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Zambia Statutory instrument

Zambia legislation

Criminal Procedure Code (Economic and Financial Crimes Court) Rules, 2024

Section 2 is titled “Interpretation” and appears under Part II on hearing and determination of matters. Section 3 is titled “Duration of proceedings” in Part III on proceedings in the subordinate court.…

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Jurisdiction
Zambia
Structure
24 provisions
Citation
SI 10 of 2024
Dates
Source version 26 Jan 2024
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Dates
Source version 26 Jan 2024

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01

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“Section 2 is titled “Interpretation” and appears under Part II on hearing and determination of matters.”

Section 2 is titled “Interpretation” and appears under Part II on hearing and determination of matters. Section 3 is titled “Duration of proceedings” in Part III on proceedings in the subordinate court. Section 4 is titled “Filing of charge, list of witnesses and documents.” Section 8 is titled “Pre-defence conference.” Copies of this Statutory Instrument can be obtained from the Government Printer for K20.00 each.

02

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Interpretation

Section 2 is titled “Interpretation” and appears under Part II on hearing and determination of matters.

Section 2

Savings and transitional provision

This section is titled “Savings and transitional provision” and says the Rules are made under section 358A of the Criminal Procedure Code.

Section 17

04

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Source record from zambialii.org · Source version 26 Jan 2024

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Showing 24 of 24 provisions

Provision 17Commencement 4Interpretation 2Amendment
§ 2InterpretationInterpretation

Section 2 is titled “Interpretation” and appears under Part II on hearing and determination of matters.

2. Interpretation PART II HEARING AND DETERMINATION OF MATTER
Section 2Verify source

Part

PART II

§ 3Duration of proceedingsProvision

Section 3 is titled “Duration of proceedings” in Part III on proceedings in the subordinate court.

3. Duration of proceedings PART III PROCEEDINGS IN THE SUBORDINATE COURT
Section 3Verify source
§ 3(1) The Court shall, subject to this rule hear and determineProvision

The Court must hear and determine a matter within five months after plea is taken or an appeal is filed. The Court may extend that period by up to 45 days, and if the matter is still not finished on time, the presiding judge or magistrate must report the delay to the specified senior official.

3. (1) The Court shall, subject to this rule hear and determine a matter before the Court within five months from the date on which plea is taken or an appeal is filed. Duration of proceedings (2) Despite sub-rule (1), the Court may, where the Court considers it necessary, on application by a party or at the Court’s instance, extend the period specified in sub rule (1) except that the extension granted by the Court shall not exceed forty-five days. 122 Statutory Instruments 26th January, 2024 (3) Where a Court does not dispose of a matter within the period specified in sub-rule (1), the judge or magistrate presiding over the matter shall render a report, in the case of— (a) a judge, to the judge in charge of the Economic and Financial Crimes Division of the High Court; or (b) a magistrate, to the Chief Registrar. (4) The report referred to in sub-rule (3) shall contain the following: (a) the reasons for the delay in disposing of the matter; and (b) where the matter is pending— (i) hearing, the directions given to the parties; or (ii) delivery of judgment, the new date given to the parties on which the judgment shall be delivered. PART III PROCEEDINGS
Section 3Verify source

Part

PART III

§ 4Filing of charge, list of witnesses and documentsProvision

Section 4 is titled “Filing of charge, list of witnesses and documents.”

4. Filing of charge, list of witnesses and documents
Section 4Verify source
§ 8Pre-defence conferenceProvision

Section 8 is titled “Pre-defence conference.”

8. Pre-defence conference PART IV GENERAL PROVISIONS
Section 8Verify source
§ 4The prosecution shall, at the time of filing a charge, fileProvision

When filing a charge, the prosecution must file a witness list, witness statements, and copies of documents to be used at trial.

4.The prosecution shall, at the time of filing a charge, file— (a) a list of witnesses to be called by the prosecution at trial; (b) witness statements; and (c) a list and copies of documents to be relied on at trial.
Section 4Verify source
§ 5(1) The prosecution shall, within fourteen days of filing theAmendment

The prosecution must serve documents on the accused person or their legal representative within 14 days, file an affidavit of service within 2 days after service, and physically deliver documents to an accused person who is not in custody.

