Zambia
Criminal Procedure Code, 1933
Chapter 88
- Commenced on 1 April 1934
- [This is the version of this document as it was at 31 December 1996 to 31 January 1997.]
1. Short title
This Act may be cited as the Criminal Procedure Code and hereinafter is referred to as "this Code".2. Interpretation
In this Code, unless the context otherwise requires—"Christian marriage" means a marriage which is recognised, by the law of the place where it is contracted, as the voluntary union for life of one man and one woman to the exclusion of all others;"cognizable offence" means an offence for which a police officer may, in accordance with the First Schedule or under any written law for the time being in force, arrest without warrant;"complaint" means an allegation that some person known or unknown has committed or is guilty of an offence;"Court" means the High Court or any subordinate court as defined in this Code;"district" means the district assigned to a subordinate court as the district within which it is to exercise jurisdiction;"husband" and "wife" mean a husband and wife of a Christian marriage;"non-cognizable offence" means an offence for which a police officer may not arrest without warrant;"officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable, from illness or other cause, to perform his duties, the police officer present at the station-house who is next in rank to such officer, or any other police officer so present;"police station" means a post or place appointed by the Inspector-General of Police to be a police station and includes any local area policed from such station;"preliminary inquiry" means an inquiry into a criminal charge held by a subordinate court with a view to the committal of the accused person for trial before the High Court;"public prosecutor" means any person appointed under the provisions of section eighty-six and includes the Attorney-General, the Solicitor-General, the Director of Public Prosecutions, a State Advocate and any practitioner as defined in the Legal Practitioners Act appearing on behalf of the People in any criminal proceedings;[Cap. 30]"Registrar" means the Registrar of the High Court and includes a Deputy Registrar and an Assistant Registrar;"Session" has the meaning assigned to it by section two of the High Court Act;[Cap. 27]"subordinate court" means a subordinate court as constituted under the Subordinate Courts Act;[Cap. 28]"summary trial" means a trial held by a subordinate court under Part VI.[As amended by No. 28 of 1940, No. 23 of 1960, No. 5 of 1962, No. 27 of 1964 and S.I. No. 63 of 1964]3. Trial of offences under Penal Code
Part II – Powers of courts
4. Offences under Penal Code
Subject to the other provisions of this Code, any offence under the Penal Code may be tried by the High Court.5. Offences under other written laws
6. Sentences which High Court may pass
The High Court may pass any sentence or make any order authorised by law.7. Powers of subordinate courts
Subject to the other provisions of this Code, a subordinate court of the first, second or third class may try any offence under the Penal Code or any other written law, and may pass any sentence or make any other order authorised by the Penal Code or any other written law:Provided that—8. Reconciliation
In criminal cases, a subordinate court may promote reconciliation, and encourage and facilitate the settlement in an amicable way, of proceedings for assault, or for any other offence of a personal or private nature, not amounting to felony and not aggravated in degree, in terms of payment of compensation or other terms approved by such court and may, thereupon, order the proceedings to be stayed.[No. 5 of 1962]9. Sentences requiring confirmation
10. Power of High Court to order preliminary inquiry
The High Court may, by special order, direct that in the case of any particular charge brought against any person in a subordinate court, such court shall not try such charge but shall hold a preliminary inquiry under the provisions of Part VII.[No. 26 of 1956]11. Cases to be tried only by High Court
12. Combination of sentences or orders
Any court may pass any lawful sentence or make any lawful order combining any of the sentences or orders which it is authorised by law to pass or make.13. Release on bail pending confirmation or other order
14. Corporal punishment-detention pending punishment
A person sentenced to undergo corporal punishment may be detained in a prison or some other convenient place, for such time as may be necessary for carrying the sentence into effect, or for ascertaining whether the same shall be carried into effect.15. Sentences in case of conviction for several offences at one trial
16. Power of courts to suspend sentence
17. Medical examination of accused persons
Part III – General provisions
Arrest, escape and retaking arrest generally
18. Arrest, how made
19. Search of place entered by person sought to be arrested
20. Power to break out of any house for purposes of liberation
Any police officer or other person authorised to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.21. No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.22. Search of arrested persons
Whenever a person is arrested—23. Power of police officer to detain and search vehicles and persons in certain circumstances
Any police officer may stop, search and detain any vessel, aircraft or vehicle in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found and also any person who may be reasonably suspected of having in his possession or conveying in any manner anything stolen or unlawfully obtained, and may seize any such thing.[No. 28 of 1940]24. Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.25. Power to seize offensive weapons
The police officer or other person making any arrest may take from the person arrested any offensive weapons which he has about his person and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.Arrest without warrant
26. Arrest by police officer without warrant
Any police officer may, without an order from a magistrate and without a warrant, arrest—27. Arrest of vagabonds, habitual robbers, etc.
Any officer in charge of a police station may, in like manner, arrest or cause to be arrested—28. Procedure when police officer deputes subordinate to arrest without warrant
When any officer in charge of a police station requires any officer subordinate to him to arrest without a warrant (otherwise than in such officer's presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.29. Refusal to give name and residence
30. Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.31. Arrest by private persons
32. Disposal of persons arrested by private person
33. Detention of persons arrested without warrant
34. Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether such persons have been admitted to bail or not.35. Offence committed in magistrate's presence
When any offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may, thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.36. Arrest by magistrate
Any magistrate may, at any time, arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent, at the time and in the circumstances, to issue a warrant.Escape and retaking
37. Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Zambia.38. Provisions of sections 19 and 20 to apply to arrests under section 37
The provisions of sections nineteen and twenty shall apply to arrests under the last preceding section, although the person making any such arrest is not acting under a warrant, and is not a police officer having authority to arrest.39. Duty to assist magistrate, etc.
