Criminal Procedure and Evidence Act (iii) (b) Zimbabwe Where such magistrate is not a regional magistrate, direct that proceedings be commenced afresh in the court of a regional magistrate; or if the magistrate acted in terms of subsection (2) of that section, in writing direct that the case— (i) be transferred to the High Court for sentence; or (ii) be continued by such magistrate. 226. Duties of magistrate Upon the receipt of the Prosecutor-General’s direction in terms of section two hundred and twenty-five the magistrate shall cause the accused or the person convicted, as the case may be, to be informed of the Prosecutor-General’s decision and shall— (a) where the Prosecutor-General has given a direction in terms of subparagraph (i) or (ii) of paragraph (a) of that section, comply with that direction; or (b) where the Prosecutor-General has given a direction in terms of subparagraph (iii) of paragraph (a) of that section, grant a warrant committing the accused to prison, there to be detained till brought to trial before the court of a regional magistrate or till admitted to bail or liberated in due course of law; or (c) where the Prosecutor-General has given a direction in terms of subparagraph (i) of paragraph (b) of that section— (i) grant a warrant committing the person convicted to prison, there to be detained till brought before a judge for sentence or till admitted to bail or liberated in due course of law; and (ii) forthwith transmit the record of the proceedings, together with his reasons for convicting the person concerned, to the registrar of the High Court; or (d) where the Prosecutor-General has given a direction in terms of subparagraph (ii) of paragraph (b) of that section, cause the person convicted to be brought before him and pass sentence upon that person. 227. Powers of judge in respect of case transferred to High Court for sentence (1) Upon receipt of the documents mentioned in subparagraph (ii) of paragraph (c) of section two hundred and twenty-six, the registrar of the High Court shall with all convenient speed lay them before a judge in chambers and, if the judge considers the proceedings to be in accordance with real and substantial justice, he shall cause the accused to be brought before him in open court, on a date and at a place to be notified by the registrar to the accused and to the Prosecutor-General, to receive sentence in respect of the offence of which he was convicted by the magistrate or such other offence as the judge, in the exercise of the powers conferred upon him by section (2), has substituted for such first-mentioned offence. (2) The judge may in respect of the proceedings exercise such of the powers conferred upon the High Court by subsections (1) and (2) of section 29 of the High Court Act [Chapter 7:06], as may be appropriate. 228. Sentence by judge When an accused is brought before a judge in terms of subsection (1) of section two hundred and twentyseven, he shall not be called upon to plead to the charge but shall be dealt with as if he had been convicted by the High Court of the offence concerned. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 91