Criminal Procedure Code, 1933

A person who has already been tried, convicted, or acquitted for an offence cannot be tried again on the same facts for the same offence while that conviction or acquittal remains in force.

A person who was convicted or acquitted of an offence may later be tried for another offence linked to the former trial under section 135(1).

If later consequences create a different offence, a person who was already convicted or acquitted may be tried for that different offence.

A person who was convicted or acquitted of an offence based on certain acts may still be charged and tried for another offence based on the same acts if the first court was not competent to try it.

This section says how a previous conviction can be proved in proceedings under the Code, including by certified records, prison certificates, warrant production, fingerprint-based certificates, or foreign conviction certificates, and it allows a court in some cases to consider a prior conviction after notice has been served.

A court dealing with a criminal case may summon a person to attend and, if required, bring documents or writings for evidence.

If a witness does not appear after being properly summoned, and has no sufficient excuse, the court may issue a warrant to bring the witness before it.

If the court is satisfied a witness will not attend unless compelled, it may issue a warrant for the person’s arrest and production before the court.

If a witness is arrested under a warrant, the court may release them if they provide security for appearing at the hearing; otherwise, the court must detain them for production at the hearing.

A court may order a prison officer to bring a prisoner before the court for examination, and the prison officer must comply and keep the prisoner safely in custody during the absence.

A summoned witness who fails to attend without lawful excuse, leaves without permission, or does not return after adjournment can be fined up to 600 penalty units, and may be imprisoned for 15 days if the fine is not recovered.

If a charged person is called by the defence as a witness or to make an unsworn statement, they must be heard immediately after the prosecution finishes its evidence.

If a witness refuses to be sworn, answer questions, produce required items, or sign a deposition without sufficient excuse, the court may adjourn the case and commit the person to prison for up to eight days.

In an inquiry or trial, a spouse may be a witness for the prosecution or defence without the accused person’s consent, subject to listed exceptions.

The High Court may issue a commission to a magistrate to examine a witness when the witness’s evidence is needed and attendance would be unreasonably delayed, costly, or inconvenient.

When a commission is issued, parties may send written interrogatories, appear before the magistrate, and question the witness; the magistrate must examine the witness on those interrogatories.

A magistrate must apply to the High Court for a commission if a witness’s evidence is necessary and attendance would be unreasonably delayed, costly, or inconvenient; the High Court may grant or رفض the application.

A commission and related deposition must be returned to the court, and the parties may inspect them and, subject to just exceptions, read them in evidence.

If a commission is issued under section 152 or 154, the inquiry, trial, or other proceeding may be adjourned for a time long enough to execute and return the commission.

An accused person and the accused’s spouse may be witnesses for the defence, and the accused may choose whether to be called as a witness.

If the person charged is called by the defence as a witness or to make an unsworn statement, the person must be heard immediately after the prosecution finishes its evidence.

If the original judge or magistrate cannot deliver a prepared judgment, the Chief Justice may assign another officer to do it, and the relevant judicial officer must then finish the case.

The prosecution does not get a right of reply just because the accused person was called as a witness, but the Director of Public Prosecutions or Solicitor-General has that right when appearing personally for the prosecution.

If a defendant in a death- or imprisonment-punishable case may be unable to defend themselves because of unsoundness of mind or another disability, the court must inquire into and decide that issue immediately.

If a court finds an accused cannot properly defend themself, it must enter a not-guilty plea, hear the prosecution and any defence evidence, and then either acquit and discharge the accused or order detention during the President’s pleasure depending on the evidence.

If a subordinate court orders detention during the President's pleasure, the court must send the record to the High Court, which may review the matter and, if requested within 14 days, hear evidence or the parties. If the High Court makes or confirms the order, the judge must send a report and record to the President.

People ordered to be detained during the President’s pleasure may be held in a place and under conditions the President directs, and the officer in charge must report to the President every six months.

The President may order the discharge of a person detained during the President's pleasure, and may make that discharge conditional.

If a medical officer suggests the accused’s defence capacity should be re-examined, the President must order the person brought before a court, and the court must decide that question.

In a preliminary inquiry, the court must not decide whether the accused lacked capacity because of unsoundness of mind or another disability.

If the accused was insane at the time of the offence, the court must make a special finding of not guilty by reason of insanity.

Sections 163 to 167 also apply, with necessary changes, to certain people detained under a pre-commencement order made under section 151.