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—Prevention of offences
Security for keeping the peace and for good behaviour
40. Power of magistrate of subordinate court of the first or second class
41. Security for good behaviour from persons disseminating seditious matters
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person is within the limits of his jurisdiction and that such person, within or without such limits, either orally or in writing, or in any other manner, is disseminating, or attempting to disseminate, or in any wise abetting the dissemination of—42. Powers of other magistrates
43. Security for good behaviour from suspected persons
Whenever a magistrate empowered to hold a subordinate court of the first or second class is informed on oath that any person is taking precautions to conceal his presence within the local limits of such magistrate's jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.44. Security for good behaviour from habitual offenders
Whenever a magistrate empowered to hold a subordinate court of the first or second class is informed on oath that any person within the local limits of his jurisdiction—45. Order to be made
When a magistrate acting under section forty, forty-three or forty-four deems it necessary to require any person to show cause under any such section, he shall make an order in writing setting forth—46. Procedure in respect of person present in court
If the person in respect of whom an order under the last preceding section is made is present in court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.47. Summons or warrant in case of person not so present
If the person referred to in the last preceding section is not present in court, the magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court.Provided that, whenever it appears to such magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the magistrate may, at any time, issue a warrant for his arrest.48. Copy of order under section 45 to accompany summons or warrant
Every summons or warrant issued under the last preceding section shall be accompanied by a copy of the order made under section forty-five, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with or arrested under the same.49. Power to dispense with personal attendance
The magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by an advocate.50. Inquiry as to truth of information
51. Order to give security
52. Discharge of person informed against
If, on an inquiry under section fifty, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the magistrate shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.Proceedings in all cases subsequent to order to furnish security
53. Commencement of period for which security is required
54. Contents of bond
The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and, in the latter case, the commission or attempt to commit, or the aiding, abetting, counselling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.55. Power to reject sureties
A magistrate may refuse to accept any surety offered under any of the preceding sections, on the ground that, for reasons to be recorded by the magistrate, such surety is an unfit person.56. Procedure on failure of person to give security
57. Power to release persons imprisoned for failure to give security
Whenever a magistrate empowered to hold a subordinate court of the first or second class is of opinion that any person imprisoned for failing to give security may be released without hazard to the community, such magistrate shall make an immediate report of the case for the orders of the High Court, and such Court may, if it thinks fit, order such person to be discharged.58. Power of High Court to cancel bond
The High Court may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court or magistrate.59. Discharge of sureties
60. Forfeiture
Preventive action of the police
61. Police to prevent cognizable offences
Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent the commission of any cognizable offence.62. Information of design to commit such offences
Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.63. Arrest to prevent such offences
A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot otherwise be prevented.64. Prevention of injury to public property
A police officer may, of his own authority, interpose to prevent any injury attempted to be committed, in his presence, to any public property, movable or immovable, or the removal of or injury to any public landmark, or buoy, or other mark used for navigation.Part IV – Provisions relating to all criminal investigations
Place of inquiry or trial
65. General authority of courts of Zambia
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction, and is charged with an offence committed within Zambia, or which, according to law, may be dealt with as if it has been committed within Zambia, and to deal with the accused person according to its jurisdiction.66. Accused person to be sent ot district where offence committed
Where a person accused of having committed an offence within Zambia has escaped or removed from the district within which the offence was committed, and is found within another district, the court within whose jurisdiction he is found shall cause him to be brought before it, and shall, unless authorised to proceed in the case, send him in custody to the court within whose jurisdiction the offence is alleged to have been committed, or require him to give security for his surrender to that court there to answer the charge and to be dealt with according to law.67. Removal of accused person under warrant
Where any person is to be sent in custody in pursuance of the last preceding section, a warrant shall be issued by the court within whose jurisdiction he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the court within whose district the offence was committed or may be tried.68. Mode of trial before High Court
69. Ordinary place of inquiry and trial
Subject to the provisions of section sixty-eight and to the powers of transfer conferred by sections seventy-eight and eighty, every offence shall be inquired into or tried, as the case may be, by a court within the local limits of whose jurisdiction it was committed or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging him with the offence.[No. 28 of 1940]70. Trial at place where act done or where consequence of offence ensues
When a person is accused of the commission of any offence, by reason of anything which has been done, or omitted to be done, or of any consequence which has ensued, such offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been done, or omitted to be done, or any such consequence has ensued.71. Trial where offence is connected with another offence
When an act or ommission is an offence by reason of its relation to any other act or omission which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done.72. Trial where place of offence is uncertain
When—73. Offence near boundary of district
74. Offence committed on a journey
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed passed in the course of that journey or voyage.75. High Court to decide in cases of doubt
Whenever any doubt arises as to the court by which any offence should be inquired into or tried, the High Court may decide by which court the offence shall be inquired into or tried.76. Court to be open
The place in which any court is held, for the purpose of inquiring into or trying any offence shall, unless the contrary is expressly provided by any Act for the time being in force, be deemed an open court to which the public generally may have access, so far as the same can conveniently contain them:Provided that the presiding Judge or magistrate may, if he considers it necessary or expedient—Transfer of cases
77. Transfer of case where offence committed outside jurisdiction
78. Transfer of cases between magistrates
Any magistrate holding a subordinate court of the first class—79. Procedure when, after commencement of inquiry or trial, magistrate finds case should be transferred to another magistrate
80. Power of High Court to change venue
Criminal proceedings
81. Power of Director of Public Prosecutions to enter nolle prosequi
82. Delegation of powers by Director of Public Prosecutions
The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by the last preceding section, by section eighty-eight and by Parts VII and VIII, may be exercised also by the Solicitor-General, the Parliamentary Draftsmen and State Advocates and the exercise of these powers by the Solicitor-General, the Parliamentary Draftsmen and State Advocates shall then operate as if they had been exercised by the Director of Public Prosecutions:Provided that the Director of Public Prosecutions may in writing revoke any order made by him under this section.[No. 47 of 1955 as amended by No. 50 of 1957, No. 23 of 1960, No. 27 of 1964 and S.I. No. 63 of 1964]83. Criminal informations by Director of Public Prosecutions
84. Signature of Director of Public Prosecutions to be evidence
Where, by any written law, the sanction, fiat or written consent of the Director of Public Prosecutions is necessary for the commencement or continuance of the prosecution of any offence, a document purporting to give such sanction, fiat or consent placed before the court by the prosecutor and purporting to be signed by the person for the time being exercising the powers and performing the duties of the Director of Public Prosecutions shall be prima facie evidence that such sanction, fiat or consent has been given.[No. 50 of 1957 as amended by S.I. No. 63 of 1964]85. Arrest of persons for offences requiring the consent of the Director of Public Prosecutions for commencement of prosecution
Appointment of public prosecutors and conduct of prosecutions
86. Power to appoint public prosecutors
87. Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal; and, if any private person instructs an advocate to prosecute in any such case, the public prosecutor may conduct the prosecution, and the advocate so instructed shall act therein under his directions.88. Withdrawal from prosecution in trials before subordinate courts
In any trial before a subordinate court, any public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced, withdraw from the prosecution of any person; and upon such withdrawal—89. Permission to conduct prosecution
Institution of proceedings making of complaint
90. Institution of proceedings
91. Issue of summons or warrant
Processes to compel the appearance of accused persons summons
92. Form and contents of summons
93. Services of summons
94. Service when person summoned cannot be found
