Criminal Procedure and Evidence Act Zimbabwe (3) If a peace officer believes on reasonable grounds that the delay in obtaining a warrant under subsection (1) would lead to a person who is bound by recognizance to give evidence or who is likely to give material evidence in respect of any offence absconding, he may arrest the person without warrant and shall, as soon as possible, bring him before a magistrate who may, upon being satisfied that the ends of justice would otherwise be defeated, commit the person to prison until the time at which he is required to give evidence, unless in the meantime he produces sufficient sureties. (4) A person arrested in terms of subsection (3) shall be informed forthwith by the person arresting him of the cause of the arrest. 236. Committal of witness who refuses to enter into recognizance Any witness who refuses to enter into any recognizance in terms of section two hundred and thirty-four may be committed by the court by warrant to the prison for the place where the trial is to be held, there to be kept until after the trial or until the witness enters into such a recognizance before a magistrate having jurisdiction in the place where the prison is situated: Provided that, if the accused is afterwards discharged, any magistrate having jurisdiction shall order such witness to be discharged. 237. Arrest and punishment for failure to obey subpoena or to remain in attendance (1) If any person subpoenaed to attend a criminal trial without reasonable excuse fails to obey the subpoena and it appears from the return or from the evidence given under oath that the subpoena was served upon the person to whom it is directed, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the judge or magistrate may issue a warrant directing that such person be arrested and brought at a time and place stated in the warrant, or as soon thereafter as possible, before him or some other judge or magistrate. (2) When a person has been arrested under a warrant issued in terms of subsection (1), he may be detained thereunder before the judge or magistrate who issued it or in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him, with a view to securing his presence as a witness at the trial, or such judge or magistrate may release him on a recognizance, with or without sureties, for his appearance to give evidence as required and for his appearance at the inquiry mentioned in subsection (3). (3) The judge or magistrate may in a summary manner inquire into the said person’s failure to obey a subpoena or to remain in attendance and, unless it is proved that the said person had a reasonable excuse for such failure, the judge or magistrate may sentence him to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. [subsection amended by Act 22 of 2001] (4) Any person sentenced by a magistrate to a fine or imprisonment in terms of subsection (3) shall have the same right of appeal as if he had been convicted and sentenced by a magistrates court in a criminal trial. (5) If a person who has entered into a recognizance for his appearance to give evidence at a criminal trial or for his appearance at an inquiry referred to in subsection (3) fails so to appear, he may, apart from the estreatment of his recognizance, be dealt with as if he had failed to obey a subpoena to attend a criminal trial. 238. Service of subpoena to secure attendance of witness residing outside jurisdiction of court (1) In this section— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 94