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
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