2016 CR!Ml)'.;ALPIDCEDl'RE A'-ITI EVIDliNCR /\1\!El'\Dl\lE;>;T Provided that, where an arrested person must he produced before a court within forty-eight hours after his or her arrest in accordance with section32, it shall be lawful for the police to take the arrested person to court in the absence of his or her legal practitioner if(i) the arrested person, \\ ithout any fault on the pati of the police, h1ils to contact, obtain or instruct a legal practitioner of his or her own choice; or (ii) where the arrested person succeeds in contacting, obtaining or instructing ale gal practitioner of his or her own choice, that legal practitioner, \vithout any fault on the part of the police, fails to represent the arrested person within that period or at the court where he or she must appear. (3) The res]Xmsihlc person shall inform any interested party, promptly on request, of the detained person's whereabouts and of the reasons for the detained person's detention or custody unless there are compelling reasons for not doing so (the proof whereof rests with the responsible person).". 45 Amendment of section 389 of Cap. 9:07 Section 389 ("Regulations") of the principal Act is amended in subsection (2) by the insertion after paragraph (d) of the following paragraphs"(e) in relation to the ''Statement of Rights l'pon Arrest" set forth in the Tenth Schedule·(i) for the official translation of the Statement into Chew a, Chi harwe, Kalanga, Koisan, Namhya, Ndau, Ndebele, Shangani, Shona, Sotho, Tonga, Tswana. Venda and Xhosa; (ii) for the amendment of the Tenth Schedule by adding, deleting or substituting any words therein, or for the replacement the Tenth Schedule entirely: Provided that when the !\.Iinister wishes to make regulations for the purpose of subparagraph (i) or (ii) he or she shall lay the drati regulations before Parliament, and if neither the :\ational Assembly nor the Senate makes a resolution against the publication of regulations within the next seven sitting days after it is so laid before each House, the \Jinister shall cause it to be published in the Gazeue; (f) 46 for the questioning by peace ofticers of persons who arc suspected of ha,·ing l~onunitted an offence.". New Schedule substituted for First Schedule to Cap. 9:07 The First Schedule to the principal Act is repealed and the following is substituted"FIRST SCHEDULE (Sections 25, 27. 39 and 42) SPECIFIED OFFENCES IN RELATION TO POWERS OF ARREST Any offence in respect of which a punishment of a period of imprisonment exceeding six months is provided and may be imposed without the option of a tine, and any conspiracy, incitement or attempt to commit, or being a participant in, any such ofTencc. ". 61 No.2

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