Criminal Procedure and Evidence Act Zimbabwe 117. Entitlement to bail (1) Subject to this section and section 32, a person who is in custody in respect of an offence shall be entitled to be released on bail at any time after he or she has appeared in court on a charge and before sentence is imposed, unless the court finds that it is in the interests of justice that he or she should be detained in custody. (2) The refusal to grant bail and the detention of an accused in custody shall be in the interests of justice where one or more of the following grounds are established— (a) where there is a likelihood that the accused, if he or she were released on bail, will— (i) endanger the safety of the public or any particular person or will commit an offence referred to in the First Schedule; or (ii) not stand his or her trial or appear to receive sentence; or (iii) attempt to influence or intimidate witnesses or to conceal or destroy evidence; or (iv) undermine or jeopardise the objectives or proper functioning of the criminal justice system, including the bail system; or (b) (3) where in exceptional circumstances there is the likelihood that the release of the accused will disturb the public order or undermine public peace or security. In considering whether the ground referred to in— (a) (b) subsection (2)(a)(i) has been established, the court shall, where applicable, take into account the following factors, namely— (i) the degree of violence towards others implicit in the charge against the accused; (ii) any threat of violence which the accused may have made to any person; (iii) the resentment the accused is alleged to harbour against any person; (iv) any disposition of the accused to commit offences referred to in the First Schedule, as evident from his or her past conduct; (v) any evidence that the accused previously committed an offence referred to in the First Schedule while released on bail; (vi) any other factor which in the opinion of the court should be taken into account; subsection (2)(a)(ii) has been established, the court shall take into account— (i) the ties of the accused to the place of trial; (ii) the existence and location of assets held by the accused; (iii) the accused’s means of travel and his or her possession of or access to travel documents; (iv) the nature and gravity of the offence or the nature and gravity of the likely penalty therefor; (v) the strength of the case for the prosecution and the corresponding incentive of the accused to flee; (vi) the efficacy of the amount or nature of the bail and enforceability of any bail conditions; (vii) any other factor which in the opinion of the court should be taken into account; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 56