Judgments in subordinate court trials must be delivered in open court, with notice if delayed, and the accused must generally attend to hear them.

A trial judgment must be prepared by the presiding officer, state the issues, decision, and reasons, and be dated and signed in open court. Conviction and acquittal judgments have additional required statements.

If a judge or magistrate cannot deliver a prepared judgment because of illness, death, loss of jurisdiction, or a similar reason, the Chief Justice may assign another judge or magistrate to deliver it. After delivery, the judge or magistrate must finish the case proceedings.

If the accused asks, the court must give them a copy of the judgment, or a translation in their own language if practicable, without delay and free of charge.

If a public service employee is convicted of a prescribed offence, the court must enter judgment for the value of the property involved.

A judge or magistrate may order a convicted person to pay reasonable costs, and may also order costs paid to an accused person who is acquitted or discharged, unless there were reasonable grounds for the complaint.

An appeal may be taken to the High Court from a subordinate court order awarding costs, and the appellate court may award reasonable costs of the appeal.

If a case is dismissed and the court thinks the charge was frivolous or vexatious, the court may order the complainant to pay the accused a reasonable compensation sum, plus costs.

A court may order a convicted person to pay compensation to another person, but only in the stated conditions and up to fifty kwacha.

Costs or compensation must be stated in the conviction or order, and if they are not paid, the person in default may be imprisoned for up to three months unless payment is made sooner.

A court may use all or part of a fine to cover prosecution expenses or pay compensation for loss or injury caused by the offence, and a civil court must consider compensation already paid or recovered under this section or section 175.

If evidence does not support a theft-related charge but does show wrongful conversion or detention of property, the court may order the property restored and may award damages.

If property is taken from a person after arrest for an offence, the court may order it returned or used to pay fines, costs, or compensation.

Stolen property may have to be returned to the owner after conviction, with some exceptions, and the court can make restitution orders.

A person charged with an offence may be convicted of a minor offence in some circumstances, even if not originally charged with that minor offence.

A person charged with an offence can be convicted of attempting that offence even if the attempt was not separately charged.

A person charged with treason may be convicted of treason-felony, and a person charged with treason or treason-felony may be convicted of sedition, if the evidence supports that lesser offence.

A court may convict a person of certain lesser child-related offences even if that offence was not charged.

A court may convict a person charged with manslaughter from motor-vehicle driving of reckless or dangerous driving instead, if the court thinks the manslaughter charge is not proved but the lesser offence is.

A court may convict a person of certain lesser or related sexual offences even if those offences were not originally charged, when the evidence supports them.

A court may convict a person of a different offence under sections 301 to 305 even if that person was not charged with it, if the court thinks the original charge is not proved but another of those offences is.

A person charged with stealing or obtaining property by false pretences can be convicted of certain related offences proved by the facts, even if those offences were not originally charged.

Sections 181 to 188 are to be read as additional to other law, not as limiting it, and sections 182 to 188 do not limit the general meaning of section 181.

If facts in a misdemeanour trial amount to a felony, the accused is not entitled to acquittal for the misdemeanour, and later felony prosecution on the same facts is barred unless the court orders discharge and felony prosecution.

Evidence in an inquiry or trial must generally be taken in the accused’s presence, unless another express rule applies; if the accused’s personal attendance has been dispensed with, the accused’s advocate may be present instead.

A medical officer’s report in criminal proceedings can be admitted as evidence, and the court may summon the officer or use written questions; the accused can request a summons at least 7 days before trial.

In certain criminal proceedings, an affidavit about a chemical or bacteriological examination may be admitted as evidence if made by a qualified person; the court may also require oral evidence or written questions, and the accused can request oral evidence at least seven days before trial.

If a photograph is relevant in criminal proceedings, an affidavit from the person who processed it is admissible as proof of that processing.

Section 194 sets out when certificates, plans, drawings, and statutory declarations may be used as evidence in certain criminal proceedings, and requires advance service of copies or notice in some cases.

Evidence given in a language not understood by the accused must be interpreted to the accused or advocate, and the court may require interpretation of documents used for formal proof.

A magistrate must record each witness’s sex and approximate age, and may record remarks about a witness’s demeanour if he considers them material.

Subordinate-court trials are generally heard by a magistrate alone or, if the magistrate decides, with two or more assessors; treason or murder trials must use assessors if they can be obtained.

