2016
No.2
(b)
magistrates; and
(c)
the l\'ational Prosecuting Authority; and
(d)
the Police Service; and
(e)
the Prisons and Correctional Sen·ice; and
(f)
the Law Society ofZimhabwe; and
(g)
such other organisations and bodies as, in the< 'ommission 's
opinion, have expertise or an interest in crime, punishment
and the rehabilitation or treatment of criminals;
for the purpose of studying and discussing the ohjectin·s. policic~.
standards and criteria for sentencing offenders, and formulating draft
sentencing guidelines.
( -+) The procedure to he followed at a judicial conference shall
be as prescribed or, in relation to any matter that is not prescribed, a~
determined by the Judicial Sen ice Commission.
(5) Draft sentencing guidelines may relate to all matters relating
to the sentencing of offenders and, in particular, to~
(a)
inquiries and in\'estigations to he conducted by courts prior
to sentencing offenders;
(h)
the factors to he considered by courts \\hen sentencing
offenders;
(c)
forms of punishment that may be imposed as alternati,·e-;
to custodial sentences;
(d)
principles and criteria which will assist in promoting
consistency in sentencing and the equitable administration
of criminal justice in Zimbabv,e;
and the~ may be fonnulated so as to be general in nature or so as to appl~
to particular offences or classes of offences or to particular classes of
offenders.
(6) In formulating draft sentencing guidelines, a judicial conference
shall pay regard to~-(a)
the need to promote consistency in sentencing; and
(b)
the impact of sentencing decisions on otTenders and their
families as well as on victims of offences; and
(c)
the need to promote public confidence in the criminal justice
system; and
(d)
the cost of different sentences and their relative effectiveness
in rehabilitating offenders and reducing crime.
(7) Cnless a judicial conference agrees upon some other form,
draft sentencing guidelines shall he in the form of a table of presumptive
penalties supplemented by additional guidelines addressing such of the
factors referred to in subsection (5) as are rcle,·ant to each otTence or class
of offence included in the table.
(8) As soon as practicable after a judicial conference has formulated
draft sentencing guidelines, the .Judicial Service Commission shall appl'l1\'e
them, with or without amendments, for submission to the !\linister in
terms of subsection (9).
(9) As soon as practicable after approving the draft sentencing
guidelines, withorwithoutamendmcnts, the Judicial Service Commission
58
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