Criminal Procedure and Evidence Act Zimbabwe 346. Extended imprisonment (1) (2) (3) Subject to this section, in the exercise of his powers in terms of section two hundred and twentyeight or three hundred and thirty-three, a judge may sentence to extended imprisonment any person who has been convicted of an offence specified in the Seventh Schedule if that person— (a) has, either in Zimbabwe or elsewhere, been previously convicted in at least three separate trials of any one or more of the offences specified in the Seventh Schedule; and (b) had attained the age of twenty-five years when he sustained the last of the three convictions referred to in paragraph (a). In deciding whether or not to sentence a person to extended imprisonment in terms of this section, a judge shall have regard to all the circumstances of the case and of the offender, and in particular to— (a) the seriousness of the offences specified in the Seventh Schedule of which the offender has been convicted; and (b) the need to protect the public; and (c) the prospects for reforming the offender. A sentence of extended imprisonment imposed in terms of this section shall endure— (a) where the offender has not previously been sentenced to extended imprisonment, for not less than seven years and not more than fifteen years; (b) where the offender has previously been sentenced to extended imprisonment, for not less than fifteen years and not more than twenty years; and, when imposing such a sentence, a judge shall inform the offender of the maximum and minimum periods of the sentence specified in paragraph (a) or (b), as may be appropriate. (4) A person sentenced to extended imprisonment in terms of this section shall be dealt with as provided in any enactment relating to the management of prisons and the treatment of persons so sentenced. (5) For the purposes of subsection (3), a person who, before the 6th May, 1983, had been declared a habitual criminal shall be deemed to have previously been sentenced to extended imprisonment. 346A.*** [section repealed by Act 23 of 2004] 347. Imprisonment or community service in default of payment of fine (1) (2) Subject to this section, a court which imposes a sentence of a fine upon an offender may do either or both of the following— (a) impose, as an alternative punishment to the fine, a sentence of imprisonment of any duration within the limits of the court’s punitive jurisdiction; (b) permit the offender, as an alternative to paying the fine, to render such community service as may be specified by the court. The period of any sentence of imprisonment imposed in terms of paragraph (a) of subsection (1) shall not, either alone or together with any period of imprisonment imposed on the offender as a direct punishment for the same offence, exceed the longest period of imprisonment prescribed by any enactment as a punishment for the offence. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 137