If a trial in a subordinate court uses assessors, the Code provisions on High Court trials with assessors apply as far as they can.

If the complainant does not appear at the hearing after notice, the court must dismiss the charge, unless it decides to adjourn the case.

When the complainant and accused person appear at the scheduled hearing, or when the complainant appears and the accused person’s attendance has been dispensed with under section 99, the court must hear the case.

A complainant may withdraw a complaint before final order only if the court is satisfied there are sufficient grounds; if withdrawal is permitted, the court must acquit the accused.

The court may adjourn a hearing, and while it is adjourned may let the accused go free, keep them in prison, or release them on recognizance with or without sureties.

If an accused person or complainant does not appear after adjournment, the court may proceed or dismiss the charge, and in some cases must issue a warrant.

The court must tell the accused the substance of the charge or complaint and ask for a plea. If the accused admits the charge, the admission is recorded and the court may convict and sentence, unless there is sufficient reason not to. If the accused does not admit the charge, the case proceeds to hearing. If the accused refuses to plead, a not guilty plea is entered for them.

If the accused does not admit the charge, the court must hear the complainant, witnesses, and other evidence. The accused or their advocate may question each prosecution witness.

If the evidence does not make out a case against the accused enough to require a defence, the court must dismiss the case and acquit the accused immediately.

If the accused must defend the charge, the court must explain the charge, tell the accused about the right to testify or make an unsworn statement, ask about defence witnesses, and hear the defence.

This section sets the order for the defence case: the accused may speak first if giving evidence or an unsworn statement, and the accused or advocate may then open the case and present the defence.

If the defence calls only the accused as a witness, or the accused makes an unsworn statement without calling witnesses, the accused must speak or give evidence immediately; then the prosecutor may sum up, and the court must call on the accused to address the court.

If the accused introduces new matter in defence that the prosecution could not reasonably have foreseen, the court may let the prosecution reply with evidence to contradict it.

If an accused person calls evidence through another witness, the prosecutor is entitled to reply.

If the accused says he will not give evidence or make an unsworn statement, and the court thinks there is evidence he committed the offence, the prosecution may sum up and the court must call on the accused or his advocate to address the court.

The court may amend or replace a defective charge during trial, must ask the accused to plead to any altered charge, and may have to adjourn if the accused was misled. The accused can demand that witnesses be recalled, and the prosecution may re-examine them.

After hearing the complainant, the accused person, their witnesses, and evidence, the court must decide the case by convicting and sentencing, making an order against the accused, or acquitting him.

If required, a conviction or order may later be written up, and it must be signed by the court, clerk, or other court officer.

A certified copy of an acquittal order can block a later information or complaint about the same matter against the same accused person, unless a competent court has set the acquittal aside.

A subordinate court may commit a convicted person aged at least 17 to the High Court for sentencing if the court thinks a higher punishment is needed or a mandatory minimum exceeds its own powers, and it must record written reasons.

When a subordinate court commits someone for sentence, it must send the case record to the High Court right away, and the person must be brought before the High Court at the first convenient opportunity.

Certain offences can only be tried by a subordinate court if the charge or complaint is laid within 12 months, unless a longer time is allowed by law.

If a subordinate court case should go to the High Court, the magistrate must stop the trial and hold a preliminary inquiry; the accused may ask to cross-examine a witness again.

This section lets an accused person in certain minor offences avoid appearing in court by admitting guilt and paying or securing the maximum fine, unless the court orders otherwise.

A magistrate who can hold a subordinate court of the first, second, or third class may commit a person for trial to the High Court.

A subordinate court must hold a preliminary inquiry in listed serious cases, and the prosecution must give advance materials before trial when a person is joined in an information.

In a subordinate court inquiry, the court must read the charge to the accused, record witness statements on oath, let the accused question prosecution witnesses, and have each deposition read over and signed.

At a preliminary inquiry, a signed report from a medical officer or Government analyst must be admitted in evidence unless the court doubts the signature’s genuineness.

An objection to a charge, summons, or warrant is not allowed for defects or variance with the prosecution evidence; if the variance misled the accused, the court may adjourn and permit witness recall and omitted questions.

The court may remand an accused person for a reasonable time, and may also order custody, bring-up, or bail during remand.

The magistrate must explain the charge to the accused, warn them about inducements or threats, and record and certify any statement or evidence given.

