CRIMINAL PROCEDURE AND EVIDENCE ACT his further detention is ordered by that judge or magistrate or a warrant for his further detention is obtained in terms of section thirty-three. [Subsection substituted by s. 44 of Act No. 1 of 2002 and amended by s. 3 of Act No. 14 of 2004] (3) Any person who is arrested or detained— (a) for the purpose of bringing him or her before a court; or (b) for an alleged offence; and who is not released must be brought before a court as soon as possible and in any event not later than forty-eight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on Sunday or a public holiday. [Subsection substituted by s. 8 of Act No. 2 of 2016] (3a) Where the person arrested without warrant is charged with any offence referred to in paragraph 10 of the Third Schedule and the judge or magistrate before whom the person is brought in terms of this section is satisfied that there is a reasonable suspicion that the person committed the offence, the judge or magistrate shall order that person’s further detention or issue a warrant for his or her further detention for a period of twenty-one days. [Subsection inserted by s. 3 of Act No. 14 of 2004] (3b) Where the person arrested without warrant is charged with any offence referred to in the Ninth Schedule and there is produced to the judge or magistrate before whom the person is brought in terms of this section— (a) a certificate issued by or on behalf of the Prosecutor-General stating that, in the Prosecutor-General’s opinion⎯ (i) the offence in question involves significant prejudice or significant potential prejudice to the economy or other national interest of Zimbabwe; and (ii) the further detention of the person arrested for a period of up to twenty-one days is necessary for any one or more of the following reasons⎯ A. the complexity of the case; or B. the difficulty of obtaining evidence relating to the offence in question; or C. the likelihood that the person arrested will conceal or destroy the evidence relating to the offence in question or interfere with the investigation of the offence or both; [Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.] and (b) the following, where the arrest is made in the circumstances referred to in paragraph (b) of subsection (1) of section twenty-five— (i) proof that the arresting officer was an officer of or above the rank of assistant inspector at the time of the arrest, or that the arresting officer made the arrest with the prior leave of such an officer; and (ii) where the alleged offence was disclosed through an anonymous complaint, a copy of the complaint as recorded in accordance with subparagraph (ii) of the proviso to paragraph (b) of subsection (1) of section twenty-five; the judge or the magistrate shall, if satisfied that there is a reasonable suspicion that the person committed the offence, order that person’s detention or issue a warrant for his or her further detention for a period of twenty-one days or the lesser period specified in the certificate. [Subsection inserted by s. 3 of Act No. 14 of 2004] (3c) A person referred to in subsection (3a) or (3b) shall, unless the charge or charges against him or her are earlier withdrawn, remain in detention for twenty-one days or the lesser period specified in a certificate mentioned in subsection (3b), as the case may be, from the date when an order or warrant for the person’s further detention was issued in terms of the relevant subsection, and no court shall admit such person to bail during that period: Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not more than forty-eight hours beginning on the date when the order or warrant for the person’s further detention is issued, make a report to the Prosecutor-General on the progress of 22

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