—
(a)
before the High Court, where the community service order was made by that court; or
(b)
before a magistrates court, where the community service order was made by that court;
for the purposes of subsection (3).
(2)
The magistrate may, if necessary for the purpose of an order under subsection (1), order the
offender to be arrested without warrant and, unless the offender is admitted to bail in terms of Part
XI, to be detained in prison.
(3)
If the court is satisfied that an offender who has been brought before it in terms of subsection (1)
has failed to comply with any requirement of a community service order, the court may—
(a)
amend or extend the order in such manner as the court thinks will best ensure that the
offender renders the service specified in the order; or
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