Zambia Act or statute

Zambia legislation

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 pers…

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Jurisdiction: Zambia
Structure: 466 provisions
Citation: Act 23 of 1933
Dates: Source version 31 Dec 1996

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Dates: Source version 31 Dec 1996

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Purpose and legislative effect

“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 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.

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Trial of offences under Penal Code .......................................................................................................................................................... 2

This section states a manslaughter charge, described as unlawfully killing J.S. contrary to section 199 of the Penal Code.

Section 3

Search of place entered by person sought to be arrested .............................................................................................. 6

This provision is a charge example for uttering counterfeit coin.

Section 19

Power of High Court to order preliminary inquiry .................................................................................................................... 4

The court may issue a warrant directing police officers to apprehend and bring a witness before the court when the witness is likely to give material evidence and probably will not attend unless compelled.

Section 10

Arrest by police ofﬁcer without warrant ................................................................................................................................ 7

A witness previously bound by recognizance is directed to attend the next Sessions of the High Court and give evidence.

Section 26

Recapture of person escaping ................................................................................................................................................. 10

An authorised officer must certify fingerprint identity and prior convictions on the form, and courts may not suspend sentence for the listed serious offences.

Section 37

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Source record from zambialii.org · Source version 31 Dec 1996

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Provisions 401–466

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Showing 66 of 466 provisions

Offence 37Amendment 16Provision 8Short title 2

Part

Chapter XLIV-Accessories after the fact

§ 3Trial of offences under Penal Code .......................................................................................................................................................... 2Offence

This section states a manslaughter charge, described as unlawfully killing J.S. contrary to section 199 of the Penal Code.

3. Manslaughter Manslaughter, contrary to section 199 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the __________ District of the __________ Province of Zambia, unlawfully killed J.S.

Section 3Verify source

§ 4Offences under Penal Code .................................................................................................................................................................. 2Offence

This section states that rape is an offence contrary to section 132 of the Penal Code.

4. Rape Rape, contrary to section 132 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the __________ District of the Province of Zambia, had carnal knowledge of E.F., without her consent.

Section 4Verify source

§ 5Offences under other written laws ................................................................................................................................................... 2Offence

This section gives sample charge wording for wounding offences under the Penal Code.

5. Wounding Wounding with intent, contrary to section 224 of the Penal Code. First count Particulars of offence A.B., on the ____ day of _________, in the __________ District of the ____ Province of Zambia, wounded C.D., with intent to maim, disﬁgure or disable, or to do some grievous harm, or to resist the lawful arrest of him the said A.B. (as the case may be). Wounding, contrary to section 232 of the Penal Code. Second count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, unlawfully wounded C.D. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 130 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 5Verify source

§ 6Sentences which High Court may pass ........................................................................................................................................... 2Offence

This section lists two charge examples: theft and receiving stolen goods.

6. Theft Theft, contrary to section 272 of the Penal Code. First count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the ____ Province of Zambia, stole a bag, the property of C.D. Receiving stolen goods, contrary to section 318 of the Penal Code. Second count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, did receive a bag, the property of C.D., knowing the same to have been stolen.

Section 6Verify source

§ 7Powers of subordinate courts .............................................................................................................................................................. 2Offence

This section describes theft by a clerk or servant from an employer.

7. Theft by clerk Theft by clerk or servant, contrary to section 272 and section 278 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, being clerk or servant to M.N., stole from the said M.N. ten yards of cloth.

Section 7Verify source

§ 8Reconciliation ............................................................................................................................................................................................ 3Offence

This provision records a robbery with violence offence allegation: A.B. is said to have robbed C.D. of a watch and used personal violence.

8. Robbery Robbery with violence, contrary to section 292 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, robbed C.D. of a watch, and at or immediately before or immediately after the time of such robbery did use personal violence to the said C.D.

Section 8Verify source

§ 9Sentences requiring conﬁrmation ...................................................................................................................................................... 3Offence

This section sets out a burglary allegation: breaking and entering a dwelling-house at night with intent to commit a felony.

9. Burglary Burglary, contrary to section 301 of the Penal Code. Particulars of offence A.B., in the night of the _________ day of _________, in the _________ District of the _________ Province of Zambia, did break and enter the dwelling-house of C.D., with intent to commit a felony therein.

Section 9Verify source

§ 10Power of High Court to order preliminary inquiry .................................................................................................................... 4Offence

A charge template for burglary and theft: it alleges breaking and entering a dwelling-house at night with intent to steal, and stealing a watch worth twenty kwacha.

10. Burglary and theft Burglary and theft, contrary to section 301 and section 272 of the Penal Code. Particulars of offence A.B., in the night of the _________ day of _________, in the _________ District of the _________ Province of Zambia, did break and enter the dwelling-house of C.D. with intent to steal therein, and did steal therein one watch, the property of S.T., the said watch being of the value of twenty kwacha. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 131 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 10Verify source

§ 11Cases to be tried only by High Court ............................................................................................................................................ 4Offence

This provision describes an offence involving demanding property by written threats, with intent to extort money.

11. Threats Demanding property by written threats, contrary to section 296 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, with intent to extort money from C.D., caused the said C.D. to receive a letter containing threats of injury or detriment to be caused to E.F.

Section 11Verify source

§ 12Combination of sentences or orders .............................................................................................................................................. 4Offence

This section describes an offence involving attempting to extort money by threats.

12. Attempts to extort Attempt to extort by threats, contrary to section 297 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, with intent to extort money from C.D., accused or threatened to accuse the said C.D. of an unnatural offence.

Section 12Verify source

§ 13Release on bail pending conﬁrmation or other order ............................................................................................................. 4Offence

This provision describes a false pretences offence involving obtaining goods by deception.

13. False pretences Obtaining goods by false pretences, contrary to section 309 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, with intent to defraud, obtained from S.P. ﬁve yards of cloth by falsely pretending that the said A.B. was a servant to J.S., and that he, the said A.B., had then been sent by the said J.S. to S.P., for the said cloth, and that he, the said A.B., was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S.

Section 13Verify source

§ 14Corporal punishment-detention pending punishment ............................................................................................................. 5Offence

This provision states an offence allegation of conspiracy to defraud.

14. Conspiracy to defraud Conspiracy to defraud, contrary to section 313 of the Penal Code. Particulars of offence A.B., and C.D., on the _________ day of _________, and on divers days between that day and the day of _________, in the District of the Province of Zambia, conspired together with intent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D. were then carrying on a genuine business as jewellers at _________, in the Province of _________, and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum of four kwacha.

Section 14Verify source

§ 15Sentences in case of conviction for several offences at one trial ....................................................................................... 5Offence

This provision lists arson as an offence and gives a form of particulars: a person wilfully and unlawfully sets fire to a house.