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, or with his servant residing with him; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.95. Procedure when service cannot be effected as before provided
If service, in the manner provided by the two last preceding sections, cannot, by the exercise of due diligence, be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and, thereupon, the summons shall be deemed to have been duly served.96. Service on company
Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation, at the registered office of such company or body corporate, or by registered letter addressed to the chief officer of the corporation in Zambia. In the latter case, service shall be deemed to have been effected when the letter would arrive in ordinary course of post.97. Service outside local limits of jurisdiction
When a court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send such summons in duplicate to a magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be there served.98. Proof of service when serving officer not present
99. Power to dispense with personal attendance of accused
Warrant of arrest
100. Warrant after issue of summons
Nothwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. But no such warrant shall be issued unless a complaint or charge has been made upon oath.101. Summons disobeyed
If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section ninety-nine, the court may issue a warrant to apprehend him and cause him to be brought before such court. But no such warrant shall be issued unless a complaint or charge has been made upon oath.102. Form, contents and duration of warrant of arrest
103. Court may direct security to be taken
104. Warrants to whom directed
105. Order for assistance directed to land-holder
106. Execution of warrant directed to police officer
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.107. Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.108. Person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section one hundred and three as to security), without unnecessary delay, bring the person arrested before the court before which he is required by law to produce such person.109. Where warrant of arrest may be executed
A warrant of arrest may be executed at any place in Zambia.110. Forwarding of warrants for execution outside jurisdiction
111. Procedure in case of warrant directed to police officer for execution outside jurisdiction
112. Procedure on arrest of person outside jurisdiction
113. Irregularities in warrant
Any irregularity or defect in the substance or form of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at any inquiry or trial, shall not affect the validity of any proceedings at or subsequent to the hearing of the case, but, if any such variance appears to the court to be such that the accused has been thereby deceived or misled, such court may, at the request of the accused, adjourn the hearing of the case to some future date, and, in the meantime, remand the accused or admit him to bail.Miscellaneous provisions regarding processes
114. Power to take bond for appearance
Where any person for whose appearance or arrest the magistrate presiding in any court is empowered to issue a summons or warrant is present in such court, such magistrate may require such person to execute a bond, with or without sureties, for his appearance in such court.115. Arrest for breach of bond for appearance
When any person who is bound by any bond taken under this Code to appear before a court does not so appear, the magistrate presiding in such court may issue a warrant directing that such person be arrested and produced before him.116. Power of court to order prisoner to be brought before it
117. Provisions of this Part generally applicable to summonses and warrants
The provisions contained in this Part relating to a summons and warrant, and their issue, service and execution, shall so far as may be apply to every summons and every warrant of arrest issued under this Code.Search warrants
118. Power to issue search warrant
Where it is proved on oath to a magistrate that, in fact or according to reasonable suspicion, anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence is in any building, vessel, carriage, box, receptacle or place, the magistrate may, by warrant (called a search warrant), authorise a police officer or other person therein named to search the building, vessel, carriage, box, receptable or place (which shall be named or described in the warrant) for any such thing, and, if anything searched for be found, to seize it and carry it before the court of the magistrate issuing the warrant or some other court, to be dealt with according to law.[As amended by No. 28 of 1940]119. Execution of search warrant
Every search warrant may be issued and executed on a Sunday, and shall be executed between the hours of sunrise and sunset, but a magistrate may, by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.120. Persons in charge of closed place to allow ingress thereto and egress therefrom
121. Detention of property seized
122. Provisions applicable to search warrants
The provisions of section one hundred and two (1) and (3), one hundred and four, one hundred and six, one hundred and nine, one hundred and ten and one hundred and eleven shall, so far as may be, apply to all search warrants issued under section one hundred and eighteen.Provisions as to bail
123. Bail
124. Additional conditions of bail bond
In addition to the condition mentioned in subsection (2) of section one hundred and twenty-three, the court or officer before whom a bail bond is executed may impose such further conditions upon such bond as may seem reasonable and necessary in any particular case.[No. 50 of 1957]125. Release from custody
126. Amount of bail, and deposits
127. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and, on his failing so to do, may commit him to prison.128. Discharge of sureties
129. Death of surety
Where a surety to a bail bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.[As amended by No. 50 of 1957]130. Persons bound by recognizance absconding may be committed
If it is made to appear to any court, by information on oath, that any person bound by recognizance is about to leave Zambia, the court may cause him to be arrested, and may commit him to prison until the trial, unless the court shall see fit to admit him to bail upon further recognizance.131. Forfeiture of recognizance
132. Appeal from and revision of orders
All orders passed under the last preceding section by any magistrate shall be appealable to and may be revised by the High Court.133. Power to direct levy of amount due on recognizance
The High Court may direct any magistrate to levy the amount due on a recognizance to appear and attend at the High Court.Charges and informations
134. Offence to be specified in charge or information with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.[No. 28 of 1940]135. Joinder of counts in a charge or information
136. Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together, namely:137. Mode in which offences are to be charged
The following provisions shall apply to all charges and informations and, notwithstanding any rule of law or practice, a charge or an information shall, subject to the provisions of this Code, not be open to objection in respect of its form or contents if it is framed in accordance with the provisions of this Code:Previous conviction or acquittal
138. Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence, and convicted or acquitted of such offence, shall, while such conviction or acquittal remains in force, not be liable to be tried again on the same facts for the same offence.139. Person may be tried again for separate offence
A person convicted or acquitted of any offence may be afterwards tried for any other offence with which he might have been charged on the former trial under subsection (1) of section one hundred and thirty-five.[No. 28 of 1940]140. Consequences supervening or not known at time of former trial
A person convicted or acquitted of any act causing consequences which, together with such act, constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such different offence, if the consequences had not happened, or were not known to the court to have happened, at the time when he was acquitted or convicted.141. Where original court was not competent to try subsequent charge
A person convicted or acquitted of any offence constituted by any acts may, notwithstanding such conviction or acquittal, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged.142. Previous conviction, how proved
Compelling attendance of witnesses
143. Summons for witness
If it is made to appear that material evidence can be given by, or is in the possession of, any person, it shall be lawful for a court having cognizance of any criminal cause or matter to issue a summons to such person requiring his attendance before such court, or requiring him to bring and produce to such court, for the purpose of evidence, all documents and writings in his possession or power, which may be specified or otherwise sufficiently described in the summons.[As amended by No. 28 of 1940]144. Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring him before the court at such time and place as shall be therein specified.145. Warrant for witness in first instance
If the court is satisfied that any person will not attend as a witness unless compelled to do so, it may at once issue a warrant for the arrest and production of such person before the court at a time and place to be therein specified.146. Mode of dealing with witness arrested under warrant
When any witness is arrested under a warrant, the court may, on his furnishing security by recognizance, to the satisfaction of the court, for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish such security, order him to be detained for production at such hearing.147. Power of court to order prisoner to be brought up for examination
148. Penalty for non-attendance of witness
Examination of witnesses
149. Procedure where person charged is called for defence
Where the person charged is called by the defence as a witness to the facts of the case or to make a statement without being sworn he shall be heard immediately after the close of the evidence for the prosecution.[As amended by Act No. 6 of 1972]150. Refractory witnesses
151. Cases where wife or husband may be called without consent of accused
Commissions for the examination of witnesses
152. Issue of commission for examination of witness
153. Parties may examine witness
154. Power of magistrate to apply for issue of commission
