Criminal Procedure and Evidence Act Zimbabwe C. Special provisions relating to punishment of juveniles 351. Manner of dealing with convicted juveniles (1) In this section— “reform school” means a reform school as defined in section 1 of the Children’s Act of the Republic of South Africa, as amended from time to time; “training institute” means a training institute as defined in section 2 of the Children’s Act [Chapter 5:06]. [definition amended by section 49 of Act 23 of 2001] (2) Any court before which a person under the age of nineteen years has been convicted of any offence may, instead of imposing a punishment of a fine or imprisonment for that offence, subject to subsection (1) of section three hundred and thirty-seven— (a) order that he shall be taken before a children’s court and dealt with in terms of the Children’s Act [Chapter 5:06]; or [paragraph amended by section 4;9 of Act 23 of 2001] (b) (3) after ascertaining from the Minister responsible for social welfare that accommodation is available, order that he shall be placed in a training institute in Zimbabwe or in a reform school in the Republic of South Africa for the period specified in subsection (1) of section three hundred and fifty-two. Any court before which a person who is nineteen years of age or more but who is under twenty-one years of age has been convicted of any offence other than murder, treason or rape may, instead of imposing a punishment of a fine or imprisonment on him for that offence— (a) order that he shall be placed under the supervision of a probation officer or any other suitable person designated in the order for the period specified in subsection (1) of section three hundred and fifty-two and that he shall reside as directed by the court from time to time; or (b) after ascertaining from the Minister responsible for social welfare that accommodation is available, order that he shall be placed in a training institute in Zimbabwe or in a reform school in the Republic of South Africa for the period specified in subsection (1) of section three hundred and fifty-two. (4) Where a magistrates court orders that any person shall be placed in a training institute or reform school in terms of subsection (2) or (3), such court shall forward the proceedings to the registrar of the High Court for review and the provisions of section 57 of the Magistrates Court Act [Chapter 7:10] and section 29 of the High Court Act [Chapter 7:06] shall apply, mutatis mutandis, in relation to any such review. (5) When any court orders a person to be detained in a training institute or reform school in terms of subsection (2) or (3), a warrant shall be issued by the court for the purpose setting forth the offence for which such person has been convicted and his age and the said warrant shall be transmitted to the Director of Social Welfare and shall be the authority for the conveyance of that person to that training institute or reform school and his detention therein. (6) With a warrant referred to in subsection (5) the court shall also transmit to the Director of Social Welfare an account of the history and antecedents of the person who is the subject of the warrant so far as may be ascertainable by the court. (7) If an order has been made in terms of paragraph (a) of subsection (2) or paragraph (a) of subsection (3) upon the conviction of a person, that conviction shall not, for the purposes of any enactment, be regarded as a conviction: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 142