15. Arson Arson, contrary to section 328 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, wilfully and unlawfully set ﬁre to a house. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 132 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 15Verify source

§ 16Power of courts to suspend sentence ............................................................................................................................................ 5Offence

This section gives example particulars for an arson charge and an accessory-before-the-fact charge.

16. Arson and accessory before the fact A.B., arson, contrary to section 328 of the Penal Code. C.D., accessory before the fact to same offence. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, wilfully and unlawfully set ﬁre to a house. C.D., on the same day, in the _________ District of the _________ Province of Zambia, did counsel or procure the said A.B. to commit the said offence.

Section 16Verify source

§ 17Medical examination of accused persons ..................................................................................................................................... 5Offence

This provision sets out an offence allegation that A.B. wilfully and unlawfully damaged a cocoa tree.

17. Damage Damaging trees, contrary to section 335 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, wilfully and unlawfully damaged a cocoa tree there growing.

Section 17Verify source

§ 18Arrest, how made ........................................................................................................................................................................... 6Offence

This section records two offence counts: forgery of a will and knowingly and fraudulently uttering a forged will.

18. Forgery Forgery, contrary to section 348 of the Penal Code. First count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, forged a certain will purporting to be the will of C.D. Uttering a false document, contrary to section 352 of the Penal Code. Second count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, knowingly and fraudulently uttered a certain forged will purporting to be the will of C.D.

Section 18Verify source

§ 19Search of place entered by person sought to be arrested .............................................................................................. 6Offence

This provision is a charge example for uttering counterfeit coin.

19. Counterfeit coin Uttering counterfeit coin, contrary to section 369 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, at _________ market in the _________ District of the Province of Zambia, uttered a counterfeit ngwee, knowing the same to be counterfeit. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 133 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 19Verify source

§ 20Power to break out of any house for purposes of liberation ......................................................................................... 6Offence

This provision is a perjury charge example: a witness knowingly gave false testimony in a trial.

20. Perjury Perjury, contrary to section 104 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, being a witness upon the trial of an action in the High Court for Zambia at Lusaka, in which one was plaintiff, and one _________ was defendant, knowingly gave false testimony that he saw one M.W. in the street called _________ on the day of _________

Section 20Verify source

§ 21No unnecessary restraint ............................................................................................................................................................. 6Offence

This provision concerns defamatory libel: publishing defamatory matter contrary to section 191 of the Penal Code.

21. Defamatory libel Publishing defamatory matter, contrary to section 191 of the Penal Code. Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, published defamatory matter affecting E.F., in the form of a letter (book, pamphlet, picture, or as the case may be). (Innuendo should be stated where necessary.)

Section 21Verify source

§ 22Search of arrested persons ......................................................................................................................................................... 6Offence

This provision sets out examples of fraudulent false accounting by a clerk or servant who, with intent to defraud, makes a false entry in a employer’s cash book or omits a material particular from it.

22. False accounting Fraudulent false accounting, contrary to section 326 of the Penal Code. First count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, being clerk or servant to C.D., with intent to defraud, made or was privy to making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day two hundred kwacha had been paid to L.M. Same as ﬁrst count. Second count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, being clerk or servant to C.D., with intent to defraud, omitted or was privy to omitting from a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt of the said day of one hundred kwacha from H.S.

Section 22Verify source

§ 23Power of police ofﬁcer to detain and search vehicles and persons in certain circumstances ............................. 7Offence

This section gives sample particulars for a theft-by-agent charge and refers to Penal Code sections 272 and 280.

23. Theft by agent Theft by agent, contrary to section 272 and section 280 of the Penal Code. First count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, stole two hundred kwacha which had been entrusted to him by H.S., for him, the said A.B., to retain in safe custody. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 134 Criminal Procedure Code, 1933 (Chapter 88) Zambia Theft by agent, contrary to section 272 and section 280 of the Penal Code. Second count Particulars of offence A.B., on the _________ day of _________, in the _________ District of the _________ Province of Zambia, stole two hundred kwacha which had been received by him, for an on account of L.M.

Section 23Verify source

§ 24Mode of searching women ......................................................................................................................................................... 7Amendment

This text shows a previous-conviction form entry and headings for prescribed fees and prescribed forms.

24. Previous conviction Prior to the commission of the said offence, the said A.B. had been previously convicted of _________ on the _________ day of _________ at the _________ held at _________ Third Schedule (Sections 342, 343 and 357) Prescribed fees A – Fees generally On every summons or warrant On certifying a copy of a document as an ofﬁce copy On copies of proceedings, for every 100 words or part of 100 words B – Fees to be taken by magistrate under section 342 On drawing case and copy— when the case does not excedd 5 folios of 100 words each when the case exceeds 5 folios, then for every additional folio On recognizance On every enlargement or renewal thereof Units 4 8 2 Units 15 2 8 4 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 135 Criminal Procedure Code, 1933 (Chapter 88) Zambia On certiﬁcate of refusal of case 3 [As amended by Act No. 13 of 1994] Fourth Schedule (Section 358) Prescribed forms

Section 24Verify source

§ 1Short title ........................................................................................................................................................................................................... 1Short title

This is a form for filing a charge in the Subordinate Court.

1. Charge In the Subordinate Court of _________ A.B., of_________, being ﬁrst duly sworn, charges that (state the offence with time and place where committed). _________ (Complainant) Taken and sworn at _________ this _________ day of _________, 19______, before me: _________ (Magistrate)

Section 1Verify source

§ 2Interpretation .................................................................................................................................................................................................... 1Amendment

This is a summons telling the accused to appear before the Subordinate Court on the stated date and to return on each adjournment until the case is finished.

2. Summons to accused In the Subordinate Court of _________. To A.B., of _________ Whereas your attendance is necessary to answer to a complaint of (state shortly the offence complained of with time and place). You are hereby commanded in the name of the President to appear (in person), before this Court at _________ on the _________ day of _________, 19 _____, and on every adjournment of the Court until the case be disposed of. Issued at _________ the _________ day of _________, 19 _____. (Magistrate) [As amended by S.I. No. 152 of 1965]

Section 2Verify source

This notice says prior convictions may be brought to the court’s attention if the person is convicted of the relevant offence(s), and it preserves the person’s right to appear and dispute any alleged conviction.