Whenever, in the course of any inquiry, trial or other proceeding under this Code before any magistrate, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such magistrate shall apply to the High Court, stating the reasons for the application; and the High Court may either issue a commission, in the manner hereinbefore provided, or reject the application.155. Return of commission
After any commission issued under section one hundred and fifty-two or one hundred and fifty-four has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the court in which the case is depending, and the commission, the return thereto, and the deposition shall be open, at all reasonable times, to inspection by the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.156. Adjournment of inquiry or trial
In every case in which a commission is issued under section one hundred and fifty-two or one hundred and fifty-four, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.Evidence for defence
157. Competency of accused and husband or wife as witnesses
Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person:Provided that—158. Procedure where person charged is called for defence
Where the person charged is called by the defence as a witness to the facts of the case or to make a statement without being sworn, he shall be heard immediately after the close of the evidence for the prosecution.[No. 6 of 1972]158A. Completion of proceedings
159. Right of reply
In cases where the right of reply depends upon the question whether evidence has been called for the defence the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply:Provided that the Director of Public Prosecutions or Solicitor-General, when appearing personally as advocate for the prosecution, shall, in all cases, have the right of reply.[As amended by S.I. No. 63 of 1964]Procedure in case of the insanity or other incapacity of an accused person
160. Question whether accused capable of making his defence
Where on the trial of a person charged with an offence punishable by death or imprisonment the question arises, at the instance of the defence or otherwise, whether the accused is, by reason of unsoundness of mind or of any other disability, incapable of making a proper defence, the court shall inquire into and determine such question as soon as it arises.[No. 76 of 1965 as amended by No. 18 of 1966]161. Procedure where accused unfit to make his defence
Where a court, in accordance with the provisions of section one hundred and sixty, finds an accused incapable of making a proper defence, it shall enter a plea of "not guilty" if it has not already done so and, to the extent that it has not already done so, shall hear the evidence for the prosecution and (if any) for the defence.162. Procedure following order of detention during President's pleasure
163. Detention during President's pleasure
164. Discharge of persons detained during President's pleasure
165. Resumption of trial
166. Preliminary inquiries
The question whether—167. Defence of insanity at the time of the offence
167A. Application to persons detained in terms of orders made under former provisions
The provisions of sections one hundred and sixty-three, one hundred and sixty-four, one hundred and sixty-five, one hundred and sixty-six and one hundred and sixty-seven shall apply mutatis mutandis to any person detained during the President's pleasure in terms of an order made under section one hundred and fifty-one of Chapter 7 of the 1965 Edition of the Laws before the *commencement of Act No. 76 of 1965.* *7th January, 1966.[No. 24 of 1970]Judgment
168. Mode of delivering judgment
169. Contents of judgment
169A. Completion of proceedings
170. Copy of judgment, etc., to be given to accused on application
On the application of the accused person, a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay. Such copy or translation shall be given free of cost.171. Entry of judgment where public officer convicted of offence
Costs, compensation and damages
172. Costs against accused or prosecution
173. Order to pay costs appealable
An appeal shall lie from any order of a subordinate court awarding costs, under the last preceding section, to the High Court. The appellate court shall have power to give such costs of the appeal as it shall deem reasonable.174. Compensation in case of frivolous or vexatious charge
If, on the dismissal of any case, any court shall be of opinion that the charge was frivolous or vexatious, such court may order the complainant to pay to the accused person a reasonable sum, as compensation for the trouble and expense to which such person may have been put by reason of such charge, in addition to his costs.175. Power of court to order accused to pay compensation
176. Costs and compensation to be specified in order; how recoverable
The sums allowed for costs or compensation shall, in all cases, be specified in the conviction or order, and the same shall be recoverable in like manner as any penalty may be recovered under this Code; and, in default of payment of such costs or compensation or of distress as hereinafter provided, the person in default shall be liable to imprisonment with or without hard labour for a term not exceeding three months, unless such costs or compensation shall be sooner paid.177. Power of court to award expenses or compensation out of fine
178. Wrongful conversion and detention of property
Where, in a charge of stealing, dishonest receiving or fraudulent conversion, the court shall be of opinion that the evidence is insufficient to support the charge, but that it establishes wrongful conversion or detention of property, such court may order that such property be restored, and may also award damages. Any damages awarded shall be recoverable as a penalty.Restitution of property
179. Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—180. Stolen property
Miscellaneous provisions
181. When offence proved is included in offence charged
182. Person charged with any offence may be convicted of attempt
When a person is charged with an offence, he may be convicted of having attempted to commit that offence, although he was not charged with the attempt.[No. 28 of 1940]183. Person charged with treason may be convicted of treason-felony and person charged with treason or treason-felony may be convicted of sedition
184. Alternative verdicts in various offences involving the homicide of children
185. Person charged with manslaughter in connection with the driving of a motor vehicle may be convicted of reckless or dangerous driving
When a person is charged with manslaughter in connection with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an offence under subsection (1) of section one hundred and ninety-six of the Roads and Road Traffic Act (relating to reckless or dangerous driving), or under any written law in substitution therefor, he may be convicted of that offence although he was not charged with it.[Cap. 464][No. 28 of 1940]186. Alternative verdicts in charges of rape and kindred offences
187. Person charged with burglary, etc., may be convicted of kindred offence
When a person is charged with an offence under one of sections three hundred and one to three hundred and five of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of any other offence under another of the said sections, he may be convicted of that other offence although he was not charged with it:Provided that, in such case, the punishment imposed shall not exceed the maximum punishment which may be imposed for the offence with which the accused was charged.[No. 28 of 1940][Cap. 146]188. Alternative verdicts in charges of stealing and kindred offences
189. Construction of sections 181 to 188
The provisions of sections one hundred and eighty-one to one hundred and eighty-eight shall be construed as in addition to, and not in derogation of, the provisions of any other Act and the other provisions of this Code, and the provisions of sections one hundred and eighty-two to one hundred and eighty-eight shall be construed as being without prejudice to the generality of the provisions of section one hundred and eighty-one.[No. 28 of 1940]190. Person charged with misdemeanour not to be acquitted if felony proved
If, on any trial for misdemeanour, the facts proved in evidence amount to a felony, the accused shall not be therefore entitled to be acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts, unless the court before which such trial may be had shall think fit, in its discretion, to discharge such person in respect of the misdemeanour and to direct such person to be prosecuted for felony, whereupon such person may be dealt with as if not previously put on trial for misdemeanour.Part V – Mode of taking and recording evidence in inquiries and trials
191. Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any).[No. 33 of 1972]191A. Reports by medical officers in public service
192. Evidence of analyst
193. Evidence of photographic process
Where any photograph is or may become relevant to the issue in any criminal proceedings, a document purporting to be an affidavit made by the person who processed such photograph shall be admissible in evidence in any such proceedings as proof of such processing:Provided that the court in which any such document is produced may, if it thinks fit, summon such person to give evidence orally.[No. 50 of 1957]194. Evidence of plans, theft of postal matters and goods in transit on railways
195. Interpretation of evidence to accused or his advocate
196. Remarks respecting demeanour of witness
A magistrate shall record the sex and approximate age of each witness, and may also record such remarks (if any) as he thinks material respecting the demeanour of any witness whilst under examination.Part VI – Procedure in trials before subordinate courts
Provisions relating to the hearing and determination of cases
197. Trials in subordinate courts
198. Trials with assessors
If a trial is held in a subordinate court with the aid of assessors, all the provisions in this Code contained as to a trial with assessors in the High Court shall apply, so far as the same are applicable, to a trial held with assessors in a subordinate court.199. Non-appearance of complainant at hearing
If, in any case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the sumons for the hearing of the case or is brought before court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall dismiss the charge, unless, for some reason, it shall think it proper to adjourn the hearing of the case until some other date, upon such terms as it shall think fit, in which event it may, pending such adjourned hearing, either admit the accused to bail or remand him to prison, or take such security for his appearance as the court shall think fit.[As amended by No. 28 of 1940]200. Appearance of both parties