The court must ask the accused about calling defence witnesses, manage their evidence, and allow the prosecution to reply after the defence speaks.

If the evidence is not enough to put the accused on trial, the court must discharge the accused for that charge.

If evidence is sufficient, the court must commit the accused for trial to the High Court and, unless the accused is a corporation, keep them on bail or in prison for safe-keeping until trial.

A subordinate court may, in suitable cases and subject to Part VI, summarily hear and finally decide the matter, convict the accused person, or dismiss the charge. The accused is entitled to have prosecution witnesses recalled for cross-examination.

A subordinate court must bind the complainant and every witness to attend and give evidence if the accused is sent for trial in the High Court.

If a person refuses to enter into the required recognizance, the court may commit that person to prison or court custody until after trial unless the person enters into the recognizance in the meantime.

An accused person committed for trial before the High Court is entitled to a copy of the depositions before trial, usually on payment of a reasonable sum, and the court must tell the accused person about this when committing them for trial.

A subordinate court may conditionally bind over certain witnesses, notify the High Court, and keep trial exhibits with the depositions when attendance is unnecessary.

A magistrate may take a deposition from a dangerously ill or hurt person who can give material evidence, if normal deposition procedures are impracticable.

If a statement is about an offence under charge or committal for trial, reasonable notice must be given to the prosecutor and accused person. If the accused is in custody and asks, they may be brought to where the statement is taken under a magistrate’s written order.

If the statement relates to an offence for which a person is committed for trial, it must be sent to the Registrar and a copy must also be sent to the Director of Public Prosecutions.

A statement taken under this section may later be used as evidence at trial if the maker is dead or cannot be brought to court for sufficient cause, and the other side had reasonable notice and an opportunity to cross-examine.

If there is a committal for trial, the committing court must promptly send the listed records and items to the Registrar, and also send an authenticated copy of the depositions and the accused person’s statement to the Director of Public Prosecutions.

The Director of Public Prosecutions may direct that original depositions be sent back for further investigation before a High Court trial if he thinks more investigation is needed.

The Director of Public Prosecutions may ask the subordinate court to take depositions and secure attendance of a material or necessary witness for either side before trial.

The Director of Public Prosecutions may return depositions to the committing court so the case can be tried by a subordinate court, and may direct the charge to be tried if it is within that court’s competence.

If the Director of Public Prosecutions decides a case should go to the High Court on information, the information must be drawn up, signed, and filed; the prosecution must also supply trial materials to joined persons at least 21 clear days before trial.

The Director of Public Prosecutions may file an information within one month after receiving the authenticated depositions and documents, and must tell the High Court and the committed person the receipt date.

The Registrar or Clerk of Sessions must attach a notice of trial to every filed information and copy served for service, and the notice must state the particular High Court Sessions where the accused will be tried.

The Registrar and the serving officer must provide and serve copies of the information and notice of trial, and the officer must also explain them to the accused.

The officer who serves the information and trial notices must promptly make a return to the Registrar showing how service was carried out.

The High Court may postpone a trial, respite recognizances, and direct amendments or notices if there is sufficient cause and on application by the prosecutor or accused person.

Informations made under section 245 must be in the name of, and signed by, the Director of Public Prosecutions, subject to section 82.

An information must be dated on the day it is signed, and it may start in the form set out here with necessary changes for the case.

This section defines “summary procedure case” for this Part, unless the context requires otherwise.

The Director of Public Prosecutions may certify certain cases for High Court trial as a summary procedure case, and once the certificate is produced to a subordinate court, that court must follow Part VII and move the accused to the High Court without a preliminary inquiry.

When an accused person is committed for trial in a summary procedure case, the committing court must send the record of proceedings to the Registrar without delay, and also send an authenticated copy to the Director of Public Prosecutions.

The Director of Public Prosecutions may draw up and sign an information after receiving the authenticated record, and the information is to be filed in the High Court Registry.

In summary procedure cases under section 257, the prosecution must give the accused person or legal practitioner and the Registrar a witness list and each witness’s evidence at least 14 clear days before trial.

A medical witness’s affidavit, if attested before a magistrate, may be read as evidence even if the witness is not called. The Court may also choose to summon and examine the deponent.

The High Court’s criminal practice must be made as similar as circumstances allow to the criminal practice of specified English courts.

