Criminal Procedure and Evidence Act
(d)
Zimbabwe
the cost of different sentences and their relative effectiveness in rehabilitating offenders and
reducing crime.
(7)
Unless a judicial conference agrees upon some other form, draft sentencing guidelines shall be in
the form of a table of presumptive penalties supplemented by additional guidelines addressing
such of the factors referred to in subsection (5) as are relevant to each offence or class of offence
included in the table.
(8)
As soon as practicable after a judicial conference has formulated draft sentencing guidelines, the
Judicial Service Commission shall approve them, with or without amendments, for submission to
the Minister in terms of subsection (9).
(9)
As soon as practicable after approving the draft sentencing guidelines, with or without
amendments, the Judicial Service Commission shall, subject to subsection (10), submit them to
the Minister for publication as regulations in terms of section 389, and upon such publication the
courts shall pay due regard to the applicable sentencing guidelines when sentencing offenders and,
while not being bound by the guidelines, must, when departing from them in any case, record the
reasons for doing so.
(10)
The Minister must publish the draft sentencing guidelines substantially in the form in which he
or she receives them from the Judicial Service Commission, unless he or she has any substantial
objections to them, in which event the Minister must return them (together with written
notification of his or her objections and of the reasons for them) to Judicial Service Commission for
consideration of his or her objections by the Judicial Service Commission or, if the Commission so
determines, at the next judicial conference following the notification of his or her objections.
(11)
If after notification of the Minister’s objections to the draft sentencing guidelines the Judicial
Service Commission or, as the case may be, the next judicial conference—
(12)
(a)
upholds the Minister’s objections, the Judicial Service Commission shall resubmit them
with the appropriate amendments to the Minister for publication as regulations in terms of
section 389;
(b)
declines, in whole or in part, to uphold the Minister’s objections, the Judicial Service
Commission shall resubmit them, together with the reasons for the Commission or the
judicial conference so declining, to the Minister, who may thereupon—
(i)
publish them substantially in the form in which he or she first received them from the
Judicial Service Commission; or
(ii)
publish such part of them as the Minister did not object to in his or her original
notification of objections under subsection (7); or
(iii)
refuse to publish them as regulations in terms of section 389.
Sentencing guidelines may be amended, replaced or revoked by a subsequent judicial conference,
and thereupon subsections (5) to (11) shall apply to such amendment, replacement or revocation.
[section inserted by section 41 of Act 2 of 2016]
335. Consideration of other offences admitted by accused
(1)
Upon convicting an accused of any offence, the court may, with the prosecutor’s consent and on
application by the accused, pass sentence upon the accused for other untried offences as if they
had been separately charged if the court is satisfied that the accused freely and voluntarily admits
having committed those other offences.
(2)
Notwithstanding anything to the contrary in section 56 of the Magistrates Court Act [Chapter 7:10],
a magistrates court may, in terms of subsection (1), pass sentence upon the accused for an offence
notwithstanding the fact that no act, omission or event which is an element of the offence took
place in the province or regional division for which the court is established.
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