Criminal Procedure and Evidence Act 22. Zimbabwe Costs of private prosecution (1) Where a person prosecuted at the instance of a private party is acquitted, the court in which the prosecution was brought may order the party that instituted the prosecution to pay to the party prosecuted the whole or any part of the expenses, including the costs both before and after committal, which may have been occasioned to him by the prosecution. (2) Where the court, upon hearing the charge or complaint on a private prosecution, pronounces the same unfounded and vexatious, it shall award to the accused on his request such costs as it may think fit. (3) Where a person prosecuted at the instance of a private party is convicted, the court may order the convicted person to pay the costs and expenses of the private prosecution in addition to any sum awarded in terms of Part XIX: Provided that if the private prosecution was instituted after a certificate by the Prosecutor-General that he declined to prosecute the court may order the costs to be paid by the State. (4) Any costs awarded in terms of this section shall be taxed according to the scale applicable in civil cases in the court concerned unless a special scale of costs for private prosecutions has been prescribed in rules of court. Part IV – Prescription of offences 23. Prescription of offences (1) The right of prosecution for murder shall not be barred by any lapse of time. (2) The right of prosecution for any offence other than murder, whether at the public instance or at the instance of a private party, shall, unless some other period is expressly provided by law, be barred by the lapse of twenty years from the time when the offence was committed. Part V – Arrests A. Without warrant 24. 25. Arrest and verbal order to arrest (1) It shall be lawful for any judge, magistrate or justice, who has knowledge of any offence by seeing it committed, himself to arrest the offender or by a verbal order to authorize others so to do. (2) The persons authorized in terms of subsection (1) are empowered and required to follow the offender if he flees, and to execute the order on him out of the presence of the judge, magistrate or justice. Arrest without warrant by peace officer or other officer (1) Any peace officer and any other officer empowered by law to execute criminal warrants is hereby authorized, subject to the general or specific directions of a superior officer or person placed in authority over him, to arrest without warrant— (a) any person who commits any offence in his presence; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10

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