Procedure in bail case (Zimbabwe) - Revision history

Ibjadmin at 14:00, 3 August 2010

2010-08-03T14:00:05Z

@@ Line 5: / Line 5: @@
 In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
-* [[Introduction (Zimbabwe)| Introduction]]
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 12:44, 28 May 2010

2010-05-28T12:44:03Z

← Older revision		Revision as of 14:44, 28 May 2010
Line 4:		Line 4:

	In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.		In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.

			== 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]]

Ddemetriou: moved Procedure in bail case to Procedure in bail case (Zimbabwe)

2010-04-13T15:33:59Z

moved Procedure in bail case to Procedure in bail case (Zimbabwe)

← Older revision	Revision as of 17:33, 13 April 2010
(No difference)

Ddemetriou: Created page with 'In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with �'

2010-04-13T09:26:27Z

Created page with 'In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with �'

New page

In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with due allowance for the circumstances of each case, to determine the way in which each party must submit its evidence. In a majority of cases ex parte statements are made by both the defence and by the public prosecutor who intimates what the police objections are. There are no formalities; no evidence is led, no affidavits are placed before the court and the record is so meagre that there may be little or nothing to place before the superior courts if the matter is taken on appeal.

The evidence in a bail application does not have to be in affidavit form. In most cases, ex parte statements are made by both sides, without formality: Ndhlovu 2001 (2) ZLR 261 (H)

In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.

← Older revision		Revision as of 14:44, 28 May 2010
Line 4:		Line 4:

	In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.		In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.

			== 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]]