CRIMINAL PROCEDURE AND EVIDENCE ACT may be brought to trial in any competent court for any offence for which he was formerly committed to prison or admitted to bail at any time before the period of prescription for the offence has run out: Provided that, subject to subsection (2), a person referred to in— (a) paragraph (a) or (b) of this subsection shall not be liable to be committed to custody; or (b) paragraph (b) of this subsection shall not be liable to find further bail; in respect of proceedings for an offence referred to in this subsection. (2) A person referred to in subsection (1) who was committed for trial for an offence referred to in that subsection may be prosecuted by the Prosecutor-General before the High Court for that offence, and if that person, having been duly served with an indictment and notice of trial, fails to appear at the time mentioned in such notice, the court may, on the application of the Prosecutor-General, issue a warrant for his arrest and detention in prison until he can be brought to trial or until he finds bail for his appearance to stand his trial on the said indictment. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] PART XVI PREVIOUS CONVICTIONS, FINGER-PRINTS, ETC. 323 Previous conviction not to be charged in indictment Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it shall not be lawful in any indictment, summons or charge against any person for any offence to allege that such person had been previously convicted of any offence, whether in Zimbabwe or elsewhere. [Section as amended by s. 282 of Act No. 23 of 2004] 324 Previous conviction not to be proved, except in certain circumstances Except in circumstances specifically described in this Act, it shall not be lawful to prove at the trial of any person for any offence that he has been previously convicted of any offence, whether in Zimbabwe or elsewhere, or to ask any accused person, charged and called as a witness, whether he has been so convicted. 325 Tendering admission of previous conviction after accused has pleaded guilty or been found guilty When any person indicted before the High Court for any offence has been previously convicted of any offence, whether in Zimbabwe or elsewhere, it shall be lawful for the prosecutor if the accused has in terms of section eighty-six admitted that he has been so previously convicted and his admission has also been subscribed by the magistrate in accordance with that section, and if further he has pleaded guilty to or has been found guilty of the offence, and before sentence is pronounced, to tender the admission in proof of the previous conviction, and such admission shall be received by the court upon its mere production as proof of the previous conviction unless it is shown that the admission was not in fact duly made or that the signatures or marks thereto are not in fact the signatures or marks of the accused and the magistrate respectively: Provided that if the accused made the admission in terms of section eighty-six, but refused to subscribe the same by signature or mark, a solemn declaration signed by the magistrate in terms of section eighty-six, stating that the accused did so make the admission but refused to subscribe the same, shall, upon its mere production, be sufficient evidence that the accused admitted the previous conviction. 326 Notice that proof of former conviction will be offered (1) When any person indicted in the High Court for any offence has been previously convicted, whether in Zimbabwe or elsewhere, it shall be lawful for the prosecutor in that court, in cases in which the procedure prescribed by section eighty-six has not been followed or when he has denied such previous conviction, to give notice to him that, in the event of his pleading 119