Special Provisions for Offenses in Ninth Schedule (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-08-03T13:56:14Z

Zimbabwe Criminal Defense Manual

@@ Line 11: / Line 11: @@
 Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
-* [[Introduction (Zimbabwe)| Introduction]]
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 12:29, 28 May 2010

2010-05-28T12:29:44Z

← Older revision		Revision as of 14:29, 28 May 2010
Line 10:		Line 10:

	Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.		Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.

			== 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 Special Provisions for Offenses in Ninth Schedule to Special Provisions for Offenses in Ninth Schedule (Zimbabwe)

2010-04-13T15:19:07Z

moved Special Provisions for Offenses in Ninth Schedule to Special Provisions for Offenses in Ninth Schedule (Zimbabwe)

← Older revision	Revision as of 17:19, 13 April 2010
(No difference)

Ddemetriou: Created page with 'Defence counsel should be aware of the fact that there are special provisions for prolonged detention of persons who are charged with offences in the Ninth Schedule of CPEA. Ther�'

2010-04-13T08:45:06Z

Created page with 'Defence counsel should be aware of the fact that there are special provisions for prolonged detention of persons who are charged with offences in the Ninth Schedule of CPEA. Ther�'

New page

Defence counsel should be aware of the fact that there are special provisions for prolonged detention of persons who are charged with offences in the Ninth Schedule of CPEA. There apply both to persons arrested with warrant and those arrested without warrant.

There are special provisions in connection with charges under the Ninth Schedule. If the charge is for an offence in paragraph 10 of the Ninth Schedule and the judicial officer is satisfied that there is a reasonable suspicion that he has committed the offence, he must order the continued detention of that person for a period of 21 days: s 34(4)(a) CPEA (with warrant) and s 32(3a) CPEA (without warrant)

If the charge is for any offence in the Ninth Schedule, the Attorney-General may produce a certificate that the offence in question involves significant national interest of Zimbabwe and further detention for a period up to 21 days is necessary because of the complexity of the case, and/or the difficulty of obtaining evidence in relation to the offence, and/or the likelihood of X concealing or destroying evidence relating to the offence. Where such a certificate is produced and the judicial officer is satisfied that there is a reasonable suspicion that X committed the offence, he must order the continued detention of X for a period of 21 days or the lesser period specified in the Attorney-General's certificate: s 34(4)(b) CPEA (with warrant) and s 32(3a) and (3b) (without warrant). However, with arrest without warrant there are certain requirements in addition to the Attorney-General's certificate. The arresting officer must be an officer of or above the rank of assistant inspector at the time of the arrest and where the arrest was disclosed through an anonymous complaint, there must be a copy of the recorded complaint must be laid before the judicial officer.

No court may admit to bail any person detained for 21 days under the provisions above: 34(5) CPEA and s 32(3c) CPEA.

Where X is detained for 21 days under these provisions, the arresting officer must make period reports at intervals of not more than 48 hours to the Attorney-General on the progress of the investigations. If the Attorney-General believes on the basis of such a report that X's detention is not longer justified, he may order the immediate and unconditional release of the person: 34(5) and 32(3c) CPEA.

Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.

← Older revision		Revision as of 14:29, 28 May 2010
Line 10:		Line 10:

	Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.		Within 48 hours of the expiry of the 21 day detention period the detaining authority may obtain an order or warrant for further detention of such person pending the outcome of their criminal investigations. However, X will still have the right to apply for bail: s 34(6) and s 32(3d) CPEA.

			== 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]]