3. Proof of previous convictions Part I - Notice of intention to cite previous convictions (Section 142(3)) In the Subordinate Court (Class _________) of the _________ holden at _________ The people v. _________ You _________ are hereby given notice that if, but only if, you are convicted of (any of) the offence(s) of ________________________ in respect of which you are required to appear, or are entitled, having signed an Admission of Guilt, under the provisions of section 221 of the Criminal Procedure Code, to appear before the above-mentioned Subordinate Court on the _____ 19 _____ the undermentioned convictions which are recorded against you will be brought to the notice of the Court; and if you are not present in person before the Court, the Court may take account of any such previous conviction as if you had appeared and admitted it. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 136 Criminal Procedure Code, 1933 (Chapter 88) Zambia Item No. Date of conviction Court Offence Sentence (Signed) ____________________ for Ofﬁcer in Charge If you do not intend to appear in person at the hearing and you dispute any of the above convictions, or any of the details in connection with them, you should immediately notify the ofﬁcer in charge of the Police* _________ at _________ so that further inquiries can be made. Nothing in this notice limits in any way your right to appear in person on the date ﬁxed for the hearing and to dispute any conviction alleged against you. NOTE.-This form and the provisions of sections 142 (3) and 221, Criminal Procedure Code, have no application to charges against juveniles. *Insert "Station or "Tra Section otherw as approp [Please note: incomplete footnote as in original.] Part II - Notice that record of previous convictions is disputed (To be completed by the person served with the notice in Part I above, then detached and handed to the police ofﬁcer who served Part I or to the addressee.) To Ofﬁcer in Charge, _________ (Insert designation of police formation.)

Section 3Verify source

Part

Part II - Notice that record of previous convictions is disputed

This form is used to acknowledge receipt of a notice about prior convictions and to dispute the accuracy of the listed convictions.

2. I, _________, acknowledge receipt of a notice of intention to cite previous convictions in the event of my being convicted of the charge(s) to be made against me in the Subordinate Court (Class _________) at _________ on the _________ day of _________ 19 ______ I dispute the accuracy of the statement of previous convictions contained in the said notice in respect of the following particulars: (i) I deny the following convictions: Item No. Date of Court Offence Sentence conviction (Here insert particulars of convictions recorded in the notice in Part I which are not admitted.) (ii) I say that the particulars of the conviction shown in item(s) No(s) _________ are incorrect and should be as stated below: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 137 Criminal Procedure Code, 1933 (Chapter 88) Zambia Item No. Date of Court Offence Sentence conviction (Here insert against the appropriate date the particulars of the court, offence and sentence which are admitted.) __________________________________ Witness __________________________ __________________________ (Signature or thumbprint) [G.N. No. 1 of 1961]

Section 2Verify source

A magistrate may issue a warrant ordering police officers to arrest an accused person and bring them to court.

4. Warrant to arrest accused In the Subordinate Court of _________. To X.Y., Police Ofﬁcer, and other Ofﬁcers. Whereas _________ of ________ is accused of the offence of (state the offence with time and place.). You are hereby commanded in the name of the President forthwith to apprehend the said and produce him before the Court at _________. Issued at _________ the _________ day of _________, 19 _____. ____________ (Magistrate) If the said _________ shall give bail himself in the sum of _________ with one surety in the sum of _________ (or two sureties each in the sum of _________ to attend before the Court at on the _________ day of _________ and _________ to continue so to attend until otherwise directed by the Court, he shall be released. Issued at _________ the _________ day of _________, 19 ____. (Magistrate) [As amended by S.I. No. 152 of 1965 and S.I. No. 177 of 1968]

Section 4Verify source

§ 5Offences under other written laws ................................................................................................................................................... 2Offence

This form commands the officer in charge of a prison to bring a named prisoner before the court on the specified date.

5. Warrant to bring a prisoner before the court In the Subordinate Court of _________. To the Ofﬁcer in charge of the Prison at _________ Whereas A.B., a prisoner under your custody, is accused of the offence of (state offence). You are hereby commanded to produce the said A.B. before the Court at _________ on _________ the _________ day of _________, 19 _____. Issued at _________ the _________ day of _________, 19 _____. ___________ (Magistrate) By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 138 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 5Verify source

§ 6Sentences which High Court may pass ........................................................................................................................................... 2Provision

This section gives a form for a sworn complaint to apply for a search warrant for goods suspected to be concealed in a specified dwelling-house or premises.

6. Information to ground search warrant In the Subordinate Court of _________. A.B., of _________, being ﬁrst duly sworn, complains that on the _________ day of _________ the following goods (here describe the goods) were stolen and unlawfully carried away from and out of _________ at _________ and that he has reasonable cause to suspect, and does suspect that these goods, or some of them, are concealed in the dwelling-house or premises (or as the case may be) of C.D., situate at _________, for he, the said A.B., deposes and says that (state shortly the grounds on which the warrant is applied for). ________________________________________ (Signature of the person applying for warrant) Taken and sworn at this _________ day of _________, 19 _____, before me: ____________ (Magistrate)

Section 6Verify source

This form authorises police officers to enter specified premises in the daytime with assistance, search for stolen goods, and bring any found goods and the person named before the court.

7. Search warrant for stolen goods In the Subordinate Court of _________. To X.Y., Police Ofﬁcer, and other Ofﬁcers. A.B., _________ of has this day made information on oath that (copy No. 6 from "the following" down to "for he"). You are hereby authorised and commanded in the name of the President with proper assistance, to enter the _________ of C.D. aforesaid (in the daytime), and there diligently search for the said goods, and if the same or any thereof are found on search, to bring the goods so found, and also the said C.D., before this Court to be dealt with according to law. Issued at _________ the _________ day _________ of _________, 19 _____. ___________ (Magistrate) [As amended by S.I. No. 152 of 1965]

Section 7Verify source

A summoned witness must attend the Subordinate Court in person and testify what they know in the case.

8. Summons to a witness In the Subordinate Court of _________. A.B. v. C.D. To _________ You are hereby commanded in the name of the President to attend in person before this Court at _________ on the _________ day of _________ and so from day to day till the above cause be tried, to testify all that you know in the said cause. You are summoned at the instance of _________ Issued at the _________ day of _________ 19 _____. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 139 Criminal Procedure Code, 1933 (Chapter 88) Zambia (Clerk of the Court) [G.N. No. 470 of 1964 as amended by S.I. No. 152 of 1965] Appendix – (Paragraph 2 (b))

Section 8Verify source

§ 8ASummons to a witnessAmendment

A witness is ordered to appear before the High Court and testify what they know in the case.

8A. Summons to a witness In the High Court for Zambia _________ holden at _________ THE PEOPLE versus To _________ of _________ You are hereby commanded in the name of the President to attend in person before this Court at _________ on the _________ day of _________ 19 _____ and so from day to day till the above cause be tried, to testify all that you know in the said cause. You are summoned at the instance of the STATE. Issued at _________ the _________ day of _________, 19 _____. (Clerk of Sessions) [As Amended by S.I. No. 224 of 1979]

Section 8AVerify source

§ 9Sentences requiring conﬁrmation ...................................................................................................................................................... 3Amendment

This is a warrant directing police officers to arrest a witness who failed to obey a summons and bring the witness before the court on the stated day.

