Difference between revisions of "Retrieval of bail after acquittal (Zimbabwe)"
(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 �')
Revision as of 14:16, 13 April 2010
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)