POLICE ACT (as amended) (b) alter or quash the conviction or reduce the sentence or substitute a different but not more severe sentence; (c) quash the conviction and sentence and remit the matter for trial afresh before a different officer; (d) remit the matter to the officer with instructions relative to the further proceedings to be held in the case as the Commissioner thinks fit: Provided that no conviction or sentence shall be quashed or set aside by reason of any irregularity or defect in the record or proceedings unless the Commissioner considers that a miscarriage of justice has actually occurred. (4) If the Commissioner considers that any punishment imposed by an officer in terms of subsection (1) is inadequate, he may refer the case to the Attorney-General with a request that the case be transmitted to the registrar of the High Court in terms of subsection (5). (5) The Attorney-General shall, if he considers that there is a reasonable possibility that a judge will act in terms of subsection (6), transmit the case to the registrar of the High Court to be lay before a judge. (6) Where a case has been laid before him in terms of subsection (5), the judge, if he considers that a different punishment should have been imposed, may set aside the punishment imposed in terms of subsection (1) and impose such punishment referred to in that subsection in substitution therefor as he considers ought to have been imposed. (7) A member convicted and sentenced under this section may appeal to the Commissioner within such time and in such manner as may be prescribed against the conviction and sentence and, where an appeal is noted, the sentence shall not be executed until the decision of the Commissioner has been given. (8) Unless an appeal has been noted, every sentence imposed by an officer shall forthwith be executed. (9) A member who is found guilty of a contravention of this Act by an officer shall not be [Chapter 11:10] regarded as having been convicted of an offence for the purpose of any other law. 35 Procedure at trials under this Act (1) The proceedings before or at any trial by a board of officers or an officer in terms of this Act, shall as near as may be, be the same as those prescribed for criminal cases in the courts of Zimbabwe. (2) The officer or board of officers, as the case may be, presiding at a trial in terms of this Act may exclude from the proceedings persons other than the parties thereto and their legal representatives to such extent as such officer or board of officers, as the case may be— (a) may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice; or (b) may do so in the interests of public safety, public order, public morality or the protection of the private lives of persons concerned in the proceedings. (3) In any proceedings under this Act, it shall not be necessary to produce documentary evidence in proof that the person charged is or is not a member and after oral evidence has been given that such person is or is not a member, the burden of proving the contrary shall lie upon the accused. 36 Summoning and examination of witnesses (1) If at any trial before an officer or a board of officers it is considered that any person may be able to give evidence or to produce any book, document or thing which is relevant to the matter under investigation, the officer or board of officers may issue a subpoena to be served upon that person requiring him to appear before him or the board at a time and place mentioned therein to give evidence or to produce any book, document or thing in his possession or custody or under his control. (2) A person subpoenaed in terms of subsection (1) to give evidence at a trial before an officer or board of officers shall give evidence at that trial on oath administered by the officer or the president of the board, as the case may be. (3) If any person being duly subpoenaed under this section fails, without sufficient cause, to 12 Reissue