Trials before the High Court must be heard by a single judge, or by a judge with two or more assessors if the presiding judge decides.

Magistrates must prepare yearly district lists of suitable assessors by 1 March, following any rules the Chief Justice prescribes.

All male persons aged 21 to 60 must serve as assessors, unless an exemption in the next section applies.

Several listed groups are exempt from having to serve as assessors unless they consent.

Extracts naming people liable to serve as assessors must be posted for public inspection at the district Court House, and the notice must say objections will be heard by the district magistrate.

Magistrates must revise the assessor list, hear objections, remove unsuitable or exempt persons, and send a signed copy to the Registrar.

The Registrar must usually write to the district magistrate at least seven days before a High Court Sessions so the magistrate can summon assessors.

A summons to an assessor must be in writing and must state the time and place of attendance.

The High Court may excuse an assessor from attending a particular session for reasonable cause, and may also order that assessors who served at a trial not be summoned again for 12 months.

The Registrar must make and keep a list of assessors who attended each Sessions, and add margin references in the revised list.

A person summoned as an assessor who fails to attend, leaves without permission, or does not return after adjournment may be fined up to 50 kwacha, and later imprisoned if the fine is not paid.

At arraignment, the accused must be brought before the High Court, the information read and explained if needed, and the accused must plead immediately unless a valid objection to lack of service of a copy applies.

The court may amend a defective information, order separate trials or postponements, and make related orders; objections to formal defects must be raised immediately after the information is read to the accused.

An information must be quashed if it still does not state an offence of which the accused has had notice, and a written statement of the motion must be delivered to the court registrar and entered on the record.

This section controls how prior convictions are handled in court before sentencing on a later offence.

An accused person arraigned on an information must plead not guilty generally and is then treated as having entered trial.

An accused person may plead former conviction, former acquittal, or pardon; if the plea is disputed, the court must determine whether it is true, and if not, the accused must plead to the information.

If an accused person stands mute of malice when arraigned, the court may order a not-guilty plea to be entered for them.

If the accused pleads guilty, the plea must be recorded and conviction may follow.

If the accused pleads not guilty, the court must choose assessors and try the case; the same assessors may help in successive trials if the court thinks fit.

The court may postpone or adjourn a trial, remand the accused, bring the accused back before it during remand, and admit the accused to bail.

If a trial uses assessors, the court must select at least two assessors from the list of people summoned to serve as assessors at the Sessions.

If an assessor cannot attend during a trial, the trial may continue with the remaining assessor(s); if two or more assessors are absent, the proceedings are stayed and a new trial is held with fresh assessors.

If a trial is adjourned, the assessors must attend the adjourned sitting and any later sitting until the trial ends.

When assessors have been chosen in a trial before a Judge with assessors, the prosecution advocate must open the case, call witnesses, and present evidence supporting the charge.

The prosecution may not call a witness who did not give evidence at the preliminary inquiry unless the accused has received reasonable written notice.

Witnesses called for the prosecution can be cross-examined by the accused person or their advocate, and re-examined by the prosecution advocate.

A deposition may be read as evidence at trial in certain cases if the stated conditions are met.

A court may, if it thinks fit, summon and examine a medical deponent about the subject of the deposition.

Certified statements or evidence of the accused may be used in evidence without further proof, unless it is shown the magistrate did not actually certify them.

After the prosecution evidence closes, the court must either record a finding of no case or, if there is evidence against the accused, inform an unrepresented accused of defence rights and move the case into defence.

The accused person, or the accused’s advocate, may open the defence case and then present evidence and witnesses.

An accused person may examine an in-attendance witness not previously bound over to give evidence at trial, but has no automatic right to have other witnesses summoned.

If the accused introduces new matter in defence that the prosecution could not reasonably have foreseen, the court may let the prosecution reply with evidence.

If the accused gives evidence through another witness, the prosecutor is entitled to reply.

If the accused says they will not give evidence and the court thinks there is evidence of the offence, the prosecutor may sum up and the court must invite the accused to address the court.

When a case is closed, the judge may sum up the evidence. If assessors are used, the judge must ask each assessor for an oral opinion, record it, and then give judgment, but is not bound by the assessors’ views. If the accused is convicted, the judge must pass sentence according to law.

Before sentence, the accused person may move to arrest judgment if the information still fails to state an offence the court can try; the court may hear it immediately or adjourn it, and if the accused wins, the accused must be discharged from that information.

