Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-08-03T14:01:08Z

Zimbabwe Criminal Defense Manual

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 It is impermissible for the court to order both forfeiture of bail and the imposition of a fine for failure to appear in court. This amounts to punishing X twice for the same offence: Sibanda (1) 1980 ZLR 413 (GD).
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
-* [[Introduction (Zimbabwe)| Introduction]]
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou: Created page with 'If X breaches any of the conditions of his bail the judicial officer who admitted him to bail or the judicial officer before whom X is brought may declare the bail to be forfeite�'

2010-05-28T13:05:16Z

Created page with 'If X breaches any of the conditions of his bail the judicial officer who admitted him to bail or the judicial officer before whom X is brought may declare the bail to be forfeite�'

New page

If X breaches any of the conditions of his bail the judicial officer who admitted him to bail or the judicial officer before whom X is brought may declare the bail to be forfeited: s 133(a) CPEA.

Where X has failed to appear in court for trial (his name having been called three times both inside and outside the courtroom), the prosecutor may apply for a warrant of apprehension and for the forfeiture of X's bail and any recognizances that have been entered into: s 119 CPEA.

The court will usually refrain from ordering forfeiture of bail until X is arrested and brought before the court and asked to explain his default. The correct procedure is merely to issue a warrant for the apprehension of X. The court should only order forfeiture when, after hearing X's explanation, it is satisfied that the default was wilful or deliberate: Sibanda (1) 1980 ZLR 413 (GD). X's lawyer can appear at this hearing to explain why his client failed to appear in court for trial and to try to persuade the court not to order forfeiture of bail but instead to extend the previous bail and to set a new trial date. However, if the default of X was wilful the court is obliged to order forfeiture of bail: Knight NO v Van Tonder & Anor 1962 R & N 405 (SR).

It is impermissible for the court to order both forfeiture of bail and the imposition of a fine for failure to appear in court. This amounts to punishing X twice for the same offence: Sibanda (1) 1980 ZLR 413 (GD).

== Zimbabwe Criminal Defense Manual ==
'''Table of Contents'''
* [[Introduction (Zimbabwe)| Introduction]]
* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)|Defense Lawyer's Role and Responsibilities]]
* [[Pre-Trial Matters (Zimbabwe)|Pre-Trial Matters]]
* [[Jurisdiction of Courts (Zimbabwe)|Jurisdiction of Courts]]
* [[Preparing for Trial (Zimbabwe)| Preparing for Trial]]
* [[Trial (Zimbabwe)|Trials]]
* [[Rules of Evidence (Zimbabwe)| Rules of Evidence]]
* [[Criminal Law Code (Zimbabwe)| Criminal Law Code]]
* [[Verdict (Zimbabwe)|Verdict]]
* [[Sentence (Zimbabwe)|Sentence]]
* [[Record of Proceedings (Zimbabwe)|Record of Proceedings]]
* [[Appeals (Zimbabwe)|Appeals]]
* [[Automatic Review and Scrutiny (Zimbabwe)| Automatic Review and Scrutiny]]
* [[Miscellaneous Matters (Zimbabwe)|Miscellaneous Matters]]

Cancelation and Forfeiture of bail (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

Ddemetriou: Created page with 'If X breaches any of the conditions of his bail the judicial officer who admitted him to bail or the judicial officer before whom X is brought may declare the bail to be forfeite�'