Criminal Procedure and Evidence Act (3) Zimbabwe (d) an officer of court; (e) a person whose presence is necessary in connection with such proceedings; (f) a person authorized to be present at such proceedings by the judge or magistrate presiding thereat. The court may, before passing sentence and for the purpose of informing itself as to proper sentence to be passed, receive— (a) evidence on oath, including hearsay evidence; (b) affidavits and written reports which may be tendered by the prosecutor, the accused or his legal representative; (c) written statements made by the prosecutor, the accused or his legal representative; (d) statements not on oath made by the accused: Provided that— (i) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written report or written statement shall be called or tendered by the prosecutor unless the accused or his legal representative consents thereto; (ii) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written report or written statement shall be called or tendered by the accused or his legal representative unless the prosecutor consents thereto; (iii) the court in which any affidavit or written report is tendered may cause the person making it to be summoned to give oral evidence in the proceedings; (iv) no hearsay evidence, other than evidence of a statistical nature, shall be given by a witness called by the court pursuant to its powers conferred by section two hundred and thirty-two unless both the prosecutor and the accused or his legal representative consent thereto. (4) [subsection repealed by section 26 of Act 9 of 2006] (5) Where an accused has been convicted of any offence otherwise than in terms of section two hundred and seventy-one, the provisions of subsection (5) of that section shall apply, mutatis mutandis. (6) Any warrant for the execution of any sentence passed in a criminal case by any court may be issued either by the judge or magistrate who passed the sentence or by any other judge or magistrate of that court. (7) If, in a magistrates court, sentence is not passed upon an offender forthwith upon his conviction or if, by reason of any decision or order of the Supreme Court or High Court, as the case may be, on appeal, review or otherwise, it is necessary to add to or vary any sentence passed in a magistrates court, or to pass sentence anew in such court, any magistrate of that court may, in the absence of the magistrate who convicted the offender or passed the sentence, as the case may be, pass sentence on the offender after consideration of the evidence recorded and in the presence of the offender. 334A.Sentencing guidelines (1) In this section— “draft sentencing guidelines” means sentencing guidelines that have not been published in accordance with subsection (10) or (11)(b)(i) or (ii); “judicial conference” means a conference convened in terms of subsection (3); By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 130