Bail Pending Appeal (Zimbabwe)

Cases in Magistrates Court

Where a person has been convicted of any of the offences specified in the Third Schedule, a magistrate may only admit a person to bail or alter his bail conditions if the Attorney-General has given his consent. Proviso (iii) to s 123(1) CPEA. The specified offences are:

The specified offences in Part 1 of the Third Schedule are:

• murder where it was committed in certain specified circumstances such as where it was premeditated;
• rape or aggravated indecent assault where it was committed in certain specified circumstances such as multiple rape of a victim;
• robbery where it was committed in certain specified circumstances such as where firearms were used;
• assault or indecent assault of a child under 16 involving the infliction of grievous bodily harm;
• kidnapping or unlawful detention involving the infliction of grievous bodily harm ;
• contravening the following sections of CLCA: 20 (treason); 21 (concealing treason); 22 (subverting constitutional government); 23 (insurgency, banditry, sabotage or terrorism); 24 (recruiting or training insurgents, bandits, saboteurs or terrorists); 25 (training as insurgent, bandit, saboteur or terrorist); 26 (supplying weapons to insurgents, bandits, saboteurs or terrorists); 27 (possessing weapons for insurgency, banditry, sabotage or terrorism) or 29 (harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist);
• An offence in Part II of the Third Schedule where the accused has previously been convicted of any offence specified in the Third Schedule or has allegedly committed such offence whilst on bail in respect of an offence in the Third Schedule.

The offences specified in Part II to the Third Schedule are:

• treason;
• murder in circumstances other than those specified in Part I;
• attempted murder involving the infliction of grievous bodily harm;
• malicious damage to property involving arson or conspiracy, incitement or attempt to commit this offence;
• theft of a motor vehicle or conspiracy, incitement or attempt to commit this offence;
• any offence relating to dealing in or smuggling of ammunition, firearms, explosives or armaments or the possession of an automatic or semi-automatic firearm, explosives or armaments or conspiracy, incitement or attempt to commit this offence;
• any offence where the Attorney-General has notified the magistrate of his intention to indict the case direct to the High Court.

Where a person who has been convicted for an offence, other than one of these specified ones, applies for bail, the magistrate who has convicted him has the discretion to grant bail pending the appeal.

Release from Police custody on Police Bail

• Cases in Magistrates Court
• Cases in High Court
• Criteria
• Further applications for bail
• Appeal against refusal of bail by High Court
• Single Appeal against decision of bail by Magistrates
• Release from Police custody on Police Bail

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See Zimbabwe Criminal Defense Manual