If, at the time appointed for the hearing of the case, both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section ninety-nine, the court shall proceed to hear the case.201. Withdrawal of complaint
If a complainant, at any time before a final order is passed in any case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, the court may permit him to withdraw the same, and shall, thereupon, acquit the accused.202. Adjournment
Before or during the hearing of any case, it shall be lawful for the court, in its discretion, to adjourn the hearing to a certain time and place, to be then appointed and stated in the presence and hearing of the party or parties or their respective advocates then present, and, in the meantime, the court may suffer the accused person to go at large, or may commit him to prison, or may release him, upon his entering into a recognizance, with or without sureties, at the discretion of the court, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned:Provided that no such adjournment shall be for more than thirty clear days, or, if the accused person has been committed to prison, for more than fifteen clear days, the day following that on which the adjournment is made being counted as the first day.[As amended by No. 5 of 1962]203. Non-appearance of parties after adjournment
204. Accused to be called upon to plead
205. Procedure on plea of "not guilty"
206. Acquittal
If, at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case, and shall forthwith acquit him.[As amended by No. 2 of 1960]207. The defence
208. Defence
Unless the only witness to the facts of the case called by the defence is the accused, the accused person or his advocate may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution. If an accused person wishes to give evidence or to make an unsworn statement on his own behalf, he shall do so first, and thereafter he or his advocate may examine his witnesses, and, after their cross-examination and re-examination, if any, may sum up his case.[No. 16 of 1959 as amended by No. 6 of 1972]209. Procedure where defence calls no witnesses other than accused
210. Evidence reply
If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by the exercise of reasonable diligence have foreseen, the court may allow the advocate for the prosecution to adduce evidence in reply to contradict the said matter.[No. 16 of 1959]211. Prosecutor's reply
If the accused person, or any one of several accused persons, adduces any evidence through any witness other than himself, the prosecutor shall be entitled to reply.[No. 16 of 1959]212. Where the accused person does not give evidence or make unsworn statement
If the accused person says that he does not mean to give or adduce evidence or make an unsworn statement, and the court considers that there is evidence that he committed the offence, the advocate for the prosecution may then sum up the case against the accused person, and the court shall then call upon the accused person personally or by his advocate to addres the court on his own behalf.[No. 16 of 1959]213. Variance between charge and evidence and amendment of charge
214. The decision
The court, having heard both the complainant and the accused person and their witnesses and evidence, shall either convict the accused and pass sentence upon or make an order against him, according to law, or shall acquit him.[As amended by No. 28 of 1940]215. Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up, and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.216. Order of acquittal bar to further proceedings
The production of a copy of an order of acquittal, certified by the clerk or other officer of the court, shall, unless the acquittal has been set aside by a competent court, without other proof, be a bar to any subsequent information or complaint for the same matter against the same accused person.[As amended by No. 2 of 1960]217. Committal to High Court for sentence
218. Procedure on committal for sentence
Limitations and exceptions relating to trials before subordinate courts
219. Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence, the maximum punishment for which does not exceed imprisonment for six months and/or a fine of one thousand and five hundred penalty units, shall be triable by a subordinate court, unless the charge or complaint relating to it is laid within twelve months from the time when the matter of such charge or complaint arose.[As amended by Act No. 13 of 1994]220. Procedure in case of offence unsuitable for summary trial
221. Payment by accused persons of fines which may be imposed for minor offences without appearing in court
Part VII – Provisions relating to the committal of accused persons for trial before the High Court
Preliminary inquiry by subordinate courts
222. Power to commit for trial
Any magistrate empowered to hold a subordinate court of the first, second or third class may commit any person for trial to the High Court.223. Court to hold preliminary inquiry
224. Depositions
225. How certain documents proved
At any preliminary inquiry under this Part, any document, purporting to be a report under the hand of a medical officer or a Government analyst upon any examination or analysis carried out by him, shall, if it bears his signature, be admitted in evidence, unless the court shall have reason to doubt the genuineness of such signature.226. Variance between evidence and charge
No objection to a charge, summons or warrant for defect in substance or in form, or for variance between it and the evidence of the prosecution, shall be allowed; but, if any variance appears to the court to be such that the accused person has been thereby deceived or misled, the court may, on the application of the accused person, adjourn the inquiry, and allow any witness to be recalled, and such questions to be put to him as, by reason of the terms of the charge, may have been omitted.227. Remand
228. Provisions as to taking statement or evidence of accused person
229. Evidence and address in defence
230. Discharge of accused person
If, at the close of the case for the prosecution or after hearing any evidence in defence, the court considers that the evidence against the accused person is not sufficient to put him on his trial, the court shall forthwith order him to be discharged as to the particular charge under inquiry; but such discharge shall not be a bar to any subsequent charge in respect of the same facts:Provided always that nothing contained in this section shall prevent the court from either forthwith, or after such adjournment of the inquiry as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused person may have been summoned or otherwise brought before it, or which, in the course of the charge so dismissed as aforesaid, it may appear that the accused person has committed.[No. 28 of 1940]231. Committal for trial
232. Summary adjudication
If, at the close of or during the inquiry, it shall appear to the subordinate court that the offence is of such a nature that it may suitably be dealt with under the powers possessed by the court, the court may, subject to the provisions of Part VI, hear and finally determine the matter, and either convict the accused person or dismiss the charge:Provided that, in every such case, the accused shall be entitled to have recalled for cross-examination all witnesses for the prosecution whom he has not already cross-examined.233. Complainant and witnesses to be bound over
234. Refusal to be bound over
If a person refuses to enter into the recognizance referred to in the last preceding section, the court may commit him to prison or into the custody of any officer of the court there to remain until after the trial, unless, in the meantime, he enters into a recognizance. But, if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the court shall order that the person imprisoned for so refusing be also discharged.235. Accused person entitled to copy of depositions
A person who has been committed for trial before the High Court shall be entitled, at any time before the trial, to have a copy of the depositions, on payment of a reasonable sum, not exceeding five ngwee for every hundred words, or, if the court thinks fit, without payment. The court shall, at the time of committing him for trial, inform the accused person of the effect of this provision.236. Binding over of witnesses conditionally
Preservation of testimony in certain cases
237. Taking the depositions of persons dangerously ill
Whenever it appears to any magistrate that any person dangerously ill or hurt and not likely to recover is able and willing to give material evidence relating to any offence triable by the High Court, and it shall not be practicable to take the deposition, in accordance with the provisions of this Code, of the person so ill or hurt, such magistrate may take in and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of his reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it for record.238. Notice to be given
If the statement relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be given to the prosecutor and the accused person, and, if the accused person is in custody, he may, and shall, if he so requests, be brought by the person in whose charge he is, under an order in writing of the magistrate, to the place where the statement is to be taken.[As amended by No. 24 of 1950]239. Transmission of statement
If the statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Registrar, and a copy thereof shall be transmitted to the Director of Public Prosecutions[As amended by S.I. No. 63 of 1964]240. Use of statement in evidence
Such statement, so taken, may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or if the court is satisfied that, for any sufficient cause, his attendance cannot be procured, and if reasonable notice of the intention to take such statement was given to the person (whether prosecutor or accused person) against whom it is proposed to be read in evidence, and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same.[As amended by No. 24 of 1950]Proceedings after committal for trial
241. Transmission of records to High Court and Director of Public Prosecutions
In the event of a committal for trial, the written charge, the depositions, the statement of the accused person, the recognizances of the complainant and of the witnesses, the recognizances of bail (if any) and all documents or things which have been tendered or put in evidence shall be transmitted without delay by the committing court to the Registrar, and an authenticated copy of the depositions and statement aforesaid shall be also transmitted to the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964]242. Power of Director of Public Prosecutions to direct further investigation
