Criminal Procedure and Evidence Act Zimbabwe Provided that if the accused made the admission in terms of section eighty-six, but refused to subscribe the same by signature or mark, a solemn declaration signed by the magistrate in terms of section eightysix, stating that the accused did so make the admission but refused to subscribe the same, shall, upon its mere production, be sufficient evidence that the accused admitted the previous conviction. 326. Notice that proof of former conviction will be offered (1) When any person indicted in the High Court for any offence has been previously convicted, whether in Zimbabwe or elsewhere, it shall be lawful for the prosecutor in that court, in cases in which the procedure prescribed by section eighty-six has not been followed or when he has denied such previous conviction, to give notice to him that, in the event of his pleading guilty or being found guilty of the offence for which he is indicted, proof will be given of such previous conviction. (2) The period of the notice required under subsection (1) shall be not less than seventy-two hours. 327. Mode of proof of previous conviction (1) When notice has been duly served on the accused that evidence of a previous conviction will be given against him as provided by section three hundred and twenty-six it shall be lawful, if the accused pleads guilty or after he has been found guilty, for the prosecutor before sentence is pronounced to offer to prove such previous conviction, and thereupon the court shall ask the accused whether he confesses that he is the person so appearing to have been previously convicted and whether he was so convicted as alleged. (2) If such person does not confess that he has been so convicted, the court shall determine the truth as to such of the alleged previous convictions as the accused has not confessed or admitted in the manner aforesaid. [subsection amended by section 28 of Act 9 of 2006] (3) If the trial is before a magistrates court, the prosecutor may, after the accused has pleaded guilty or has been found guilty, tender evidence of such previous convictions as he may allege in respect of the accused and thereupon the court shall ask the accused whether he is the person so alleged to have been previously convicted, and shall proceed to determine the truth as to such of the alleged previous convictions as the accused has not confessed or admitted. (4) If on any trial any previous conviction is lawfully proved against the accused or if he confesses or has admitted such previous conviction, the court shall take it into consideration in determining sentence for the offence to which he has pleaded or of which he has been found guilty. 328. Taking of finger-prints, palm-prints or footprints after conviction The court which has convicted an accused person may, at the request of the prosecutor, order that the finger-prints, palm-prints or footprints of that person be taken. 329. Finger-print and other records to be prima facieevidence of previous conviction Notwithstanding any provision of the law of evidence, any finger-print records, photographs or other documents purporting to be certified under the hand of any police officer, prison officer or immigration officer of Zimbabwe or elsewhere shall, at the trial of any person accused of any crime or offence, be admissible before any court as prima facie evidence against such accused person, either in proof of any previous conviction or of any other fact relative to the issue: Provided that the said finger-print records, photographs or documents shall be produced to such court by a police officer, prison officer or immigration officer of Zimbabwe having the custody for the time being of such finger-print records, photographs or documents. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 128