(7) The Minister may, by notice in a statutory instrument, add to, amend or replace the whole or any part of the Sixth Schedule: Provided that it shall not be competent to include in the Sixth Schedule any offence for which a sentence of death or a minimum penalty is prescribed by any enactment. (8) A sentence of periodical imprisonment provided for by this section shall not be regarded as a sentence of imprisonment without the option of a fine for the purposes of any enactment relating to a disqualification unless that enactment provides otherwise. 346 Extended imprisonment (1) Subject to this section, in the exercise of his powers in terms of section two hundred and twenty-eight or three hundred and thirty-three, a judge may sentence to extended imprisonment any person who has been convicted of an offence specified in the Seventh Schedule if that person— (a) has, either in Zimbabwe or elsewhere, been previously convicted in at least three separate trials of any one or more of the offences specified in the Seventh Schedule; and (b) had attained the age of twenty-five years when he sustained the last of the three convictions referred to in paragraph (a). (2) In deciding whether or not to sentence a person to extended imprisonment in terms of this section, a judge shall have regard to all the circumstances of the case and of the offender, and in particular to— (a) the seriousness of the offences specified in the Seventh Schedule of which the offender has been convicted; and (b) the need to protect the public; and (c) the prospects for reforming the offender. (3) A sentence of extended imprisonment imposed in terms of this section shall endure— (a) where the offender has not previously been sentenced to extended imprisonment, for not less than seven years and not more than fifteen years; (b) where the offender has previously been sentenced to extended imprisonment, for not less than fifteen years and not more than twenty years; and, when imposing such a sentence, a judge shall inform the offender of the maximum and minimum periods of the sentence specified in paragraph (a) or (b), as may be appropriate. (4) A person sentenced to extended imprisonment in terms of this section shall be dealt with as provided in any enactment relating to the management of prisons and the treatment of persons so sentenced. (5) For the purposes of subsection (3), a person who, before the 6th May, 1983, had been declared a habitual criminal shall be deemed to have previously been sentenced to extended imprisonment. 346A …. [Section repealed by Act 23 of 2004 347 Imprisonment or community service in default of payment of fine (1) Subject to this section, a court which imposes a sentence of a fine upon an o ffender may do either or both of the following (a) impose, as an alternative punishment to the fine, a sentence of imprisonment of any duration within the limits of the court’s punitive jurisdiction; (b) permit the offender, as an alternative to paying the fine, to render such community service as may be specified by the court. (2) The period of any sentence of imprisonment imposed in terms of paragraph ( a) of subsection (1) shall not, either alone or together with any period of imprisonment imposed on the offender as a direct punishment for the same offence, exceed the longest period of imprisonment prescribed by any enactment as a punishment for the offence. (3) Where a court has imposed upon an offender a sentence of a fine without an alternative referred to in paragraph (a) or (b) of subsection (1) and the fine has not been paid in full or has not been recovered in full by a levy in terms of section three hundred and forty-eight, the court may issue a warrant directing that the offender be arrested and brought before the court, which may thereupon impose such sentence of imprisonment and additionally, or alternatively, permit him to render such community service, as is provided in subsection (1). (4) Nothing in this section shall be construed as limiting the power of a court under section three hundred and fifty-eight to postpone or suspend any sentence. (5) A court may exercise the powers conferred upon it by this section even in relation to an offence prescribed in an enactment which purports (a) to limit the duration of a sentence of imprisonment that may be imposed as an alternative to a fine; or (b) to permit only a sentence of imprisonment to be imposed as an alternative to a fine: Provided that this subsection shall not apply where a minimum penalty is prescribed in the enactment concerned as punishment for the offence. [Section substituted by section 15 of Act 8 of 1997.]