Criminal Procedure and Evidence Act (f) Zimbabwe any other factor which in the opinion of the court should be taken into account. (5) Notwithstanding the fact that the prosecution does not oppose the granting of bail, the court has the duty to weigh up the personal interests of the accused against the interests of justice as contemplated in subsection (4). (6) Notwithstanding any provision of this Act, where an accused is charged with an offence referred to in— (7) (a) Part I of the Third Schedule, the judge or (subject to proviso (iii) to section 116) the magistrate hearing the matter shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the judge or magistrate that exceptional circumstances exist which in the interests of justice permit his or her release; (b) Part II of the Third Schedule, the judge or (subject to proviso (iii) to section 116) the magistrate hearing the matter shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the judge or magistrate that the interests of justice permit his or her release. Where a person has applied for bail in respect of an offence referred to in the Third Schedule— (a) the Prosecutor-General; or (b) the Minister responsible for the administration of the Public Order and Security Act [Chapter 11:17], in respect of offence referred to in paragraph 6 of Part I of the Third Schedule; may issue a certificate stating that it is intended to charge the person with the offence. (8) If the Minister responsible for the administration of the Extradition Act [Chapter 9:08], certifies in writing that a person who has applied for bail has been extradited to Zimbabwe from a foreign country and that the Minister has given an undertaking to the government or other responsible authority of that country— (a) that the accused person will not be admitted to bail while he or she is in Zimbabwe, the judge or magistrate hearing the matter shall not admit the accused person to bail; (b) that the accused person will not be admitted to bail while he or she is in Zimbabwe except on certain conditions which the Minister shall specify in his or her certificate, the judge or magistrate hearing the matter shall not admit the accused person to bail except on those conditions: Provided that the judge or magistrate may fix further conditions, not inconsistent with the conditions specified by the Minister on the grant of bail to the accused person. (9) A document purporting to be a certificate issued by a Minister or the Prosecutor-General in terms of subsection (7) or (8) shall be admissible in any proceedings on its production by any person as prima facie evidence of its contents. [section substituted by section 9 of Act 9 of 2006] 117A.Application for bail, bail proceedings and record thereof (1) Subject to the proviso to section 116, an accused person may at any time apply verbally or in writing to the judge or magistrate before whom he or she is appearing to be admitted to bail immediately or may make such application in writing to a judge or magistrate. (2) Every written application for bail shall be made in such form as may be prescribed in rules of court. (3) Every application in terms of subsection (2) shall be disposed of without undue delay. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 58