Criminal Procedure and Evidence Act (e) (4) Zimbabwe any other matter relating to the accused’s conduct. The recognizance taken in respect of a prisoner mentioned in paragraph (b) of subsection (2) shall continue in force notwithstanding that for any reason, when the trial takes place, no verdict is then given, unless the indictment or charge is withdrawn. 119. Recognizance to be forfeited on failure of accused to appear at trial (1) If upon the day appointed for the hearing of a case it appears by the return of the proper officer or by other sufficient proof that a copy of the indictment and notice of trial or, in case of a remittal to a magistrates court, the summons or charge or, where the case has been adjourned in terms of subsection (2) of section 54 or subsection (1) of section 55 of the Magistrates Court Act [Chapter 7:10] or an order has been made in terms of subsection (5) of section three hundred and fifty-eight, the notice prescribed in the rules of court has been duly served and the accused does not appear after he has been called by name three times in or near the court premises, the prosecutor may apply to the court for a warrant for the arrest of the accused and may also move the court that the accused and his sureties, if any, be called upon their recognizance and, in default of his appearance, that the same may be then and there declared forfeited. (2) Any declaration of forfeiture in terms of subsection (1) shall have the effect of a judgment on the recognizance for the amounts therein named against the accused and his sureties respectively. 120. Excessive bail not to be required (1) The amount of bail to be taken in any case shall be in the discretion of the judge or magistrate to whom the application to be admitted to bail is made: Provided that no person shall be required to give excessive bail. (2) Notwithstanding the proviso to subsection (1), if it is established that there is a possibility that the accused, if released on bail, will not stand his or her trial or appear to receive sentence, and that possibility, though short of a likelihood, is not too remote, a court shall not release the accused on bail unless it satisfies itself that the amount or the terms of the bail or both are reasonably sufficient to deter the accused from fleeing, given the factors referred to in section 117(3)(b). [subsection inserted by section 11 of Act 9 of 2006] 121. Appeals against decisions regarding bail (1) Subject to this section, where a judge or magistrate has admitted or refused to admit a person to bail— (a) the Prosecutor-General or the public prosecutor, within forty-eight hours of the decision; or (b) the person concerned, at any time; may appeal against the admission to or refusal to bail or the amount fixed as bail or any conditions imposed in connection with bail. [subsection substituted by section 29 of Act 2 of 2016] (2) (3) An appeal in terms of subsection (1) against a decision of— (a) a judge of the High Court, shall be made to a judge of the Supreme Court; (b) a magistrate, shall be made to a judge of the High Court. Where a judge or magistrate has admitted a person to bail, and an appeal is noted by the Prosecutor-General or public prosecutor under subsection (1), the decision to admit to bail remains in force unless, on the application of the Prosecutor-General or public prosecutor, the judge or magistrate is satisfied that there is a reasonable possibility that the interests of justice may By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 61