Criminal Procedure and Evidence Act Zimbabwe 271. Procedure on plea of guilty (1) Where a person arraigned before the High Court on any charge pleads guilty to the offence charged or to any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea, the court may, if the accused has pleaded guilty to any offence other than murder, convict and sentence him for that offence without hearing any evidence. (2) Where a person arraigned before a magistrates court on any charge pleads guilty to the offence charged or to any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea— (a) the court may, if it is of the opinion that the offence does not merit punishment of imprisonment without the option of a fine or of a fine exceeding level three, convict the accused of the offence to which he has pleaded guilty and impose any competent sentence other than— (i) imprisonment without the option of a fine; or (ii) a fine exceeding level three; or deal with the accused otherwise in accordance with the law; [paragraph amended by section 8 of Act 8 of 1997] (b) the court shall, if it is of the opinion that the offence merits any punishment referred to in subparagraph (i) or (ii) of paragraph (a) or if requested thereto by the prosecutor— (i) explain the charge and the essential elements of the offence to the accused and to that end require the prosecutor to state, in so far as the acts or omissions on which the charge is based are not apparent from the charge, on what acts or omissions the charge is based; and (ii) inquire from the accused whether he understands the charge and the essential elements of the offence and whether his plea of guilty is an admission of the elements of the offence and of the acts or omissions stated in the charge or by the prosecutor; and may, if satisfied that the accused understands the charge and the essential elements of the offence and that he admits the elements of the offence and the acts or omissions on which the charge is based as stated in the charge or by the prosecutor, convict the accused of the offence to which he has pleaded guilty on his plea of guilty and impose any competent sentence or deal with the accused otherwise in accordance with the law: Provided that, if the accused is legally represented, the court may, in lieu of the procedure provided in subparagraphs (i) and (ii), satisfy itself that the accused understands the charge and the essential elements of the offence and that he admits the elements of the offence and the acts or omissions on which the charge is based as stated in the charge or by the prosecutor by relying upon a statement to that effect by the legal representative of the accused. (3) Where a magistrate proceeds in terms of paragraph (b) of subsection (2)— (a) the explanation of the charge and the essential elements of the offence; and (b) any statement of the acts or omissions on which the charge is based referred to in subparagraph (i) of that paragraph; and (c) the reply by the accused to the inquiry referred to in subparagraph (ii) of that paragraph; and (d) any statement made to the court by the accused in connection with the offence to which he has pleaded guilty; shall be recorded. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 107