Criminal Procedure and Evidence Act (3b) Zimbabwe Where the person arrested without warrant is charged with any offence referred to in the Ninth Schedule and there is produced to the judge or magistrate before whom the person is brought in terms of this section— (a) a certificate issued by or on behalf of the Prosecutor-General stating that, in the ProsecutorGeneral’s opinion— (i) the offence in question involves significant prejudice or significant potential prejudice to the economy or other national interest of Zimbabwe; and (ii) the further detention of the person arrested for a period of up to twenty-one days is necessary for any one or more of the following reasons— (A) the complexity of the case; or (B) the difficulty of obtaining evidence relating to the offence in question; or (C) the likelihood that the person arrested will conceal or destroy the evidence relating to the offence in question or interfere with the investigation of the offence or both; and (b) the following, where the arrest is made in the circumstances referred to in paragraph (b) of subsection (1) of section twenty-five— (i) proof that the arresting officer was an officer of or above the rank of assistant inspector at the time of the arrest, or that the arresting officer made the arrest with the prior leave of such an officer; and (ii) where the alleged offence was disclosed through an anonymous complaint, a copy of the complaint as recorded in accordance with subparagraph (ii) of the proviso to paragraph (b) of subsection (1) of section twenty-five; the judge or the magistrate shall, if satisfied that there is a reasonable suspicion that the person committed the offence, order that person’s detention or issue a warrant for his or her further detention for a period of twenty-one days or the lesser period specified in the certificate. [subsections (3a) to (3d) inserted by section 3 of Act 14 of 2004] (3c) A person referred to in subsection (3a) or (3b) shall, unless the charge or charges against him or her are earlier withdrawn, remain in detention for twenty-one days or the lesser period specified in a certificate mentioned in subsection (3b), as the case may be, from the date when an order or warrant for the person’s further detention was issued in terms of the relevant subsection, and no court shall admit such person to bail during that period. Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not more than forty-eight hours beginning on the date when the order or warrant for the person’s further detention is issued, make a report to the Prosecutor-General on the progress of the investigations into the charge or charges against the person in detention, and if the ProsecutorGeneral is satisfied on the basis of any such report that the person’s detention is no longer justified, the Prosecutor-General may order the immediate and unconditional release of the detained person. [subsections (3a) to (3d) inserted by section 3 of Act 14 of 2004. Proviso inserted by Act 23 of 2004 and amended by section 28 of Act 9 of 2006] (3d) A person referred to in subsection (3a) or (3b) may continue to be detained after the expiry of the period referred to in subsection (3c) pending the outcome of investigations into the charge or charges against him or her if (without prejudice to the person’s right to apply for bail) an order or warrant for that person’s further detention is obtained from a judge or magistrate in terms of By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14