CRIMINAL PROCEDURE AND EVIDENCE ACT
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 s. 9 of Act No. 9 of 2006]
118 Conditions of recognizance
(1) Where a judge or magistrate has granted an application for bail, 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.
[Subsection amended by s. 10 of Act No. 9 of 2006 and s. 49 of Act No. 2 of 2016]
(2) The conditions of the recognizance shall be that the prisoner—
(a)
[Paragraph repealed by s. 10 of Act No. 9 of 2006]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 Prosecutor-General may consider desirable; and
[Subparagraph amended by s. 49 of Act No. 2 of 2016]
(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 Prosecutor-General or the local public prosecutor to have been
committed by the accused.
[Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(3) The judge or magistrate referred to in subsection (1) may require to be added to the recognizance any condition which he may think necessary or advisable in the interests of justice
as to—
(a) the surrender by the accused of his passport; or
(b) the times and place at which, and the persons to whom, the accused shall personally
present himself; or
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