Criminal Procedure and Evidence Act Zimbabwe 322. Further proceedings against accused discharged for want of prosecution or whose recognizance has expired (1) A person who— (a) has been discharged in terms of section three hundred and twenty-one for want of prosecution; or (b) has been admitted to bail but not duly brought to trial; may be brought to trial in any competent court for any offence for which he was formerly committed to prison or admitted to bail at any time before the period of prescription for the offence has run out: Provided that, subject to subsection (2), a person referred to in— (a) paragraph (a) or (b) of this subsection shall not be liable to be committed to custody; or (b) paragraph (b) of this subsection shall not be liable to find further bail; in respect of proceedings for an offence referred to in this subsection. (2) A person referred to in subsection (1) who was committed for trial for an offence referred to in that subsection may be prosecuted by the Prosecutor-General before the High Court for that offence, and if that person, having been duly served with an indictment and notice of trial, fails to appear at the time mentioned in such notice, the court may, on the application of the Prosecutor-General, issue a warrant for his arrest and detention in prison until he can be brought to trial or until he finds bail for his appearance to stand his trial on the said indictment. Part XVI – Previous convictions, finger-prints, etc. 323. Previous conviction not to be charged in indictment Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it shall not be lawful in any indictment, summons or charge against any person for any offence to allege that such person had been previously convicted of any offence, whether in Zimbabwe or elsewhere. [section as amended by Act 23 of 2004] 324. Previous conviction not to be proved, except in certain circumstances Except in circumstances specifically described in this Act, it shall not be lawful to prove at the trial of any person for any offence that he has been previously convicted of any offence, whether in Zimbabwe or elsewhere, or to ask any accused person, charged and called as a witness, whether he has been so convicted. 325. Tendering admission of previous conviction after accused has pleaded guilty or been found guilty When any person indicted before the High Court for any offence has been previously convicted of any offence, whether in Zimbabwe or elsewhere, it shall be lawful for the prosecutor if the accused has in terms of section eighty-six admitted that he has been so previously convicted and his admission has also been subscribed by the magistrate in accordance with that section, and if further he has pleaded guilty to or has been found guilty of the offence, and before sentence is pronounced, to tender the admission in proof of the previous conviction, and such admission shall be received by the court upon its mere production as proof of the previous conviction unless it is shown that the admission was not in fact duly made or that the signatures or marks thereto are not in fact the signatures or marks of the accused and the magistrate respectively: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 127