Criminal Procedure and Evidence Act Zimbabwe “presumptive penalty” means a penalty expressed as a specific amount of a fine or a specific period of imprisonment or both that is midway between an augmented penalty which may be imposed in aggravating circumstances (whether or not these circumstances are specified in the enactment concerned), and a diminished penalty which may be imposed in mitigating circumstances (whether or not these circumstances are specified in the enactment concerned); “sentencing guidelines” means guidelines relating to the sentencing of offenders, which have been formulated in terms of this section; “table of presumptive penalties” means a table setting forth for each offence included in the table, a presumptive penalty, together with the aggravating and mitigating circumstances that may justify a court in departing from the presumptive penalty. (2) For the avoidance of any doubt it is declared that this section must not be construed as derogating from or infringing upon the exclusive competence of the Legislature to enact punishments for breaches of any law, including the enactment of maximum, minimum and presumptive levels of any fine or maximum, minimum and presumptive lengths of any sentence of imprisonment. (3) The Judicial Service Commission may from time to time convene a conference bringing together representatives of— (a) judges of the Constitutional Court, the Supreme Court and the High Court; and (b) magistrates; and (c) the National Prosecuting Authority; and (d) the Police Service; and (e) the Prisons and Correctional Service; and (f) the Law Society of Zimbabwe; and (g) such other organisations and bodies as, in the Commission’s opinion, have expertise or an interest in crime, punishment and the rehabilitation or treatment of criminals; for the purpose of studying and discussing the objectives, policies, standards and criteria for sentencing offenders, and formulating draft sentencing guidelines (4) The procedure to be followed at a judicial conference shall be as prescribed or, in relation to any matter that is not prescribed, as determined by the Judicial Service Commission. (5) Draft sentencing guidelines may relate to all matters relating to the sentencing of offenders and, in particular, to— (a) inquiries and investigations to be conducted by courts prior to sentencing offenders; (b) the factors to be considered by courts when sentencing offenders; (c) forms of punishment that may be imposed as alternatives to custodial sentences; (d) principles and criteria which will assist in promoting consistency in sentencing and the equitable administration of criminal justice in Zimbabwe; and they may be formulated so as to be general in nature or so as to apply to particular offences or classes of offences or to particular classes of offenders. (6) In formulating draft sentencing guidelines, a judicial conference shall pay regard to— (a) the need to promote consistency in sentencing; and (b) the impact of sentencing decisions on offenders and their families as well as on victims of offences; and (c) the need to promote public confidence in the criminal justice system; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 131