Criminal Procedure and Evidence Act Zimbabwe (ii) pending the determination by the High Court of his appeal; or (iii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the High Court or by any magistrate within whose area of jurisdiction he is in custody: [paragraph amended by section 10 of Act 9 of 1997] Provided that— (2) (i) the Prosecutor-General, in the case of any application to a judge in terms of this subsection, or the local public prosecutor, in the case of any application to a magistrate in terms of this subsection, shall be given reasonable notice of any such application; (ii) where an application in terms of this subsection is determined by a judge or magistrate, a further application in terms of this subsection may only be made, whether to the judge or magistrate who has determined the previous application or any other judge or magistrate, if such application is based on facts which were not placed before the judge or magistrate who determined the previous application and which have arisen or been discovered after that determination. (iii) a magistrate shall not, without the consent of the Prosecutor-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. Sections 117 and 117A shall, with any changes that may be necessary, apply to this section. [subsection amended by section 12 of Act 9 of 2006] (3) [subsection 3 repealed by section 12 of Act 9 of 2006] (4) [subsection 4 repealed by section 12 of Act 9 of 2006] (5) [subsection 5 repealed by section 12 of Act 9 of 2006] (6) [subsection 6 repealed by section 12 of Act 9 of 2006] (7) If a judge or magistrate refuses an application for bail referred to in subsection (1), he may— (8) (a) direct that the person be treated as an unconvicted prisoner pending the determination of his appeal, application or review, as the case may be; or (b) postpone the payment of any fine. The time during which a person, pending the determination of an appeal, application or review, is— (a) admitted to bail; or (b) subject to any direction which the Supreme Court or High Court may give to the contrary on any appeal or review, treated as an unconvicted prisoner in terms of this section; shall not count as part of any term of imprisonment under his sentence. (9) (10) The term of imprisonment of a person shall be resumed or begin to run, as the case requires— (a) if such person is treated as an unconvicted prisoner in terms of this section, subject to any directions which the Supreme Court or the High Court may give to the contrary, as from the day on which the appeal, application or review is determined; or (b) if such person is admitted to bail in terms of this section, as from the day on which he is received into prison under his sentence. A recognizance shall be taken on the admission of a person to bail either from that person alone or from him and one or more sureties, in the discretion of the judge or magistrate according to the nature and circumstances of the case, and it shall be a condition of such recognizance that By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 63