9. Warrant where witness has not obeyed summons In the Subordinate Court of _________ A.B. v. C.D. To X.Y., Police Ofﬁcer, and other Ofﬁcers. E.F. was commanded to appear before this Court at _____ on the day of _____, 19 _____, and subsequent days, to testify what he knew in the above cause; but he has not appeared according to the said summons and has not excused his failure. Therefore you are hereby commanded in the name of the President to apprehend and to bring and have the said E.F. before this Court at on the _____ day of _____, 19 _____. Issued _________ at _________ the _________ day of _________, 19 _____. (Magistrate) [As amended by S.I. No. 152 of 1965]

Section 9Verify source

§ 10Power of High Court to order preliminary inquiry .................................................................................................................... 4Amendment

10. Warrant for witness in ﬁrst instance In the Subordinate Court of _________. A.B. v. C.D. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 140 Criminal Procedure Code, 1933 (Chapter 88) Zambia To X.Y., Police Ofﬁcer, and other Ofﬁcers. It appears to the Court that E.F. is likely to give material evidence concerning the above cause, and will not probably attend unless compelled to do so. Therefore you are hereby commanded in the name of the President to apprehend and to bring and have the said E.F. before this Court at on the _____ day of _____, 19 ____. Issued at _________ the _________ day of _________, 19 _____. (Magistrate) [As Amended by S.I. No. 152 of 1965]

Section 10Verify source

§ 11Cases to be tried only by High Court ............................................................................................................................................ 4Provision

The officer in charge of the prison must bring the named prisoner to court to give evidence and then return him immediately afterward.

11. Warrant for prisoner to give evidence In the Subordinate Court of _________. A.B. v. C.D. To the Ofﬁcer in charge of the Prison at _________ You are hereby commanded to have E.F., a prisoner under your custody, before the Court at _________ on the day of _________ next, to give evidence in the above-named cause, and immediately after he has there and then given his evidence to return. Issued at_________ the _________ day of _________, 19 _____. (Magistrate)

Section 11Verify source

§ 12Combination of sentences or orders .............................................................................................................................................. 4Offence

Witness depositions in this procedure must be read back and signed by the witness, and the magistrate must also sign them; if an interpreter is used, the interpreter’s name and description must be stated and the interpreter must sign.

12. Deposition of witnesses on investigation before commitment In the Subordinate Court of _________. A.B., of _________, stands charged before the Court for that he (state offence as in summons or warrant) and (in the presence and hearing of the said A.B.) C.D., E.F., etc., depose on oath as follows: First. The said C.D., being sworn, says as follows: (state the deposition of the witness in the precise words he uses, or as nearly as possible. when his deposition is complete it shall be read to the witness and he shall sign it. The Magistrate shall also sign it). Secondly. The said E.F., being sworn, etc. (record successively, in like manner as the ﬁrst, the deposition of all the witnesses for the prosecution and for the defence, distinguishing the latter by placing the words " called for defendant", or to the like effect, after their names. Where the witness deposes in any language but English, the language shall be stated, with the name and description of the interpreter, who also shall sign the deposition). The above depositions of C.D., E.F., etc., were taken before me at the ___________ day of _____________, 19 _____.(a) (Magistrate) (Interpreter) (a) If the depositions have been taken on more days than one, the date of each is to be stated. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 141 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 12Verify source

§ 13Release on bail pending conﬁrmation or other order ............................................................................................................. 4Offence

The court questions the accused after prosecution witnesses are examined, records the answers, and must note interpreter details if one is used.

13. Statement of accused on investigation before commitment In the Subordinate Court of _________. A.B., of _________, stands accused before the Court for that he (state offence as in the summons or warrant), and C.D., E.F., etc., the witnesses for the prosecution, having been severally examined in his presence and hearing, these questions are now put to the said A.B. by the Court, and the answer noted after each question are returned thereto by the said A.B., namely: (a) Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. (b) Do you wish to call any witnesses before this Court? (c) Do you wish to call any witnesses at your trial? If so, do you wish to give their names, so that they may be summoned? (Each question, with its answer, is to be noted before putting the subsequent question. Where the statement of the accused is made through an interpreter, it is to be so stated, with the name and description of the interpreter, who shall also sign.) And I certify that the foregoing was taken at on the _________ day of _________, 19 ____, in my presence and hearing, and contains accurately the whole of the statement of the said A.B. Taken at _________ the _________ day of _________, 19 _____. ____________________ (Accused) ____________________ (Magistrate) (Interpreter) ____________________

Section 13Verify source

§ 14Corporal punishment-detention pending punishment ............................................................................................................. 5Offence

This form directs police to take the accused to prison, the prison officer to receive and hold the accused, and then bring the accused back to court unless bail or other orders intervene.

14. Warrant of commitment on remand (Sections 202 and 227) In the Subordinate Court (Class _________) of the _________ holden at _________ Case No. _________ /19 _____. To each and all Police Ofﬁcers of Zambia and to the Superintendent/Ofﬁcer in Charge of the Government Prison at _________ WHEREAS _________(hereinafter called the accused) appeared this day before this Court charged with* _________ AND the hearing being adjourned, and the accused remanded in custody: YOU, the said Police Ofﬁcers, are hereby commanded to convey the accused to the said prison and there deliver the accused to the Superintendent/Ofﬁcer in Charge thereof, together with this warrant; and you, the Superintendent/Ofﬁcer in Charge of the said prison to receive him/her into your custody and, unless he/she shall have been bailed in the meantime, to keep him/her until the _________ day of _________ 19 _____, †and on that day to convey him/her at the hour of _________ o'clock in the _________ noon before this Court By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 142 Criminal Procedure Code, 1933 (Chapter 88) Zambia to be further dealt with according to law, unless you, the said Superintendent/Ofﬁcer in Charge, shall be otherwise ordered in the meantime. Dated at the _________ day of _________, 19 _____. (Magistrate) *State the offence. †No adjournment shall be for more than ﬁfteen clear days. NOTE.-For endorsement for bail, see back. Endorsement (To be completed only where bail is allowed) The Court hereby certiﬁes that the accused may be bailed by recognizance, himself/herself in the sum of _________, with _________ surety/ies in the sum of _________ (each), to appear before this Court on the _________ day of _________, 19 _____, at the hour of _________ o'clock in the _________ noon (and at every time and place to which during the course of the proceedings against the accused the hearing may be from time to time adjourned), and that the accused has (not) entered into his/her recognizance. [G.N. No. 366 of 1962]

Section 14Verify source

§ 15Sentences in case of conviction for several offences at one trial ....................................................................................... 5Offence

This warrant orders police officers to take the accused to prison and hand over the warrant, and orders the prison officer to keep the accused in custody until lawful delivery.

