Attitude of Attorney- General (Zimbabwe): Difference between revisions

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The attitude of the police or prosecutor is not a decisive factor in the grant or refusal of bail. It was held to merely be a relevant consideration in Mahata v Chigumira NO & Anor HH-24-04. Accordingly, bail cannot merely be refused on the grounds that the state is opposed to it.
The attitude of the police or prosecutor is not a decisive factor in the grant or refusal of bail. It was held to merely be a relevant consideration in Mahata v Chigumira NO & Anor HH-24-04. Accordingly, bail cannot merely be refused on the grounds that the state is opposed to it.


== Zimbabwe Criminal Defense Manual ==
----
'''Table of Contents'''
See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]
* [[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]]

Latest revision as of 15:06, 3 August 2010

In Ndhlovu 2001 (2) ZLR 261 (H) the court stated that the attitude of the Attorney-General is a relevant but not a decisive factor. His opinion commands respect because of his experience and the responsibility of his office, unless it is evident that he is no better informed than the court. However, his assertion cannot be substituted for the court's discretion. The attitude of the police or prosecutor is not a decisive factor in the grant or refusal of bail. It was held to merely be a relevant consideration in Mahata v Chigumira NO & Anor HH-24-04. Accordingly, bail cannot merely be refused on the grounds that the state is opposed to it.

See Zimbabwe Criminal Defense Manual

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