Criminal Procedure and Evidence Act
Zimbabwe
118. Conditions of recognizance
(1)
Where a judge or magistrate has granted an application for bail, a recognizance shall, before the
accused is admitted to bail, be taken from him or from him and one or more sureties according to
the conditions fixed by the judge or magistrate, as the case may be.
[section amended by section 10 of Act 9 of 2006 and by section 49 of Act 2 of 2016]
(2)
The conditions of the recognizance shall be that the prisoner—
(a)
[paragraph repealed by section 10 of Act 9 of 2006]
(b)
in the case of a prisoner who has been committed for trial or sentence, shall—
(i)
appear and undergo any further examination which the magistrate or the ProsecutorGeneral may consider desirable; and
[subparagraph amended by section 49 of |Act 2 of 2016]
(3)
(ii)
answer to any indictment that may be presented or charge that may be made against
him in any competent court for the offence with which he is charged at any time; and
(iii)
attend during the hearing of the case and to receive sentence; and
(iv)
accept service of any summons to undergo further examination and of any such
indictment or charge, notice of trial and summons thereon and any other notice under
this Act at some certain and convenient place within Zimbabwe chosen by him and
stated therein;
(c)
in the case of a prisoner whose case has been adjourned in terms of subsection (2) of section
54 of the Magistrates Court Act [Chapter 7:10], shall appear in any competent court at any
time to receive sentence in that case and that he will accept service of any notice in respect
thereof at some certain and convenient place within Zimbabwe chosen by him and stated
therein;
(d)
in the case of a prisoner whose case has been adjourned in terms of subsection (1) of section
55 of the Magistrates Court Act [Chapter 7:10] or in respect of whom an order has been made
in terms of subsection (5) of section three hundred and fifty-eight, shall appear in the High
Court or a magistrates court, as the case may be, on the date and at the place to be notified
to him by the registrar of the High Court or the clerk of the magistrates court, as the case
may be, to show cause why the sentence postponed or suspended should not be imposed
or brought into operation and that he will accept service of any notice in respect thereof at
some certain and convenient place within Zimbabwe chosen by him and stated therein;
(e)
in the case of a prisoner, other than a prisoner mentioned in paragraph (c), admitted to
bail when a criminal case before a magistrate is adjourned or postponed and the prisoner is
remanded, shall appear at a time and place to be specified in writing and as often as may be
necessary thereafter until final judgment in his case has been given to answer the charge of
the offence alleged against him or the charge of any other offence which may appear to the
Prosecutor-General or the local public prosecutor to have been committed by the accused.
The judge or magistrate referred to in subsection (1) may require to be added to the recognizance
any condition which he may think necessary or advisable in the interests of justice as to—
(a)
the surrender by the accused of his passport; or
(b)
the times and place at which, and the persons to whom, the accused shall personally present
himself; or
(c)
the places where the accused is forbidden to go; or
(d)
the prohibition against communication by the accused with witnesses for the prosecution; or
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