Criminal Procedure and Evidence Act Zimbabwe (b) release him without bail to the care of the person in whose custody he is and warn that person to bring him or cause him to be brought before a court or magistrate at a time and on a date then fixed as aforesaid; or (c) place him in a place of safety as defined in section 2 of the Children’s Act [Chapter 5:06] pending his appearance before a court or magistrate or until he is otherwise dealt with according to law. [paragraph amended by section 49 of Act 2 of 2016] (2) Any person who, having been warned in terms of paragraph (b) of subsection (1), fails without reasonable excuse, the burden of proof of which shall rest upon him, to act in accordance with that warning, shall be guilty of an offence and liable to a fine not exceeding level three or, in default of payment, to imprisonment for a period not exceeding one month. [subsection amended by section 28 of Act 9 of 2006] Part X – Indcitments, summonses and charges A. Indictments in High Court 136. Charge in High Court to be laid in indictment (1) When a person charged with an offence has been committed for trial or sentence and it is intended to prosecute him before the High Court, the charge shall be in writing in a document called an indictment. (2) Where the prosecution is at the public instance, the indictment shall be in the name of the Prosecutor-General and shall be signed by the Prosecutor-General or by a member of the National Prosecuting Authority authorised by him or her. [subsection substituted by section 31 of Act 2 of 2016] (3) When the prosecution is a private one, the indictment shall be in the name of the party at whose instance it is preferred (who must be described therein with certainty and precision) and must be signed by such private party or by his legal representative. (4) It shall not be competent for two or more persons to prosecute in the same indictment, except in a case where two or more persons have been injured by the same offence. (5) The service upon an accused person of any indictment, together with any notice of trial thereof, shall be made by the person and in the manner provided by rules of court. (6) When a person under the age of eighteen years is served with an indictment and notice of trial as aforesaid, the provisions of section 113A shall apply, mutatis mutandis: Provided that where any reference is made to a direction by a magistrate, that shall be read as a reference to a direction by a judge. [subsection amended by section 49 of Act 2 of 2016] 137. When case is pending As soon as the indictment in any criminal case brought in the High Court has been duly lodged with the registrar of that court, such case shall be deemed to be pending in that court. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 67