Criminal Procedure and Evidence Act Zimbabwe 345. Periodical imprisonment (1) For the purposes of this section— “appropriate prison” means a prison specified by the Minister, by statutory instrument, as a prison in which a person may be sentenced to undergo periodical imprisonment in terms of this section. (2) If a court convicts a person of an offence specified in the Sixth Schedule, it may, in lieu of any other punishment referred to in subsection (2) of section three hundred and thirty-six and after ascertaining from the officer in charge of the appropriate prison that accommodation for the purpose is available, sentence that person to undergo, in accordance with the law relating to prisons, periodical imprisonment in that prison for a period of not less than ninety-six hours and not more than two thousand hours. (3) The court imposing a sentence of periodical imprisonment upon any person in terms of this section shall— (a) cause such photographs, finger-prints, palm-prints or footprints of that person to be taken as are reasonably necessary for identification purposes; and (b) cause that person to be furnished with a written notice in the prescribed form directing that he shall, on a date and at a time specified in the notice or, if prevented from doing so by circumstances beyond his control, as soon as possible thereafter, surrender himself for the purpose of undergoing that imprisonment to the officer in charge of the prison specified in the notice. (4) A copy of the notice referred to in subsection (3) shall serve as a warrant for the admission into the prison concerned of the convicted person and his confinement therein in accordance with the law relating to prisons. (5) A person who— (a) without lawful excuse, the proof whereof shall be on him, fails to comply with a notice with which he has been furnished in terms of paragraph (b) of subsection (3); or (b) surrenders himself for the purpose of undergoing periodical imprisonment while under the influence of intoxicating liquor or narcotic drugs; or (c) impersonates or falsely represents himself to be a person who has been directed to surrender himself for the purpose of undergoing periodical imprisonment; shall be guilty of an offence and liable to imprisonment for a period not exceeding three months. (6) If, before the expiry of a sentence of periodical imprisonment imposed on a person in terms of this section, that person undergoes punishment consisting of any other form of detention imposed by any court, any magistrate before whom that person is brought shall set aside the unexpired portion of the sentence of periodical imprisonment and, after considering the evidence recorded in respect of the offence in respect of which the sentence of periodical imprisonment was imposed, may impose, in lieu of such unexpired portion, any punishment which is competent for that offence and does not exceed his own punitive jurisdiction in respect of that offence. (7) The Minister may, by notice in a statutory instrument, add to, amend or replace the whole or any part of the Sixth Schedule: Provided that it shall not be competent to include in the Sixth Schedule any offence for which a sentence of death or a minimum penalty is prescribed by any enactment. (8) A sentence of periodical imprisonment provided for by this section shall not be regarded as a sentence of imprisonment without the option of a fine for the purposes of any enactment relating to a disqualification unless that enactment provides otherwise. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 136