CRIMINAL PROCEDURE AND EVIDENCE ACT guilty or being found guilty of the offence for which he is indicted, proof will be given of such previous conviction. (2) The period of the notice required under subsection (1) shall be not less than seventy-two hours. 327 Mode of proof of previous conviction (1) When notice has been duly served on the accused that evidence of a previous conviction will be given against him as provided by section three hundred and twenty-six it shall be lawful, if the accused pleads guilty or after he has been found guilty, for the prosecutor before sentence is pronounced to offer to prove such previous conviction, and thereupon the court shall ask the accused whether he confesses that he is the person so appearing to have been previously convicted and whether he was so convicted as alleged. (2) If such person does not confess that he has been so convicted, the court shall determine the truth as to such of the alleged previous convictions as the accused has not confessed or admitted in the manner aforesaid. [Subsection as amended by s. 28 of Act No. 9 of 2006] (3) If the trial is before a magistrates court, the prosecutor may, after the accused has pleaded guilty or has been found guilty, tender evidence of such previous convictions as he may allege in respect of the accused and thereupon the court shall ask the accused whether he is the person so alleged to have been previously convicted, and shall proceed to determine the truth as to such of the alleged previous convictions as the accused has not confessed or admitted. (4) If on any trial any previous conviction is lawfully proved against the accused or if he confesses or has admitted such previous conviction, the court shall take it into consideration in determining sentence for the offence to which he has pleaded or of which he has been found guilty. 328 Taking of finger-prints, palm-prints or footprints after conviction The court which has convicted an accused person may, at the request of the prosecutor, order that the finger-prints, palm-prints or footprints of that person be taken. 329 Finger-print and other records to be prima facie evidence of previous conviction Notwithstanding any provision of the law of evidence, any finger-print records, photographs or other documents purporting to be certified under the hand of any police officer, prison officer or immigration officer of Zimbabwe or elsewhere shall, at the trial of any person accused of any crime or offence, be admissible before any court as prima facie evidence against such accused person, either in proof of any previous conviction or of any other fact relative to the issue: Provided that the said finger-print records, photographs or documents shall be produced to such court by a police officer, prison officer or immigration officer of Zimbabwe having the custody for the time being of such finger-print records, photographs or documents. PART XVII JUDGMENT ON CRIMINAL TRIAL 330 Withdrawing charges (1) When an indictment, summons or charge containing more counts than one is framed against the same person, and when a conviction has been obtained on one or more of them, the prosecutor may withdraw the remaining charge or charges. (2) A withdrawal in terms of subsection (1) shall have the effect of an acquittal on such charge or charges, unless the conviction is set aside. (3) On the withdrawal of any charge, the court, subject to the order of the court setting aside the conviction, may, upon the application of the Prosecutor-General, proceed with the trial of the charge or charges so withdrawn. 120