(a) the accused has previously been convicted of any offence; and
(b) there are any charges pending against him or her and whether he or she has been released on bail in
respect of those charges.
(6) Where the legal representative of an accused submits the information referred to in subsection (5) the accused shall be required by the court to declare whether he or she confirms such information.
(7) The record of the bail proceedings excluding the information referred to in subsection (5), shall form part
of the record of the trial of the accused following upon such bail proceedings:
Provided that if the accused elects to testify during the course of the bail proceedings the court must inform
him or her that anything he or she says may be used against him or her at his or her trial and such evidence becomes admissible in any subsequent proceedings.
(8) Any accused who wilfully—
(a) fails or refuses to comply with subsection (5); or
(b) furnishes the court with false information required in terms of subsection (5);
shall be guilty of an offence and liable to fine not exceeding level seven or to imprisonment for a period not
exceeding two years or both.
(9) The court may make the release of an accused subject to conditions which, in the court’s opinion, are in
the interests of justice.
(10) Notwithstanding anything to the contrary contained in any law, no accused shall, for the purposes of bail
proceedings, have access to any information, record or document relating to the offence in question, which is
contained in, or forms part of, a police docket, including any information, record or document which is held by
any police officer charged with the investigation in question, unless the Attorney-General otherwise directs:
Provided that this subsection shall not be construed as denying an accused access to any information, record
or document to which he or she may be entitled for the purposes of his or her trial.
[Section inserted by section 9 of Act 9 of 2006.]
118 Conditions of recognizance
(1) Where a judge or magistrate has granted an application referred to in subsection (1) of section 117A, a
recognizance shall, before the accused is admitted to bail, be taken from him or from him and one or more sureties
according to the conditions fixed by the judge or magistrate, as the case may be.
[Section amended by section 10 of Act 9 of 2006.]
(2) The conditions of the recognizance shall be that the prisoner—
(a) …
[Paragraph repealed by section 10 of Act 9 of 2006.]
(b) in the case of a prisoner who has been committed for trial or sentence, shall—
(i) appear and undergo any further examination which the magistrate or the Attorney-General may
consider desirable; and
(ii) answer to any indictment that may be presented or charge that may be made against him in any
competent court for the offence with which he is charged at any time; and
(iii) attend during the hearing of the case and to receive sentence; and
(iv) accept service of any summons to undergo further examination and of any such indictment or
charge, notice of trial and summons thereon and any other notice under this Act at some certain
and convenient place within Zimbabwe chosen by him and stated therein;
(c) in the case of a prisoner whose case has been adjourned in terms of subsection (2) of section 54 of the
Magistrates Court Act [Chapter 7:10], shall appear in any competent court at any time to receive sentence in that case and that he will accept service of any notice in respect thereof at some certain and
convenient place within Zimbabwe chosen by him and stated therein;
(d) in the case of a prisoner whose case has been adjourned in terms of subsection (1) of section 55 of the
Magistrates Court Act [Chapter 7:10] or in respect of whom an order has been made in terms of subsection (5) of section three hundred and fifty-eight, shall appear in the High Court or a magistrates court, as
the case may be, on the date and at the place to be notified to him by the registrar of the High Court or
the clerk of the magistrates court, as the case may be, to show cause why the sentence postponed or suspended should not be imposed or brought into operation and that he will accept service of any notice in
respect thereof at some certain and convenient place within Zimbabwe chosen by him and stated therein;
(e) in the case of a prisoner, other than a prisoner mentioned in paragraph (c), admitted to bail when a
criminal case before a magistrate is adjourned or postponed and the prisoner is remanded, shall appear at
a time and place to be specified in writing and as often as may be necessary thereafter until final judgment in his case has been given to answer the charge of the offence alleged against him or the charge of
any other offence which may appear to the Attorney-General or the local public prosecutor to have been
committed by the accused.
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