15. Warrant of commitment in custody for trial (Section 231) In the Subordinate Court (Class _________) of the _________ holden at _________ Case No. _________ /19 ______. To each and all Police Ofﬁcers of Zambia and to the Superintendent/Ofﬁcer in Charge of the Government Prison at and to any Prison Ofﬁcer into whose hands this warrant shall come. WHEREAS _________ (hereinafter called the accused) appeared this day before this Court charged with* _________ AND WHEREAS the said Court, after due inquiry, committed the accused for trial at the next sessions of the High Court for the _________ Province and remanded him in custody, NOW THEREFORE YOU, the said Police Ofﬁcers, are hereby commanded to convey the accused to the said prison and there deliver the accused to the Superintendent/Ofﬁcer in Charge thereof, together with this warrant; and you the Superintendent/Ofﬁcer in Charge of the said prison are hereby commanded to receive the accused into your custody and to keep the accused until delivered in due course of law. Dated at _________ the _________ day of _________ 19 _____. Magistrate) [G.N. No. 366 of 1962] *State the offence.

Section 15Verify source

§ 16Power of courts to suspend sentence ............................................................................................................................................ 5Offence

If a witness refuses to enter a recognizance to give evidence, police officers are commanded to lodge the witness in prison until after the trial unless the witness agrees to the recognizance.

16. Commitment of witness for refusing to enter into recognizance In the Subordinate Court of _________. To X.Y., Police Ofﬁcer, and other Ofﬁcers. A.B., of _________, has been charged before this Court with the offence of (state the offence). And E.F., of ________, having been now examined before this Court concerning the said charge, and being required, refuses to enter into a recognizance to give evidence concerning the said charge. Therefore you are hereby commanded in the name of the President to lodge the said E.F. in the prison at ________, there to be imprisoned by the ofﬁcer in charge of the said prison until after the trial of the said By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 143 Criminal Procedure Code, 1933 (Chapter 88) Zambia A.B. for the said offence, unless the said E.F. in the meantime consents to enter into such recognizance as aforesaid. Dated _________ at _________ the _________ day of _________, 19 _____. (Magistrate)

Section 16Verify source

§ 17Medical examination of accused persons ..................................................................................................................................... 5Amendment

The principal party must attend court as required, surrender, plead, take trial, and not leave the court without leave; if he fails, he and the sureties forfeit stated sums in kwacha.

17. Recognizance to surrender for trial (Section 231) In the Subordinate Court of ________. Whereas (state cause of complaint with time and place). The undersigned principal party to this recognizance hereby binds himself to perform the following obligation: To attend the Sessions at _________ on the _________ day of _________, 19 _____, and there to surrender himself, and plead to any information ﬁled against him for the said offence, and so from day to day, and take his trial for the same and not depart the Court without leave, and also to attend at any investigation or proceeding concerning the said charge, before the trial, when and where he may be required. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha, and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at the _________ day of _________, 19_____. (Magistrate) [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 17Verify source

A principal party in recognizance must appear before the court on the stated day and whenever required, or the promised sums may be forfeited.

18. Recognizance to surrender after remand or adjournment (Section 123 or 227) In the Subordinate Court of ________. Whereas _________ (hereinafter called "the principal party") stands charged with _________ (state cause of complaint with time and place) contra section _________ of _________. The undersigned principal party to this recognizance hereby binds himself to perform the following obligations: To appear before the Court at _________. on _________ and on any other prior or subsequent day when required by the Court to answer the said charge and to be dealth with according to law. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 144 Criminal Procedure Code, 1933 (Chapter 88) Zambia (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at _________ the _________ day of _________, 19 _____. (Magistrate) [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 18Verify source

§ 19Search of place entered by person sought to be arrested .............................................................................................. 6Amendment

A principal party under this recognizance must attend court and give evidence when required; if they fail, the stated sum is forfeited, and the sureties also forfeit their sums.

19. Recognizance of witness under arrest, to give evidence (Section 146) In the Subordinate Court of ________. Whereas _________ stands charged before this Court for that he _________ (state cause of complaint with time and place). The undersigned principal party to this recognizance hereby binds himself to perform the following obligation: To attend the Court at _________ on the _________ day of _________, 19 _____, and on any other prior or subsequent day when required by the Court, and there to give evidence touching and concerning the said charge. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each. in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at _________ the _________ day of _________, 19 _____. (Magistrate) [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 19Verify source

§ 20Power to break out of any house for purposes of liberation ......................................................................................... 6Amendment

This recognizance form requires the principal party to attend the High Court and later proceedings, give evidence, and it provides for forfeiture of a stated sum if the obligation is not met.

20. Recognizance of witness to give evidence (Section 233) (This form is to be used where the next Sessions of the High Court for the Province or District in which the subordinate court is situate are due to be held more than fourteen days from the date of the committal.) In the Subordinate Court of _________. Whereas _________ stands charged before this Court for that he (state cause of complaint with time and place). The undersigned principal party to this recognizance hereby binds himself to perform the following obligation (see note below): By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 145 Criminal Procedure Code, 1933 (Chapter 88) Zambia To attend the Sessions of the High Court to be held at _________ on the _________ day of _________, 19 _____, or such other Sessions of which the principal party may be notiﬁed in writing, and there to give evidence touching and concerning the said charge, and also to attend and give evidence at any further examination, investigation or proceeding concerning the said charge, before the trial, when and where he may be required by notice in writing. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at _________ the _________ day of _________, 19 ____. (Magistrate) NOTE.-In the case of a conditional recognizance made under section 236, Criminal Procedure Code here insert:"conditionally upon receipt of a notice in that behalf". [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 20Verify source

§ 21No unnecessary restraint ............................................................................................................................................................. 6Amendment

A principal party to a recognizance must attend the High Court sessions and give evidence, and sureties may be required to forfeit stated sums if that obligation is not met.