If, after receipt of the authenticated copy of the depostions and statement provided for by the last preceding section, and before the trial before the High Court, the Director of Public Prosecutions shall be of opinion that further investigation is required before such trial, it shall be lawful for the Director of Public Prosecutions to direct that the original depositions be remitted to the court which committed the accused person for trial, and such court may, thereupon, reopen the case and deal with it, in all respects, as if such person had not been committed for trial as aforesaid; and, if the case be one which may suitably be dealt with under the powers possessed by such court, it may, if thought expedient by the court, or if the Director of Public Prosecutions so directs, be so tried and determined accordingly.[As amended by S.I. No. 63 of 1964]243. Powers of Director of Public Prosecutions as to additional witnesses
If, after receipt of the authenticated copy of the depositions and statement as aforesaid and before the trial before the High Court, the Director of Public Prosecutions shall be of opinion that there is, in any case committed for trial, any material or necessary witness for the prosecution or the defence who has not been bound over to give evidence on the trial of the case, the Director of Public Prosecutions may require the subordinate court which committed the accused person for trial to take the depositions of such witness and compel his attendance either by summons or by warrant as herein before provided.[No. 28 of 1940 as amended by S.I. No. 63 of 1964]244. Return of depositions with a view to summary trial
245. Filing of information
246. Time in which information to be filed
247. Notice of trial
The Registrar or the Clerk of Sessions appointed under subsection (3) of section nineteen of the High Court Act shall endorse on or annex to every information filed as aforesaid, and to every copy thereof delivered to the officer of the court or police officer for service thereof, a notice of trial, which notice shall specify the particular Sessions of the High Court at which the accused person is to be tried on the said information, and shall be in the following form, or as near thereto as may be:"A.B.Take notice that you will be tried on the information whereof this is a true copy at the Sessions of the High Court to be held at ________ on the ______ day of _____ 19 ______. "[As amended by No. 5 of 1962][Cap. 27]248. Copy of information and notice of trial to be served
The Registrar shall deliver or cause to be delivered to the officer of the court or police officer serving the information a copy thereof with the notice of trial endorsed on the same or annexed thereto, and, if there are more accused persons committed for trial than one, then as many copies as there are such accused persons; and the officer of the court or police officer aforesaid shall, as soon as may be after having received the copy or copies of the information and notice or notices of trial, and three days at least before the day specified therein for trial, by himself or his deputy or other officer, deliver to the accused person or persons committed for trial the said copy or copies of the information and notice or notices, and explain to him or them the nature and exigency thereof; and, when any accused person shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said information and notice of trial with someone of his household for him at his dwelling-house, or with someone of his bail for him, and, if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwellinghouse or dwelling-houses of the accused person or of any of his bail:Provided always that nothing herein contained shall prevent any person committed for trial, and in custody at the opening of or during any Sessions of the High Court, from being tried thereat, if he shall express his assent to be so tried and no special objection be made thereto on the part of the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964]249. Return of service
The officer serving the copy or copies of the information and notice or notices of trial shall forthwith make to the Registrar a return of the mode of service thereof.250. Postponement of trial
Rules as to informations by the Director of Public Prosecutions
251. Informations by Director of Public Prosecutions
All informations drawn up in pursuance of section two hundred and forty-five shall be in the name of and (subject to the provisions of section eighty-two) signed by the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964]252. Form of information
Every information shall bear date of the day when the same is signed, and, with such modifications as shall be necessary to adapt it to the circumstances of each case, may commence in the following form:In the High Court for ZambiaThe ______ day of _____ 19 _____At the Sessions holden at ______ on the day of ______, 19 ______, the Court is informed by the Director of Public Prosecutions on behalf of the People that A.B. is charged with the following offence (or offences).[As amended by S.I. No. 63 of 1964]Part VIII – Summary committal procedure for trial of accused person before the High Court
[No. 27 of 1964]253. Interpretation
In this Part, unless the context otherwise requires—"summary procedure case" means any case certified under the provisions of this Part as a proper case for trial before the High Court after summary committal procedure.254. Certifying of case as a summary procedure case
Notwithstanding anything contained in Part VII, in any case where a person is charged with an offence not triable by a subordinate court, the Director of Public Prosecutions may issue a certificate in writing that the case is a proper one for trial by the High Court as a summary procedure case and such case shall, upon production to a subordinate court of such certificate, be dealt with by the subordinate court in accordance with the provisions of this Part.[As amended by S.I. No. 63 of 1964]255. No preliminary inquiry in summary procedure case
No such preliminary inquiry as is referred to in Part VII shall be held in respect of any case in which the Director of Public Prosecutions has issued and the prosecutor has produced to a subordinate court a certificate issued under the provisions of section two hundred and fifty-four, but the subordinate court before whom the accused person is brought shall, upon production of such certificate, and whether or not a preliminary inquiry has already been commenced, forthwith commit the accused person for trial before the High Court upon such charge or charges as may be designated in the certificate.[As amended by S.I. No. 63 of 1964]256. Record to be forwarded
Upon the committal of the accused person for trial in a summary procedure case, the record of the proceedings, including, in any case where a preliminary inquiry has been commenced, any depositions taken and any exhibits produced, shall be transmitted without delay by the committing court to the Registrar, and an authenticated copy of the record shall also be transmitted to the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964]257. Filing of an information
258. Statements, etc., to be supplied to the accused
In every summary procedure case in which an information has been filed under the provisions of section two hundred and fifty-seven, the prosecution shall, not less than fourteen clear days before the date fixed for the trial of the case, furnish to the accused person or his legal practitioner, if any, and to the Registrar a list of the persons whom it is intended to call as witnesses for the prosecution at the trial and a statement of the evidence of each witness which it is intended to adduce at the trial:Provided that the Court may, upon such conditions as it may determine, permit the prosecution to call a witness whose name does not appear on the said list, to give evidence.[As amended by Act 30 of 1976]259. Affidavit of medical witness may be read as evidence
Part IX – Procedure in trials before the High Court
Practice and mode of trial
260. Practice of High Court in its criminal jurisdiction
The practice of the High Court, in its criminal jurisdiction, shall be assimilated, as nearly as circumstances will admit, to the practice of Her Britannic Majesty's High Court of Justice in its criminal jurisdiction and of Courts of Oyer and Terminer and General Gaol Delivery in England.[As amended by S.I. No. 63 of 1964]261. Trials before High Court
All trials before the High Court shall be held before a Judge sitting alone, or before a Judge with the aid of assessors (if the presiding Judge so decides), the number of whom shall be two or more as the court thinks fit.List of assessors
262. Preparation of list of assessors
Magistrates shall, before the 1st March in each year, and subject to such rules as the Chief Justice may, from time to time, prescribe, prepare lists of suitable persons in their districts liable to serve as assessors.[As amended by No. 2 of 1960 and S.I. No. 63 of 1964]263. Liability to serve
Subject to the exemptions in the next succeeding section contained, all male persons between the ages of twenty-one and sixty shall be liable to serve as assessors:Provided that the Chief Justice may, from time to time, make rules regulating the area within which a person may be summoned to serve.[As amended by No. 2 of 1960]264. Exemptions
The following persons are exempt from liability to serve as assessors, save with their own consent, namely:265. Publication of list
266. Revision of list
Attendance of assessors
267. Summoning assessors
268. Form of summons
Every summons to an assessor shall be in writing, and shall require his attendance at a time and place to be therein specified.269. Excuses
The High Court may, for reasonable cause, excuse any assessor from attendance at any particular Sessions, and may, if it shall think fit, at the conclusion of any trial, direct that the assessors who have served at such trial shall not be summoned to serve again for a period of twelve months.270. List of assessors attending
271. Penalty for non-attendance of assessor
Arraignment
272. Pleading to information
The accused person to be tried before the High Court, upon an information, shall be placed at the bar unfettered, unless the court shall see cause otherwise to order, and the information shall be read over to him by the Registrar or other officer of the court, and explained, if need be, by that officer, or interpreted by the interpreter of the court, and such accused person shall be required to plead instantly thereto, unless, where the accused person is entitled to service of a copy of the information, he shall object to the want of such service, and the court shall find that he has not been duly served therewith.273. Orders for amendment of information, separate trial, and postponement of trial
