Criminal Procedure and Evidence Act
(8)
Zimbabwe
The person for the time being in charge of the place where a person is being detained following his
or her arrest, under this Act or any other enactment and whether with or without warrant, shall
ensure that the conditions of detention are consistent with human dignity, including—
(a)
the affording of a reasonable opportunity for the detained person to engage in physical
exercise; and
(b)
the right of the detained person to wear clothing of his or her choice, unless—
(i)
the exercise of the right is likely to prejudice his or her health or the reasonable
requirements of discipline in the place where he or she is detained; or
(ii)
the clothing is required for the purposes of any investigation or inquiry;
whereupon, in either case, he or she must be provided with decent alternative clothing to
wear; and
(c)
(9)
the provision, at State expense, of—
(i)
adequate accommodation; and
(ii)
adequate ablution facilities and other facilities for maintaining personal hygiene; and
(iii)
adequate nutrition; and
(iv)
appropriate reading material; and
(v)
adequate medical treatment; and
(vi)
such other facilities as may be prescribed.
A person who is being detained following his or her arrest, under this Act or any other enactment
and whether with or without warrant, shall be entitled to challenge the lawfulness of the detention
in person before a court, and the person for the time being in charge of the place where he or she is
being detained shall cause him or her to be informed of this right promptly.
[section inserted by section 13 of Act 2 of 2016]
41B. Bodily samples for investigation purposes
(1)
(2)
An authorised person may take a bodily sample of a person or group of persons, or supervise the
taking of a bodily sample from any person or group of persons, if the person or persons concerned
consent to such sample being taken at the verbal or written request of a peace officer who is
satisfied that there are reasonable grounds—
(a)
to suspect that the person, or any one or more persons in a group of persons, has committed
an offence; or
(b)
for believing that the bodily sample and the resulting forensic DNA analysis thereof will be
of value in the investigation of an offence by excluding or including one or more persons as
possible perpetrators of the offence.
If a person does not consent to the taking of a bodily sample, a warrant may be issued by a judge
or magistrate upon written request by a police officer who is of or above the rank of inspector, if it
appears from written information given by the police officer under oath that there are reasonable
grounds—
(a)
to suspect that the person named in the information, or any one or more persons in a group
of persons so named, has committed an offence; or
(b)
for believing that the bodily sample and the resulting forensic DNA analysis thereof will be of
value in the investigation of an offence by excluding or including one or more named persons
as possible perpetrators of the offence.
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