21. Recognizance of witness to give evidence (Section 233) (This form is to be used where the next Sessions of the High Court for the Province or District in which the subordinate court is situate are due to be held within fourteen days or less from the date of committal.) In the Subordinate Court of ________. Whereas _________ stands charged before this Court for that he _________ (state cause of complaint with time and place). The undersigned principal party to this recognizance hereby binds himself to perform the following obligation (see note below): To attend the Sessions of the High Court of which the principal party shall be notiﬁed in writing, and there to give evidence touching and concerning the said charge, and also to attend and give evidence at any further examination, investigation or proceeding concerning the said charge, before the trial, when and where he may be required by notice in writing. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) Principal Party. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 146 Criminal Procedure Code, 1933 (Chapter 88) Zambia (Signed) } Sureties. Taken before me at _________ the _________ day of _________, 19 ____. (Magistrate) NOTE.-In the case of a conditional recognizance made under section 236, Criminal Procedure Code, here insert: "conditionally upon receipt of a notice in that behalf". [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 21Verify source

§ 22Search of arrested persons ......................................................................................................................................................... 6Amendment

A principal party in a Subordinate Court recognizance must keep the peace or behave well toward everyone in Zambia, especially the named person, for the stated period.

22. Recognizance to keep the peace or be of good behaviour (Section 51), Criminal Procedure Code, or section 31, Penal Code) In the Subordinate Court of _________. Whereas _________ (state cause of complaint with time and place). The undersigned principal party to this recognizance hereby binds himself to perform the following obligation: To keep the peace (or be of good behaviour) towards all persons within Zambia, and particularly towards _________ of _________ for the space of months. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at _________ the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961 as amended by S.I. No. 152 of 1965]

Section 22Verify source

§ 23Power of police ofﬁcer to detain and search vehicles and persons in certain circumstances ............................. 7Substitution

The principal party must appear before the court within 10 days after being notified of the High Court’s decision, and the principal party and sureties risk forfeiting stated sums if that obligation is not performed.

23. Recognizance of person sentenced, pending conﬁrmation of sentence (Section 13 (1)) In the Subordinate Court of ________. Whereas the undersigned principal party was convicted by this Court on the _________ day of _________, 19 ____, for the offence of (state offence with particulars of law contravened and date and place of offence) and was sentenced or ordered to (state sentence or order). And whereas the said sentence requires to be conﬁrmed by the High Court. The principal party to this recognizance hereby binds himself to perform the following obligation: Unless the said sentence or or order shall not be conﬁrmed and no other sentence ororder substituted by the High Court, to appear before this Court at within ten days after the principal party shall be notiﬁed of the decision of the High Court with regard to the said conviction or order. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 147 Criminal Procedure Code, 1933 (Chapter 88) Zambia And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at _________ the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961 as amended by G.N. No. 493 of 1964 and S.I. No. 152 of 1965]

Section 23Verify source

§ 24Mode of searching women ......................................................................................................................................................... 7Amendment

A convicted appellant and sureties must enter a recognizance: the appellant must pursue the appeal without delay, submit to the High Court’s judgment, pay any costs awarded, and usually return to the Subordinate Court within 10 days after judgment unless the appealed decision is reversed.

24. Recognizance of appellant to prosecute appeal and submit to judgment (Section 332) In the Subordinate Court of ________. Whereas the undersigned principal party was convicted by this Court on the _________ day of _________, 19 ____, for the offence of (state offence with particulars of law contravened and date and place of offence) and was sentenced or ordered to (state sentence or order). And whereas the principal party desires to appeal to the High Court against the said conviction and/or sentence. The principal party to this recognizance hereby binds himself to perform the following obligation: To prosecute without delay his appeal to the High Court against the said conviction and/or sentence, to submit to the judgment of the High Court and pay such costs as may be awarded by such Court and, unless the determination appealed against is reversed, to appear before this Court at _________ within ten days after the _________ said judgment is given. And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit the sums following, viz.: The said principal party the sum of _________ kwacha and the said sureties the sum of _________ kwacha each, in case the said principal party fails to perform the above obligation or any part thereof. (Signed) (Signed) (Signed) Principal Party. } Sureties. Taken before me at the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961 as amended by G.N. No. 493 of 1964 and S.I. No. 152 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 148 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 24Verify source

§ 25Power to seize offensive weapons ........................................................................................................................................... 7Provision

A witness is told not to attend the High Court sessions unless later notified to appear.

25. Notice to witness bound over that he is to be treated as having been bound over conditionally (Section 236 (1)) In the Subordinate Court of _________. To (insert name of witness). Whereas you, _________, of _________, were on the _________ day of _________, 19 ____, bound by a recognizance in the sum of to attend the Sessions of the High Court to be held at _________ on the _________ day of _________, 19 ____, or such other Sessions of which you may be notiﬁed in writing and there to give evidence on the trial of: And whereas the subordinate court has (since committed the said _________ for trial at the next Sessions of the High Court for the Province of _________ to be held at _________, and has) directed that you are to be treated as having been bound over to attend the trial conditionally upon notice being given to you: THIS IS TO GIVE YOU NOTICE that you are NOT required to attend the said Sessions of the High Court for the purpose aforesaid unless you subsequently receive notice directing you to appear thereat. Dated _________ the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961]

Section 25Verify source

§ 26Arrest by police ofﬁcer without warrant ................................................................................................................................ 7Provision

A witness previously bound by recognizance is directed to attend the next Sessions of the High Court and give evidence.

26. Notice directing witness to appear at a sessions of the High Court other than that speciﬁed in his recognizance (Section 233 (2)) In the Subordinate Court of ________. To (insert name of witness). Whereas you, ________ of _________, were on the _________ day of _________, 19 _____, bound by a recognizance in the sum of to attend the Sessions of the High Court to be held at on the _________ day of _________, 19 ____, or such other Sessions of which you may be notiﬁed in writing and there to give evidence on the trial of ________: THIS IS TO GIVE YOU NOTICE that you are no longer required to attend the Sessions of the High Court as aforesaid, but you are hereby DIRECTED AND REQUIRED to attend at the next Sessions of the High Court, to be held at on the _________ day of _________ 19 ____. And unless you so attend and give evidence, the said recognizance entered into by you will be forthwith enforced against you. Dated the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961]

Section 26Verify source

§ 27Arrest of vagabonds, habitual robbers, etc. .......................................................................................................................... 8Provision

A witness who has been bound over, or treated as bound over conditionally, must attend the next High Court sessions and give evidence.