274. Quashing of information
If an information does not state, and cannot, by any amendment authorised by the last preceding section, be made to state, any offence of which the accused has had notice, it shall be quashed, either on a motion made before the accused pleads, or on a motion made in arrest of judgment. A written statement of every such motion shall be delivered to the Registrar or other officer of the court by or on behalf of the accused, and shall be entered upon the record.275. Procedure in case of previous convictions
Where an information contains a count charging an accused person with having been previously convicted of any offence, the procedure shall be as follows:276. Plea of "not guilty"
Every accused person, upon being arraigned upon any information, by pleading generally thereto the plea of "not guilty", shall, without further form, be deemed to have put himself upon his trial.277. Plea of autrefois acquit and autrefois convict
278. Refusal to plead
If an accused person, being arraigned upon any information, stands mute of malice, the court, if it thinks fit, shall order the Registrar or other officer of the court to enter a plea of "not guilty" on behalf of such accused person, and the plea so entered shall have the same force and effect as if such accused person had actually pleaded the same.[No. 11 of 1963]279. Plea of "guilty"
If the accused pleads "guilty", the plea shall be recorded and he may be convicted thereon.280. Proceedings after plea of "not guilty"
If the accused pleads "not guilty", or if a plea of "not guilty" is entered in accordance with the provisions of section two hundred and seventy-eight, the court shall proceed to choose assessors, as hereinafter directed (if the trial is to be held with assessors), and to try the case:Provided that the same assessors may aid in the trial of as many accused persons successively, as the court thinks fit.281. Power to postpone or adjourn proceedings
Selection of assessors
282. Selection of assessors
When a trial is to be held with the aid of assessors, the court shall select two or more from the list of those summoned to serve as assessors at the Sessions, as it deems fit.283. Absence of an assessor
284. Assessors to attend at adjourned sittings
If the trial is adjourned, the assessors shall be required to attend at the adjourned sitting, and at any subsequent sitting, until the conclusion of the trial.Case for the prosecution
285. Opening of case for prosecution
When the assessors have been chosen (if the trial is before a Judge with the aid of assessors), the advocate for the prosecution shall open the case against the accused person, and shall call witnesses and adduce evidence in support of the charge.286. Additional witnesses for prosecution
No witness who has not given evidence at the preliminary inquiry shall be called by the prosecution at any trial, unless the accused person has received reasonable notice in writing of the intention to call such witness. The notice must state the witness's name and address and the substance of the evidence which he intends to give. The court shall determine what notice is reasonable, regard being had to the time when and the circumstances under which the prosecution became acquainted with the nature of the witness's evidence and determined to call him as a witness. No such notice need be given if the prosecution first became aware of the evidence which the witness could give on the day on which he is called.287. Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution.288. Depositions may be read as evidence in certain cases
289. Deposition of medical witness may be read as evidence
290. Statement or evidence of accused
Any statement or evidence of the accused person duly certified by the committing magistrate in the manner provided by subsection (4) of section two hundred and twenty-eight may, whether signed by the accused person or not, be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to certify the same did not in fact certify it.[No. 28 of 1940]291. Close of case for prosecution
Case for the defence
292. The defence
Unless the only witness to the facts of the case called by the defence is the accused, the accused person or his advocate may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution. The accused person may then give evidence on his own behalf, and he or his advocate may examine his witnesses, and, after their cross-examination and re-examination (if any), may sum up his case.293. Additional witnesses for defence
The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial, if such witness is in attendance, but he shall not be entitled, as of right, to have any witness summoned, other than the witnesses whom he named to the subordinate court committing him for trial, as witnesses whom he desired to be summoned.294. Evidence in reply
If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by the exercise of reasonable diligence have foreseen, the court may allow the advocate for the prosecution to adduce evidence in reply to contradict the said matter.[No. 28 of 1940]295. Prosecutor's reply
If the accused person, or any one of several accused persons, adduces any evidence through any witness other than himself, the prosecutor shall be entitled to reply.[As amended by No. 16 of 1959]296. Where accused person does not give evidence
If the accused person says that he does not mean to give or adduce evidence, and the court considers that there is evidence that he committed the offence, the advocate for the prosecution may then sum up the case against the accused person, and the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.[As amended by No. 50 of 1957]Close of hearing
297. Delivery of opinions by assessors
Passing sentence
298. Motion in arrest of judgment
299. Sentence
If no motion in arrest of judgment is made, or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the Sessions.300. Power to reserve decision on question raised at trial
The court before which any person is tried for an offence may reserve the giving of its final decision on questions raised at the trial, and its decision, whenever given, shall be considered as given at the time of trial.301. Objections cured by judgment
No judgment shall be stayed or reversed on the ground of any objection which, if stated after the information was read over to the accused person, or during the progress of the trial, might have been amended by the court, nor for any informality in swearing the witnesses or any of them.302. Evidence for arriving at proper sentence
The court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed.Part X – Sentences and their execution
Sentence of death
303. Sentence of death
When any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck till he is dead.304. Authority for detention
A certificate, under the hand of the Registrar or the clerk of the court, as the case may be, that sentence of death has been passed, and naming the person condemned, shall be sufficient authority for the detention of such person.305. Record and report to be sent to President
306. Procedure where woman convicted of capital offence alleges she is pregnant
Other sentences
307. Warrant in case of sentence of imprisonment
A warrant under the hand of the Judge or magistrate by whom any person shall be sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Zambia, shall be issued by the sentencing Judge or magistrate, and shall be full authority to the officer in charge of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death.[As amended by No. 28 of 1940 and No. 16 of 1959]308. Warrant for levy of fine, etc.
309. Objections to attachment
310. Suspension of execution of sentence of imprisonment in default of fine
311. Commitment for want of distress
If the officer having the execution of a warrant of distress reports that he could find no property, or not sufficient property, whereon to levy the money mentioned in the warrant with expenses, the court may, by the same or a subsequent warrant, commit the person ordered to pay to prison, for a time specified in the warrant, unless the money and all expenses of the distress, commitment and conveyance to prison, to be specified in the warrant, are sooner paid.312. Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or to his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may, if it thinks fit, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.313. Payment in full after commitment
Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall, thereupon, discharge him, if he is in custody for no other matter.314. Part payment after commitment
315. Who may issue warrant
Every warrant for the execution of any sentence may be issued either by the Judge or magistrate who passed the sentence, or by his successor in office.316. Limitation of imprisonment
No commitment for non-payment shall be for a longer period than nine months, unless the written law under which the conviction has taken place enjoins or allows a longer period.Previously convicted offenders
317. Person twice convicted may be subjected to police supervision
318. Requirements from persons subject to police supervision
319. Failure to comply with requirements under section 318
If any person subject to police supervision who is at large in Zambia refuses or neglects to comply with any requirement prescribed by the last preceding section or by any rule made thereunder, such person shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months.Defects in order or warrant
320. Errors and omissions in orders and warrants
The court may, at any time, amend any defect in substance or in form in any order or warrant, and no omission or error as to time or place, and no defect in form in any order or warrant given under this Code, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment, and there is a valid conviction or judgment to sustain the same.Part XI – Appeals
321. Appeals
321A. Appeals by Director of Public Prosecutions
322. Limitation
No appeal shall be heard unless entered—(a)in the case of an appeal against sentence, within fourteen days of the date of such sentence;(b)in the case of an appeal against conviction, within fourteen days of the date of sentence imposed in respect of such conviction:(c)remit the matter to the subordinate court for rehearing and determination, with such directions as it may deem necessary; or(d)make such other order including an order as to costs, as it may deem fit.323. Procedure preliminary to appeal
324. Procedure for application to appeal out of time