The court may sentence the accused person during the Sessions if no motion in arrest of judgment is made, or if the court decides against the accused person on that motion.

The court may reserve its final decision on questions raised during the trial.

A judgment cannot be stayed or reversed because of certain amendable objections or because witnesses were sworn informally.

The court may receive evidence before passing sentence.

A certificate signed by the Registrar or the clerk of the court stating that a death sentence has been passed and naming the condemned person is enough authority to detain that person.

This section requires court officials and the President to pass along records, notify appeal rights, and issue the final death sentence, commutation, or pardon decision documents.

If a woman convicted of a death-eligible offence says she is pregnant, the court must decide that question before sentencing.

A judge or magistrate who sentences someone to imprisonment must issue a warrant for the sentence to be carried out in a prison in Zambia, except for death sentences.

A warrant can be used to recover money ordered to be paid by distress and sale of property.

A person claiming an interest in attached property may object in writing before the sale proceeds reach court, and the court must stay execution and hear the claim.

The court may let a convicted person pay a fine later if it is satisfied the fine cannot be paid immediately.

If the officer cannot find enough property to satisfy a warrant of distress, the court may commit the person ordered to pay to prison for the time set in the warrant unless payment is made sooner.

The court may commit a person to prison instead of, or after, a warrant of distress if distress would be ruinous, there is no property to levy, or another sufficient reason exists.

A person committed for non-payment may pay the warrant sum and any authorised expenses to the person holding them, who must then discharge them if they are held for no other matter.

If a prisoner makes part payment, the prison term must be reduced in proportion to the payment. The prison officer must bring the prisoner before court on application, and the court must certify the reduction and make the needed order.

A warrant to execute a sentence may be issued by the judge or magistrate who passed the sentence, or by that person’s successor in office.

Commitment for non-payment must not exceed nine months, unless the written law for the conviction allows a longer period.

A court may order police supervision for a person who is convicted twice of offences punishable by three years’ imprisonment or more.

People under police supervision must be given an identity book after prison release, must report personally at the required times and places while in Zambia, and must notify their residential address changes as prescribed. The President may make rules by statutory instrument.

A person subject to police supervision in Zambia commits an offence if they refuse or fail to follow a requirement under section 318 or its rules, unless they satisfy the court that they tried their best to comply.

The court may fix defects in orders or warrants, and certain errors in time, place, or form do not make acts under them void or unlawful if the order or warrant is based on a valid conviction or judgment.

A person convicted by a subordinate court may appeal to the High Court on law, fact, mixed law and fact, or sentence, except where the sentence is fixed by law.

The Director of Public Prosecutions may appeal certain subordinate court judgments to the High Court within 14 days, and the High Court may reverse, affirm, amend, or substitute a conviction and sentence.

Appeals must be entered within 14 days in specified cases, and the appellate court may hear an appeal at its discretion if an application has been made under section 324.

This section sets out how an appeal must be started and how prison and court officials must pass on the notice of appeal.

If the appeal time has expired, an appellant may apply for the appeal to be heard out of time and must support that application by entering an appeal and attaching the application form to the notice of appeal.

An appellant may be present at the appeal hearing and be heard, personally or through an advocate, if the appellant wants to.

If the appellate court does not decide an appeal summarily, it must notify the appellant or their advocate, and the prosecutor, of the hearing time and place.

The appellate court may dismiss an appeal or make several kinds of orders, including reversing a conviction, changing a sentence, altering another order, or making consequential or incidental orders.

The High Court sitting as an appellate court may decide an appeal and give reasons when it finishes hearing it.

The appellate court must certify its judgment or order to the lower court, which must then make orders matching that judgment or order; records may also be amended if needed.

Corporal punishment sentences must wait until the appeal period ends, and if an appeal is filed they must wait until the appeal is decided. For caning orders involving a person who appears to be under 19, the court must record that fact, and the caning can happen before the appeal period ends unless notice of appeal was already given; it must be carried out in the presence of a parent or guardian if available and nearby.

Orders for restitution, revesting of stolen goods, and compensation are suspended after conviction.

A court may release an appellant on bail, or suspend the sentence pending appeal if the appellant asks for it and is not released on bail.

On an appeal, the appellate court may take additional evidence itself or order the lower court to take it, and must record reasons if it considers extra evidence necessary.