Retrieval of bail after acquittal (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-08-03T14:04:53Z

Zimbabwe Criminal Defense Manual

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 The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
-* [[Introduction (Zimbabwe)| Introduction]]
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 14:04, 28 May 2010

2010-05-28T14:04:08Z

← Older revision		Revision as of 16:04, 28 May 2010
Line 2:		Line 2:

	The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)		The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)

			== 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 Retrieval of bail after acquittal to Retrieval of bail after acquittal (Zimbabwe)

2010-04-14T08:32:56Z

moved Retrieval of bail after acquittal to Retrieval of bail after acquittal (Zimbabwe)

← Older revision	Revision as of 10:32, 14 April 2010
(No difference)

Ddemetriou: Created page with 'If the accused is acquitted, he is entitled to recover the bail which he paid to ensure that he stood trial on that charge. The Attorney General may not use review proceedings �'

2010-04-13T13:16:57Z

Created page with 'If the accused is acquitted, he is entitled to recover the bail which he paid to ensure that he stood trial on that charge. The Attorney General may not use review proceedings �'

New page

If the accused is acquitted, he is entitled to recover the bail which he paid to ensure that he stood trial on that charge.

The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)

← Older revision		Revision as of 16:04, 28 May 2010
Line 2:		Line 2:

	The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)		The Attorney General may not use review proceedings to have an acquittal set aside. The correct procedure according to Bassopo & Anor1993 (2) ZLR 374 (H) is for formal proceedings to be instituted and due notice thereof is given to the accused who were acquitted. For the court to consider this matter without notice to the accused would be to breach the fundamental principles of natural justice. Where an accused is acquitted at the close of the state case, s 188(3a) of the Criminal Procedure and Evidence Act allows the Attorney-General to appeal from a decision to acquit at the end of the State case, but that right is limited to seeking an authoritative pronouncement from the Supreme Court on a point of law, without in any way affecting finality of the lower court's judgment. A similar right is provided by s 69(a) of the Magistrates Court Act and s 44(6) of the High Court of Zimbabwe Act, but this right does not cover verdicts given at the close of the State case and is also limited to appeals on points of law without affecting the finality of the judgment. See Attorney-General v Howman 1988 (2) ZLR 402 (S)

			== 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]]