Criminal Procedure and Evidence Act
(c)
(d)
(e)
(4)
Zimbabwe
subsection (2)(a)(iii) has been established, the court shall take into account—
(i)
whether the accused is familiar with any witness or the evidence;
(ii)
whether any witness has made a statement;
(iii)
whether the investigation is completed;
(iv)
the accused’s relationship with any witness and the extent to which the witness may
be influenced by the accused;
(v)
the efficacy of the amount or nature of the bail and enforceability of any bail
conditions;
(vi)
the ease with which any evidence can be concealed or destroyed;
(vii)
any other factor which in the opinion of the court should be taken into account;
subsection (2)(a)(iv) has been established, the court shall take into account—
(i)
whether the accused supplied false information at arrest or during bail proceedings;
(ii)
whether the accused is in custody on another charge or is released on licence in terms
of the Prisons Act [Chapter 7:11];
(iii)
any previous failure by the accused to comply with bail conditions;
(iv)
any other factor which in the opinion of the court should be taken into account;
subsection (2)(b) has been established, the court shall, where applicable, take into account
the following factors, namely—
(i)
whether the nature of the offence and the circumstances under which the offence was
committed is likely to induce a sense of shock or outrage in the community where the
offence was committed;
(ii)
whether the shock or outrage of the community where the offence was committed
might lead to public disorder if the accused is released;
(iii)
whether the safety of the accused might be jeopardised by his or her release;
(iv)
whether the sense of peace and security among members of the public will be
undermined or jeopardised by the release of the accused;
(v)
whether the release of the accused will undermine or jeopardise the public confidence
in the criminal justice system;
(vi)
any other factor which in the opinion of the court should be taken into account.
In considering any question in subsection (2) the court shall decide the matter by weighing the
interests of justice against the right of the accused to his or her personal freedom and in particular
the prejudice he or she is likely to suffer if he or she were to be detained in custody, taking into
account, where applicable, the following factors, namely—
(a)
the period for which the accused has already been in custody since his or her arrest;
(b)
the probable period of detention until the disposal or conclusion of the trial if the accused is
not released on bail;
(c)
the reason for any delay in the disposal or conclusion of the trial and any fault on the part of
the accused with regard to such delay;
(d)
any impediment in the preparation of the accused’s defence or any delay in obtaining legal
representation which may be brought about by the detention of the accused;
(e)
the state of health of the accused;
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