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may, upon the application of the Attorney-General, proceed with the trial of the charge or charges so withdrawn.
331 Arrest of judgment
(1) A person convicted of an offence by the High Court, whether on his plea of guilty or otherwise, may at
any time before sentence apply to that court that judgment be arrested on the ground that the indictment does not
disclose any offence.
(2) Upon the hearing of the application, the court may allow any such amendment of the indictment as it
might have allowed before verdict.
(3) The court may either hear and determine the application forthwith or may reserve the question of law for
the consideration of the Supreme Court and may nevertheless pass sentence forthwith.
332 Decision may be reserved
Any judge or magistrate presiding over a court before which any person is tried for an offence may reserve
the giving of his final decision on questions raised at the trial, and his decision when given shall be considered as
given at the time of trial.
333 Sentence in High Court
(1) If an application for arrest of judgment is not made or is dismissed, the High Court may either pass sentence upon the convicted person forthwith or may discharge him on his recognizance, as provided in Part XVIII,
on condition that he shall appear and receive judgment at some future session of the court or when called upon.
(2) If sentence is not passed forthwith, any judge may pass sentence upon the convicted person.
334 Provisions applicable to sentences in all courts
(1) All judgments and sentences in criminal proceedings before any court against persons who are of or
above the age of eighteen years shall be pronounced in open court.
(2) A court may order that no person shall be present when judgment and sentence are pronounced in any
criminal proceedings before any court against a person under the age of eighteen years or during the proceedings
mentioned in subsection (3) in respect of the accused except—
(a) the accused and any person against whom such proceedings are being held jointly with the accused;
(b) the legal representative or spouse of the accused and any co-accused;
(c) a parent or guardian or person in loco parentis of the accused and of any co-accused who is under the
age of eighteen years;
(d) an officer of court;
(e) a person whose presence is necessary in connection with such proceedings;
(f) a person authorized to be present at such proceedings by the judge or magistrate presiding thereat.
(3) The court may, before passing sentence and for the purpose of informing itself as to proper sentence to be
passed, receive—
(a) evidence on oath, including hearsay evidence;
(b) affidavits and written reports which may be tendered by the prosecutor, the accused or his legal
representative;
(c) written statements made by the prosecutor, the accused or his legal representative;
(d) statements not on oath made by the accused:
Provided that—
(i) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written report or
written statement shall be called or tendered by the prosecutor unless the accused or his legal
representative consents thereto;
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