27. Notice requiring attendance of witness bound over or treated as bound over conditionally (Section 236 (2)) In the High Court for Zambia _________ or in the Subordinate Court of _________. To (insert name of witness). Whereas you _________, of _________, were on the _________ day _________ of _________ 19 ____, bound over by a recognizance in the sum of to attend *upon notice being given to you at the Sessions of the High Court speciﬁed in such notice and there to give evidence on the trial of: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 149 Criminal Procedure Code, 1933 (Chapter 88) Zambia (Or (Where witness has been treated as bound over conditionally and served with a notice in Form 25, insert instead after asterisk*) at the next Sessions of the High Court to be held at on the _________ day of _________, 19 ____, or _________ such other Sessions of the High Court of which you may be notiﬁed, to give evidence on the trial of _________; and whereas notice was subsequently given _________ to you that you would not be required to attend the said Sessions for the said purpose unless you received notice:) THIS IS TO GIVE YOU NOTICE that you ARE required to attend at the next Sessions of the High Court to be held at on the day of_________, 19 _____, and there to give evidence accordingly, and that unless you do so the said recognizance will be forthwith enforced against you. Dated this _________ day of _________, 19 ____. (Registrar/Senior/Resident Magistrate/ Magistrate Class) [G.N. No. 128 of 1961]

Section 27Verify source

§ 28Procedure when police ofﬁcer deputes subordinate to arrest without warrant ....................................................... 8Provision

A magistrate may certify that an obligation was not performed and order money to be levied from the goods of the relevant persons.

28. Certiﬁcate and order to be endorsed on recognizance on non-performance I certify that the within _________ has not performed the foregoing obligation. Dated at _________ the _________ day of _________, 19 ____. (Magistrate) I order that the sum of _________ be levied off the goods of the said _________ and the sum of _________ off the goods of each of the said _________ and _________ Dated at _________ the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 128 of 1961]

Section 28Verify source

§ 29Refusal to give name and residence ....................................................................................................................................... 8Offence

If a convicted person does not pay the ordered fine, compensation, and costs right away (or by the stated date), the court may recover the money by distress and sale of property and may imprison the person if distress fails.

29. Conviction for a penalty to be levied by distress, and, in default of sufﬁcient distress, imprisonment In the Subordinate Court of ________. The _________ day of _________ 19 ____. C.D., of ________, is this day convicted before this Court for that (state offence and time and place when and where committed). And this Court adjudges the said C.D., for his said offence, to pay a ﬁne of (state the penalty, compensation, if any, to the party aggrieved, and costs according to the order made). And if the said sums be not paid forthwith (or on or before ________ next), then this Court orders that the same be levied by distress and sale of the property of the said C.D. And, in default of such distress, this Court adjudges the said C.D. to be imprisoned (with hard labour) for the space of unless the said sums _________ and all costs of the said distress be sooner paid. (Magistrate)

Section 29Verify source

§ 30Disposal of persons arrested by police ofﬁcer .................................................................................................................... 8Offence

Court officers are commanded to levy the unpaid sum by distress against the debtor’s property, and if payment is still not made within the stated days, to sell the property and pay over the money levied.

30. Warrant of distress In the Subordinate Court of ________. To and other Ofﬁcers of this Court. Whereas C.D., of ________, was on the _________ day of _________ ordered by this Court forthwith (or on or before the ________) to pay (state the penalty, compensation or costs according to the order made), which he has not paid. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 150 Criminal Procedure Code, 1933 (Chapter 88) Zambia This is to command you to levy the said sum of by distress of the ________ property of the said C.D. And, if within ________ days next after the distress, the said sum of K ________ together with the costs of distress shall not be paid, that you do sell the property of the said C.D. and that you do pay the money so levied to. This warrant is to be returned in _________ days. Issued at _________ the _________ day of _________, 19 ____. (Magistrate) Ofﬁcer's Return, if no Sufﬁcient Distress, to be endorsed on Warrant I, _________, Ofﬁcer of the Court, do hereby certify to the Court that by virtue of the above written warrant, I have made diligent search for the property of the within named C.D. and that I can ﬁnd no sufﬁcient property of the said C.D. whereon the said sums can be levied. (Ofﬁcer)

Section 30Verify source

§ 31Arrest by private persons ............................................................................................................................................................ 9Offence

This is a warrant form authorizing the court to commit a person to prison if an ordered payment has not been made.

31. Warrant of commitment (on default of distress or of payment) In the Subordinate Court of ________. To ________ and other Ofﬁcers of this Court. Whereas C.D., of ________, was on the ________ day of ________ convicted before this Court of the offence of (state offence) and was ordered to pay forthwith (or on or before the ________) (state penalty, compensation or costs according to the order), and the said order has not been satisﬁed. This is to command you to lodge the said C.D. in the prison of ________ together with this warrant, in which prison the said C.D. shall be imprisoned (with hard labour) for the space of ________ unless the said sums (with K ________ for costs of distress) be sooner paid. Dated at ________ the ________ day of ________, 19 ____ (Magistrate)

Section 31Verify source

§ 32Disposal of persons arrested by private person .................................................................................................................. 9Offence

This section is a warrant form directing the addressee to lodge a convicted person in prison with the warrant so the sentence can be carried out according to law.

32. Warrant of commitment to undergo sentence of imprisonment (where no alternative punishment (Section 307) In the Subordinate Court (Class _________). To _________ Whereas _________ of _________ was convicted before this Court of the offence of (state offence with place and date), and was sentenced to (state the punishment fully and distinctly. If it is intended to backdate the sentence by virtue of section 37 of the Penal Code care should be taken ascertain whether the prisoner is already serving a sentence or not). You are required to lodge the said _________ in the prison of _________ together with this warrant, in which prison the aforesaid sentence shall be carried into execution according to law and for this the present warrant shall be a sufﬁcient authority to all whom it may concern. Dated at _________ the _________ day of _________, 19 ____. (Magistrate) [G.N. No. 168 of 1961] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 151 Criminal Procedure Code, 1933 (Chapter 88) Zambia

Section 32Verify source

§ 33Detention of persons arrested without warrant ................................................................................................................. 9Offence

An appellant must file a notice of appeal in triplicate within 14 days, and the court clerk must forward the copies and record to the High Court.

