Zimbabwe Criminal Defense Manual - Remands
Generally
A remand is requested by the State when it is not ready to bring a case to trial because police investigations are still taking place. The State will ask that X be remanded either in custody or out of custody. The magistrate may not order the postponement of a trial for a period in excess of fourteen days without X's consent: s 165 CPEA.
In terms of s 13(2)(e) of the Constitution, deprivation of a person's liberty on the grounds of the commission of a criminal offence is permissible only if there is a reasonable suspicion that he committed that crime. In terms of s 18(2) of the Constitution a person charged with a criminal offence is entitled to have his case tried within a reasonable time. This applies whether or not he is held in custody.
Where a legal practitioner goes to the courts to represent a person who is coming up for remand, he should check the records and visit the cells to make sure that his client has in fact been brought from the police station or remand prison to court on that day.
Reasonable Suspicion
Unreasonable Delay
Accused in Custody
Accused Out of Custody
- Generally (Zimbabwe)
- Reasonable Suspicion (Zimbabwe)
- Unreasonable delay (Zimbabwe)
- Accused in Custody (Zimbabwe)
- Accused out of Custody (Zimbabwe)
