Criminal Procedure and Evidence Act 41. Zimbabwe Arrest-how made, and search thereon of person arrested (1) In making an arrest, the peace officer or other person authorized to arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. (2) A peace officer or other person arresting any person under this Part may search that person, and shall place in safe custody all articles, other than necessary wearing apparel, found on him. (3) Any peace officer may take or cause to be taken the finger-prints, palm-prints, footprints and photographs of any person arrested upon any charge, and may take or cause to be taken such steps as he or she may think necessary in order to ascertain whether or not the body of any such person bears any mark, characteristic or distinguishing feature, or shows any condition or appearance: Provided that no intimate or buccal sample may be taken from the person who has been arrested except— (a) in case of a buccal sample, by an authorised person at the request and in the presence of the peace officer; or (b) in the case of an intimate sample— (i) by a medical officer at the written request of a police officer of or above the rank of superintendent; or (ii) by the medical officer of any prison at which the arrested person is detained; or (iii) by an authorised person of the same sex as the person from whom the intimate sample is to be taken; in order to ascertain some fact which is material to the investigation of the charge upon which such person has been arrested. [subsection substituted by section 12 of Act 2 of 2016] (4) When it is desired to search or examine the body of a woman in terms of this section, such search or examination, unless made by a medical officer, shall be made only by a woman and shall be conducted with strict regard to decency and, if there is no woman available for such search or examination who is a police officer or a prison officer, the search or examination may be made by any woman specially named for the purpose by a peace officer. (5) Any finger-prints, palm-prints, footprints or photographs and the records of any steps taken under this section shall be destroyed if the person concerned is found not guilty at his trial or his conviction is set aside by a superior court or the Prosecutor-General declines to prosecute him in terms of paragraph (a) of subsection (1) of section one hundred and one or the charge against him is withdrawn. 41A. Arrested person to be informed of his or her rights (1) Subject to this section, where a person has been arrested by a peace officer, whether with or without a warrant, the peace officer shall cause the person to be informed promptly, in a language he or she understands, of— (a) the reason for the arrest; and (b) his or her right to remain silent; and (c) the consequences of remaining silent and of not remaining silent; and (d) his or her right to contact, at the State’s expense, any one of the following— (i) a legal practitioner of his or her choice; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19