33. Notice of appeal against conviction and/or sentence (Sections 321-323) In the High Court for Zambia. H _____ A _____ /19 _____ Name of appellant ________ Convicted on the ________ day of _________ 19 ____ in the (1) Subordinate Court of the _________ class for the _________ District, holden at _________(Case No. _________ of 19 ____) (2) of the offence(s) of __________________ and on the _________ day of _________ 19 ____, committed to the High Court for sentence/sentenced* to _________ To the Clerk of the above Court: I, the above-named appellant, hereby give notice that I desire to appeal to the High Court against my conviction and/or* sentence on the grounds set forth overleaf. The following legal practitioner is acting for me _________ of ________ (address). I desire/do not desire* to be present when the court considers the appeal. Dated this _________ day of _________, 19 ____. (1) Det of Subord Court a Case N (2) Statem of Offence *Delete approp [Please note: incomplete footnotes as in original.] ________________ Witness ___________________ (Address of witness) ________________ (Appellant (3)) _________________________________ (Prison of full address if not in custody) ________________________________________ ____________________________________ The above notice was handed to me___ The above notice was ﬁled ____ This ____ day of _____ 19 ____ day of _____ 19 ____ ______________________________ ______________________________ Ofﬁcer in Charge Clerk of the Court __________________ Prison By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 152 Criminal Procedure Code, 1933 (Chapter 88) Zambia (3) Thi: MUST signed appellc cannot he mus his mai presen witness name i addres such al witness be give [Please note: incomplete footnote as in original.] NOTES— (1) This notice must be submitted in triplicate and within fourteen days of— (a) the date of sentence, if the Subordinate Court has sentenced the appellant; (b) the date of conviction, if the Subordinate Court has committed the appellant to the High Court for sentence. (2) If the fourteen-day period has expired and if it is desired to appeal out of time, the appellant should also complete the attached Application to Appeal out of Time. (3) The Clerk of the Court will forward to the appropriate Assistant Registrar of the High Court the three copies of this notice together with the original record and copies thereof. Grounds of Appeal(4) ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (4) The Appelk MUST out the ground reason alleges his con should quashe senten reduce Appelk also, if wishes out, in to his a reason case ai argumf [Please note: incomplete footnote as in original.] Application to appeal out of time (Section 324)) I, the above-named appellant, apply to the High Court for my appeal to be heard although entered out of time. The reasons for the delay in entering the appeal and the grounds on which I submit that the court should hear the appeal are as follows: ___________________________ ___________________________ ___________________________ _________ By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 153 Criminal Procedure Code, 1933 (Chapter 88) Zambia (Applicant) DECISION BY JUDGE ________ (Judge) PARA (Date) _________ 19 ____. [S.I. No. 312 of 1967]

Section 33Verify source

§ 34Police to report apprehensions ................................................................................................................................................. 9Provision

This is a case heading for a case stated in the Subordinate Court of _________ between A.B. and C.D.

34. Case stated In the Subordinate Court of _________. A.B. v. C.D.

Section 34Verify source

This section is a charge form stating that a person was charged before a magistrate in the Subordinate Court with an offence.

1. On the _________ day of _________, before _________, Magistrate presiding over the Subordinate Court of _________, C.D. was charged with _________ the following offence: (here set out charge in full).

Section 1Verify source

At the hearing, the relevant facts proved are to be set out in order.

2. At the hearing the following facts were proved: (here set out in order all relevant facts proved).

Section 2Verify source

This section says that the trial record should set out the submissions of law made by the complainant and the accused.

3. The following submissions of law were made during the trial: (here set out the submissions made by the complainant and by the accused).

Section 3Verify source

The Court states that it will adjudicate and determine the matter as follows.

4. The Court, being of opinion that (state the grounds of the decision) did adjudicate and determine as follows:

Section 4Verify source

§ 5Offences under other written laws ................................................................................................................................................... 2Offence

This section refers to questions to be submitted to the High Court for its opinion.

5. The questions on which the opinion of the High Court is desired are: (here set out the questions desired to be submitted by the Court or any of the parties or the Director of Public Prosecutions). (Magistrate)

Section 5Verify source

§ 35Offence committed in magistrate's presence ....................................................................................................................... 9Offence

The person addressed must attend the Subordinate Court as an assessor on the stated day and time, and remain in attendance until discharged by the Court.

35. Summons to assessor In the Subordinate Court of _________. To _________, of _________. You are hereby required to attend on the _________ day of _________, 19 ____, at the hour of _________ o'clock in the _________ noon at the Subordinate Court at to serve as an assessor, and to continue in attendance until duly discharged by the said Court from further attendance. Dated at _________ the _________ day of _________, 19 ____. (Magistrate)

Section 35Verify source

§ 36Arrest by magistrate ................................................................................................................................................................... 10Provision

This is a form for notifying prison authorities that an accused person has been found not guilty and acquitted.

36. Notiﬁcation of acquittal *In the High Court for Zambia. at _________ *In the Subordinate Court (Class _________) of the _________ holden at _________ To: The Ofﬁcer in Charge _________ prison. WHEREAS on the _________ day of _________, 19 ____. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 154 Criminal Procedure Code, 1933 (Chapter 88) Zambia 1 stood charged before this Court for that he _________ on the _________ day of _________, at _________ did 2 _________ ______________________________________________________ I hereby notify you that he has been found not guilty of the said charge and has been acquitted. Dated at _________ this _________ day of _________ 19 ____. _______________________________________________ (Deputy Assistant Registrar or Clerk of the Court) * Delete where inapplicable. 1 Here insert name of accused. 2 Here insert brief details of charge including section and Act alleged to have been contravened. [G.N. No. 212 of 1962]

Section 36Verify source

§ 37Recapture of person escaping ................................................................................................................................................. 10Amendment

An authorised officer must certify fingerprint identity and prior convictions on the form, and courts may not suspend sentence for the listed serious offences.

37. Certiﬁcate of previous convictions (Section 142 (2)) Criminal Investigation Department, P.O. Box RW.104, Lusaka. _____, 19 ____ F.P.R. No _________ To _______________ __________________ I _________ (name and rank) being an ofﬁcer authorised by the President in that behalf certify that— (a) I have compared the ﬁngerprints shown on the attached Form ZP.83 with those of _________ C.R.O. No. CB/CP _________ in the Criminal Record Ofﬁce and ﬁnd that they are identical; and (b) that the previous convictions of the said convict recorded in that ofﬁce are as set forth overleaf. I have, for better identiﬁcation, signed and dated the said Form ZP.83. __________________ NOTES-(1) One copy to be handed in to Court. (2) Duplicate to be attached to Warrant of Commitment for information of prison. (3) Triplicate to be returned to the Criminal Record Ofﬁce, together with ﬁngerprints, or Form ZP.84, certiﬁed with conviction and sentence on present charge IMMEDIATELY after completion of case. (4) If charge is withdrawn, or the accused is acquitted or discharged, one copy of this form will be endorsed appropriately and returned to the Criminal Record Ofﬁce. Name C.R.O. No. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 155 Criminal Procedure Code, 1933 (Chapter 88) Zambia Place and C.C.R.B. No. Date of Sentence Sentence Offence Fifth Schedule (Section 16) Offences for which courts may not suspend sentence Any offence punishable by death. Any offence against section 226 of the Penal Code. Arson. Robbery. Any offence in respect of which any written law imposes a minimum punishment. Any conspiracy, incitement or attempt to commit any of the above-mentioned offences. [No. 16 of 1959 as amended by No. 2 of 1960] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 156

Section 37Verify source

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Penal Code
Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 32, 37

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