221. Payment by accused persons of fines which may be imposed for minor offences without appearing in court (1) When any person is summoned to appear before a subordinate court or is arrested or informed by a police officer that proceedings will be instituted against him, then— (a) if the offence in respect of which the summons is issued, the arrest made or the proceedings are to be instituted is punishable by— (i) a fine not exceeding one thousand and five hundred penalty units or imprisonment in default of payment of such fine; or (ii) a fine not exceeding one thousand and five hundred penalty units or imprisonment not exceeding six months; or (iii) a fine not exceeding one thousand and five hundred penalty units or imprisonment not exceeding six months, or both; or is an offence specified by the Chief Justice, by statutory notice, as been an offence to which the provisions of this section shall apply; and (b) if such person has been served with a concise statement, in such form as may be prescribed by the Chief Justice, of the facts constituting and relating to the offence in respect of which the summons is issued, the arrest made or the proceedings are to be instituted; such person may, before appearing in court to answer the charge against him, sign and deliver to the prescribed officer a document, in such form as may be prescribed by the Chief By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 58 Criminal Procedure Code, 1933 (Chapter 88) Zambia Justice (in this section called an "Admission of Guilt Form") admitting that he is guilty of the offence charged; and (c) if such person forthwith— (i) deposits with the prescribed officer the maximum amount of the fine which may be imposed by the court or such lesser sum as may be fixed by such officer; or (ii) furnishes to the prescribed officer such security, by way of deposit of property, as may be approved by such officer for the payment within one month of any fine which may be imposed by the court; such person shall not be required to appear in court to answer the charge made against him unless the court, for reasons to be recorded in writing, shall otherwise order. The appearance in court of such person may be enforced by summons, or if necessary, by warrant. (2) A copy of the aforesaid concise statement of facts and the Admission of Guilt Form signed and delivered as aforesaid shall forthwith be transmitted by the prescribed officer to the court before which such person would otherwise have been required to appear and may be entered by the court in the court records. (3) A person who has signed and delivered an Admission of Guilt Form may, at any time before the fixed day, transmit to the clerk of the court— (a) an intimation in writing purporting to be given by him or on his behalf that he wishes to withdraw the Admission of Guilt Form aforesaid; or (b) in writing, any submission which he wishes to be brought to the attention of the court with a view to mitigation of sentence. (4) On receipt of an intimation of withdrawal transmitted under the provisions of subsection (3), the clerk of the court shall forthwith inform the prosecutor thereof. (5) On the fixed day the court may adjourn the hearing in accordance with the provisions of this Code or may proceed to hear and dispose of the case in open court in accordance with such one of the following procedures as is appropriate: (a) If the accused person has not withdrawn the Admission of Guilt Form aforesaid, the court shall cause the charge as stated therein and the statement of facts aforesaid and any written submission in mitigation received in accordance with the provisions of subsection (3) to be read out in court and shall then proceed to judgment in accordance with law as if such person had appeared and pleaded guilty: Provided that the accused person, or his advocate, if no submission in mitigation as aforesaid has been received by the clerk of court, shall be entitled to address the court in mitigation before sentence is passed on him. (b) (c) If the accused person has withdrawn the admission of guilt and appears in court, the court shall immediately, or after any such adjournment as the court may think fit, try the offence alleged to have been committed, in accordance with the provisions of this Code as if this section had not been passed. If the accused person has withdrawn his admission of guilt and does not appear in court, the court shall thereupon issue a summons commanding the attendance of the accused person before the court, which shall, on the date stated on the summons, inquire into and try the offence alleged to have been committed, in accordance with the provisions of this Code as if this section had not been passed. (6) On the trial of an accused person who has withdrawn his admission of guilt, the court shall not permit any evidence to be led or any cross-examination of such accused person in any way relating to his Admission of Guilt Form. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 59 Criminal Procedure Code, 1933 (Chapter 88) Zambia (7) (a) If payment of the fine imposed has not been made in accordance with the terms of the security given under paragraph (c) (ii) of subsection (1), the property so deposited may be sold and the fine paid out of the proceeds of such sale. (b) If the sum of money deposited under paragraph (c) (i) of subsection (1) or the proceeds of a sale of property effected under paragraph (a) of this subsection be not sufficient to pay the fine imposed the balance of the fine remaining due shall be recovered from the convicted person in the manner provided by section three hundred and eight. (c) Any balance remaining of the sum of money deposited under paragraph (c) (i) of subsection (1) or of the proceeds of a sale of property effected under paragraph (a) of this subsection after the deduction of the amount of any fine imposed shall be paid over to the accused person, and, in any case where no fine is imposed, the whole of such sum shall be paid over or the property deposited shall be returned to the accused person. (d) Where an accused person in respect of whom a summons has been issued in accordance with paragraph (c) of subsection (5) is not found and is not served with the summons as aforesaid within twenty-eight days from the date of issue of the summons, the court shall, upon the application of the person having custody of the money or security deposited, order the sum of money deposited under paragraph (c) (i) of subsection (1) or the property deposited by way of security under paragraph (c) (ii) of subsection (1) to be forfeited and, in the case of property deposited as aforesaid, to be sold. (8) For the purposes of this section, the "prescribed officer" shall be any police officer of or above the rank of Sub-Inspector and "fixed day" means the day stated in the Admission of Guilt Form for the appearance of the accused before the court. (9) (a) Subject to the provisions of paragraph (b), no punishment other than a fine shall be imposed on any person convicted under this section. (b) Where an accused person is, under the provisions of this section, convicted of an offence under the Roads and Road Traffic Act, the court may, in addition to any fine imposed, exercise the powers of suspension, cancellation, disqualifying and endorsement conferred upon courts by the said Act. [Cap. 464] (c) Any fee paid into court, under paragraph (b), as a fine, in respect of a road traffic offence under the Roads and Road Traffic Act, shall be paid into the general revenues of the Republic. [Cap. 464] (10) The provisions of this section shall not apply— (a) where the accused person is a juvenile within the meaning of the Juveniles Act; or [Cap. 53] (b) in respect of such offences or classes of offence as the Chief Justice may specify by statutory notice. [No. 16 of 1959 as amended by No. 2 of 1960, No. 27 of 1964, No. 6 of 1972, Act No. 13 of 1994 and Act No. 5 of 1997] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 60 Criminal Procedure Code, 1933 (Chapter 88) Zambia Part VII – Provisions relating to the committal of accused persons for trial before the High Court Preliminary inquiry by subordinate courts