Criminal Procedure and Evidence Act Zimbabwe Part XVII – Judgment on criminal trial 330. Withdrawing charges (1) When an indictment, summons or charge containing more counts than one is framed against the same person, and when a conviction has been obtained on one or more of them, the prosecutor may withdraw the remaining charge or charges. (2) A withdrawal in terms of subsection (1) shall have the effect of an acquittal on such charge or charges, unless the conviction is set aside. (3) On the withdrawal of any charge, the court, subject to the order of the court setting aside the conviction, may, upon the application of the Prosecutor-General, proceed with the trial of the charge or charges so withdrawn. 331. Arrest of judgment (1) A person convicted of an offence by the High Court, whether on his plea of guilty or otherwise, may at any time before sentence apply to that court that judgment be arrested on the ground that the indictment does not disclose any offence. (2) Upon the hearing of the application, the court may allow any such amendment of the indictment as it might have allowed before verdict. (3) The court may either hear and determine the application forthwith or may reserve the question of law for the consideration of the Supreme Court and may nevertheless pass sentence forthwith. 332. Decision may be reserved Any judge or magistrate presiding over a court before which any person is tried for an offence may reserve the giving of his final decision on questions raised at the trial, and his decision when given shall be considered as given at the time of trial. 333. Sentence in High Court (1) If an application for arrest of judgment is not made or is dismissed, the High Court may either pass sentence upon the convicted person forthwith or may discharge him on his recognizance, as provided in Part XVIII, on condition that he shall appear and receive judgment at some future session of the court or when called upon. (2) If sentence is not passed forthwith, any judge may pass sentence upon the convicted person. 334. Provisions applicable to sentences in all courts (1) All judgments and sentences in criminal proceedings before any court against persons who are of or above the age of eighteen years shall be pronounced in open court. (2) A court may order that no person shall be present when judgment and sentence are pronounced in any criminal proceedings before any court against a person under the age of eighteen years or during the proceedings mentioned in subsection (3) in respect of the accused except— (a) the accused and any person against whom such proceedings are being held jointly with the accused; (b) the legal representative or spouse of the accused and any co-accused; (c) a parent or guardian or person in loco parentis of the accused and of any co-accused who is under the age of eighteen years; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 129