Criminal Procedure and Evidence Act (d) Zimbabwe shall direct the amount of the costs awarded under paragraph (c) to be deducted from any compensation payable or sale price realised under this section. [subsection inserted by section 22 of Act 2 of 2016] 60. Article to be transferred to court for purposes of trial (1) If criminal proceedings are instituted in connection with any article referred to in section 58(1) and the article is required at a trial for the purposes of evidence or of any order of court, the police officer concerned shall, subject to subsection (2), deliver the article to the registrar or clerk of the court where such criminal proceedings are instituted. [subsection amended by section 28 of Act 9 of 2006 and section 49 of Act 2 of 2016] (2) If it is, by reason of the nature, bulk or value of the article in question, impracticable or undesirable that the article be delivered to the registrar or clerk of the court in terms of subsection (1), the registrar or clerk, as the case may be, may require the police officer concerned to retain the article in police custody or in such other custody as may be determined in terms of section 58(1). [subsection amended by section 49 of Act 2 of 2016] (3) The registrar or clerk, as the case may be, of the court shall place any article received in terms of subsection (1) in safe custody, which may include the deposit of money in an official banking account if such money is not required at the trial for the purposes of evidence. [subsection amended by section 28 of Act 9 of 2006] (4) 61. Where the trial in question is to be conducted in a court other than the court to which the article was delivered in terms of subsection (1), the registrar or clerk, as the case may be, of the court shall — (a) transfer any article received in terms of that subsection, other than money deposited in a banking account in terms of subsection (3), to the registrar or clerk, as the case may be, of the court in which the trial is to be conducted, and that registrar or clerk shall place such article in safe custody; or (b) in the case of any article retained in police custody or in some other custody in terms of subsection (2) or any money deposited in a banking account in terms of subsection (3), advise the registrar or clerk of the court in which the trial is to be conducted accordingly. Disposal of article after commencement of criminal proceedings (1) Subject to this Act and except as otherwise provided in any other enactment under which any matter shall or may be forfeited, the judge or magistrate presiding at criminal proceedings may, at the conclusion of the proceedings, unless the article is further required as an exhibit at a trial, make an order that any article referred to in section sixty or produced in evidence— (a) if the person from whose possession it was obtained may lawfully possess such article, be returned to that person; or (b) if the person from whose possession it was obtained is not entitled to the article or may not lawfully possess the article, be returned to any other person entitled thereto, if such person may lawfully possess the article; or (c) if no person is entitled to the article (whether by reason of its being an article whose possession is intrinsically unlawful, or otherwise) or if the person who is entitled thereto cannot be traced or is unknown, be forfeited to the State. [subsection amended by section 23 of Act 2 of 2016] (2) The court may, for the purpose of making any order in terms of subsection (1), hear such additional evidence, whether by affidavit or orally, as it may think fit. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 36