325. Procedure on appeal
Every appellant shall be entitled, if he so desires, to be present at the hearing of his appeal, and to be heard, either personally or by his advocate. If he does not desire to be present or to be heard, either personally or by his advocate, then the appellate court shall decide the appeal summarily, without hearing argument, unless it sees fit to direct otherwise, on the documents forwarded to it as in section three hundred and twenty-three provided.326. Notice of time and place of hearing
If the appellate court does not determine the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the public or private prosecutor at the place where the appeal is to be heard, of the time and place at which such appeal will be heard, and shall furnish such prosecutor with a copy of the documents prescribed by section three hundred and twenty-three.327. Powers of appellate court
328. Pronouncement of decision of the High Court sitting as an appellate court
329. Order of appellate court to be certified
The appellate court shall certify its judgment or order to the court below, which shall, thereupon, make such orders as are conformable to the judgment or order of the appellate court, and, if necessary, the records shall be amended in accordance therewith.330. Postponement of corporal punishment
In the case of a conviction involving sentence of corporal punishment—331. Suspension of orders on conviction
The operation of any order for the restitution of any property to any person made on a conviction, and the operation, in the case of any conviction, of any rule of law as to the revesting of the property in stolen goods on conviction, as also the operation of any order of compensation to an injured party, shall be suspended—332. Admission to bail or suspension of sentence pending appeal
333. Further evidence
334. Appeals to be heard by one Judge unless the Chief Justice otherwise directs
335. Abatement of appeals
Every appeal from a subordinate court (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.336. Bail in cases of appeals to Supreme Court
Revision
337. Power of High Court to call for records
The High Court may call for and examine the record of any criminal proceedings before any subordinate court, for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed; and as to the regularity of any proceedings of any such subordinate court.338. Powers of High Court on revision
339. Discretion of High Court as to hearing parties
No party has any right to be heard, either personally or by advocate, before the High Court when exercising its powers of revision:Provided that the High Court may, if it thinks fit, when exercising such powers, hear any party either personally or by advocate.[As amended by G.N. No. 493 of 1964]340. Order to be certified to lower court
When a case is revised by the High Court, the Court shall certify its decision or order to the court by which the sentence or order, so revised, was recorded or passed, and the court to which the decision or order is so certified shall, thereupon, make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.[As amended by G.N. No. 493 of 1964]Case stated
341. Case stated by subordinate court
After the hearing and determination by any subordinate court of any summons, charge, information or complaint, either party to the proceedings before the said subordinate court may, if dissatisfied with the said determination, as being erroneous in point of law, or as being in excess of jurisdiction, apply in writing, within fourteen days after the said determination, to the said subordinate court to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of the High Court, and such party (hereinafter called "the appellant") shall—342. Recognizance to be taken and fees paid
The appellant, at the time of making such application, and before the case shall be stated and delivered to him by the subordinate court, shall, in every instance, enter into a recognizance before such subordinate court, with or without surety or sureties, and in such sum not exceeding one hundred kwacha as to the subordinate court shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the High Court, and to pay such costs as may be awarded by the same; and, before he shall be entitled to have the case delivered to him, he shall pay to the clerk of such subordinate court his fees for and in respect of the case and recognizance, which fees shall be in accordance with the Third Schedule. The appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same subordinate court, or, if that is impracticable, before some other subordinate court exercising the same jurisdiction, within fourteen days after the judgment of the High Court shall have been given, to abide such judgment, unless the determination appealed against be reversed:Provided that nothing in this section shall apply to an application for a case stated by or under the direction of the Director of Public Prosecutions.[As amended by S.I. No. 152 of 1965]343. Subordinate court may refuse case when it thinks application frivolous
If the subordinate court be of opinion that the application is merely frivolous, but not otherwise, it may refuse to state a case, and shall, on the request of the appellant, and on payment of the fee set out in the Third Schedule, sign and deliver to him a certificate of such refusal:Provided that the subordinate court shall not refuse to state a case when the application for that purpose is made to it by or under the direction of the Director of Public Prosecutions, who may require a case to be stated with reference to proceedings to which he was not a party.[As amended by S.I. No. 63 of 1964]344. Procedure on refusal of subordinate court to state case
Where a subordinate court refuses to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the subordinate court to state a case.345. Constitution of court hearing case stated
A case stated for the opinion of the High Court shall be heard by one Judge of the Court except when, in any particular case, the Chief Justice shall direct that it shall be heard by two Judges. Such direction may be given before the hearing or at any time before judgment is delivered. If, on the hearing, the Court is equally divided in opinion, the decision of the subordinate court shall be affirmed.[No. 2 of 1960]346. High Court to determine questions on case
The High Court shall (subject to the provisions of the next succeeding section) hear and determine the question or questions of law arising on the case stated, and shall, thereupon, reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the subordinate court with the opinion of the High Court thereon, or may make such other order in relation to the matter, and may make such order as to costs, as to the Court may seem fit, and all such orders shall be final and conclusive on all parties:Provided that—347. Case may be sent back for amendment or rehearing
The High Court shall have power, if it thinks fit—348. Powers of subordinate court after decision of High Court
After the decision of the High Court has been given on a case stated, the subordinate court in relation to whose determination the case has been stated, or any other subordinate court exercising the same jurisdiction, shall have the same authority to enforce any conviction or order which may have been affirmed, amended or made by the High Court as the subordinate court which originally decided the case would have had to enforce its determination, if the same had not been appealed against; and no action or proceeding whatsoever shall be commenced or had against the magistrate holding such subordinate court for enforcing such conviction or order, by reason of any defect in the same respectively.349. Appellant may not proceed both by case stated and by appeal
No person who has appealed under section three hundred and twenty-one shall be entitled to have a case stated, and no person who has applied to have a case stated shall be entitled to appeal under section three hundred and twenty-one.350. Contents of case stated
A case stated by a subordinate court shall set out—351. High Court may enlarge time
The High Court may, if it deems fit, enlarge any period of time prescribed by section three hundred and forty-one or three hundred and forty-two.[As amended by No. 5 of 1962]351A. Interpretation
In this Part, "appellate court" means the High Court.[No. 23 of 1971]Part XII – Supplementary provisions
Irregular proceedings
352. Proceedings in wrong place
No finding, sentence or order of any court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a wrong district, unless it appears that such error has in fact occasioned a substantial miscarriage of justice.[As amended by No. 16 of 1959]353. Finding or sentence when not reversible
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on any ground whatsoever unless any matter raised in such ground has, in the opinion of the appellate court, in fact occasioned a substantial miscarriage of justice:Provided that, in determining whether any such matter has occasioned a substantial miscarriage of justice, the court shall have regard to the question whether the objection could and should have been raised at an earlier stage in the proceeding.[No. 16 of 1959]354. Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings
No distress made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto.Miscellaneous
355. Disposal of exhibits
356. Corporations
357. Prescribed fees
In addition to or in substitution for the fees set forth in the Third Schedule, the Chief Justice may prescribe the fees to be paid for any proceedings in the High Court and in subordinate courts. Such fees shall be paid by the party prosecuting, and may be charged as part of the costs, if so ordered. The payment of fees may, on account of the poverty of any person or for other good reason, be dispensed with by the court of trial.[As amended by No. 2 of 1960]358. Prescribed forms
359. Rules
Non-application of British Act
360. Non-application
The Criminal Evidence Act, 1898, of the United Kingdom, shall not apply to the Republic.History of this document
26 December 2023 amendment not yet applied
17 May 2005 amendment not yet applied
16 September 2003 amendment not yet applied
29 December 2000 amendment not yet applied
01 September 2000 amendment not yet applied
01 February 1997 amendment not yet applied
31 December 1996 this version
Consolidation
01 April 1934
Commenced
Subsidiary legislation
| Title | Numbered title |
|---|---|
| Criminal Procedure Code (Economic and Financial Crimes Court) Rules, 2024 | Statutory Instrument 10 of 2024 |
| Criminal Procedure Code (Offences Prescribed under section 221) Notice, 1986 | Statutory Instrument 50 of 1986 |