(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.
[Subsections (3a) to (3d) inserted by section 3 of Act 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 Attorney-General stating that, in the Attorney-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;
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.
[Subsections (3a) to (3d) inserted by section 3 of Act 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earlier withdrawn, remain in detention for twenty-one days or the lesser period specified in a certificate mentioned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 Attorney-General on the progress of the investigations into the charge or charges against the
person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person’s
detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the
detained person.
[Subsections (3a) to (3d) inserted by section 3 of Act 14 of 2004. Proviso inserted by Act No. 23 of 2004 and amended by section 28 of Act 9 of 2006.]
(3d) A person referred to in subsection (3a) or (3b) may continue to be detained after the expiry of the period
referred to in subsection (3c) pending the outcome of the investigations into the charge or charges against him or
her if (without prejudice to the person's right to apply for bail) an order or warrant for that person's further detention is obtained from a judge or magistrate in terms of section thirty-three within forty-eight hours of the expiry of
the period referred to in subsection (3c).
[Subsections (3a) to (3d) inserted by section 3 of Act 14 of 2004.]
(4) ….
[Subsection repealed by section 3 of Act 14 of 2004.]]
(5) When an arrest is made without warrant, the person arrested shall be informed forthwith by the person arresting him of the cause of the arrest.
B. With warrant
33 Warrant of arrest by judge, magistrate or justice
(1) Any judge, magistrate or justice may issue a warrant for the arrest of any person or for the further detention of a person arrested without a warrant on written application su bscribed by—
(a) the Attorney-General; or
(b) the local public prosecutor; or
(c) a police officer who is of or above the rank of inspector; or
(d) a police officer in charge of a police station who is of or above the rank of assistant inspector;
Select target paragraph3
Add to table of contents