5. (1) The prosecution shall, within fourteen days of filing the documents referred to under rule 4, serve the documents on the accused person or the accused person’s legal representative. (2) The prosecution shall, within two days of serving the documents under sub-rule (1), file an affidavit of service. (3) The prosecution shall effect service of a document on an accused person who is not in custody by physically delivering the documents to the accused person or the accused person’s legal representative. (4) A document or witness statement which has not been served in accordance with sub-rules (1) and (3) may not be relied on at trial. (5) A person not named in a list of witnesses shall not testify at trial. Filing of charge, list of witnesses and documents Service of documents 26th January, 2024 Statutory Instruments 123 (6) Despite sub-rules (4) and (5), the prosecution may, with leave of the Court— (a) disclose a document or witness statement at any stage before the close of the prosecution’s case, if the Court is satisfied that the document or witness statement was not available at the time of the filing of that document under rule 4; or (b) amend a list of witnesses or call an additional witness. (7) Where the Court allows disclosure of a document or filing of a witness statement under sub-rule (6), the Court may adjourn the matter to give the accused person or the accused person’s legal representative an opportunity to examine the document or witness statement.
Section 5Verify source
§ 6(1) Subject to these Rules, the Court shall, within sevenCommencement

The Court must summon the parties to a pre-trial conference within seven days after the time for filing an affidavit of service under rule 5(2) expires.

6. (1) Subject to these Rules, the Court shall, within seven days after the expiration of the period specified for filing of an affidavit of service under rule 5(2), summon the parties to a pre-trial conference. Pre-trial conference (2) At the pre-trial conference, the Court shall— (a) where applicable, confirm whether the consent to prosecute has been obtained from the Director of Public Prosecutions; (b) issue directions with respect to the date on which the accused person shall— (i) take plea; or (ii) file objections to the charge, if any; (c) confirm whether the prosecution has complied with rules 4 and 5; (d) establish whether the accused person has legal representation; (e) determine whether the accused person is a child; (f) establish whether the accused person is on bail or intends to apply for bail; (g) assess whether the accused person is able to stand trial and make a defence; (h) determine whether the accused person intends to raise a defence of autrefois acquit or autrefois convict; 124 Statutory Instruments 26th January, 2024 (i) determine whether there is need for interpreters, audio visual conferencing or other facilities or services during trial; (j) confirm the number of counts in the charge; (k) confirm the number of witnesses that the prosecution intends to call at the trial; (l) determine the approximate amount of time the prosecution’s case shall take; (m) establish issues relating to admissibility of evidence; (n) in consultation with the parties, set a time-table for the progress of the matter; (o) where parties request, allow the parties to plea bargain within a period that the Court considers appropriate; and (p) deal with any other issues that the Court considers necessary for the expedient determination of the matter. (3) A Court shall, on conclusion of the pre-trial conference, issue directions, which shall include— (a) the date of commencement of trial; and (b) length of the prosecution’s case.
Section 6Verify source
§ 7(1) Where an accused person found with a case to answerProvision

An accused person who plans to call defence evidence must disclose the document they will rely on, serve it on the prosecution, and file proof of service within set deadlines.

7. (1) Where an accused person found with a case to answer intends to lead evidence in the accused person’s defence, that accused person or the accused person’s legal representative shall within fourteen days from the date of the accused person being found with a case to answer, by way of disclosure file a document that the accused person intends to rely on. (2) An accused person shall, within two days of— (a) filing the document referred to in subrule (1) by way of disclosure, serve the document on the prosecution; and (b) service of the document on the prosecution in accordance with paragraph (a), file an affidavit of service. (3) A document that has not been disclosed in accordance with sub-rule (2) shall not be relied on at trial by the defence. Disclosure by defence 26th January, 2024 Statutory Instruments 125 (4) Despite sub-rule (3), an accused person found with a case to answer may, with leave of the Court, rely on a document not disclosed in accordance with sub-rule (2), if the Court is satisfied that— (a) the document was not available at the time of the disclosure referred to under sub-rule (1); or (b) it is in the interest of justice to allow the disclosure of the document. (5) Where the Court allows disclosure of a document under sub-rule (4), the Court may adjourn the matter to give the prosecution an opportunity to examine the document.
Section 7Verify source
§ 8(1) Subject to these Rules, the Court shall, within sevenCommencement

The Court must hold a pre-defence conference within seven days after the affidavit-of-service filing period expires.

8. (1) Subject to these Rules, the Court shall, within seven days after the expiration of the period specified for filing of an affidavit of service under rule 7(2)(b), summon the parties to a pre-defence conference. Pre-defence conference (2) At the pre-defence conference, the Court shall— (a) establish whether the accused person has complied with rule 7; (b) establish the number of witnesses that the accused person intends to call; (c) determine the approximate amount of time the accused person’s case shall take; (d) establish the issues relating to admissibility of evidence; (e) in consultation with the parties, set a time table for the progress of the case; (f) where parties request, allow the parties to plea-bargain within a period that the Court considers appropriate; and (g) deal with any other issue that the Court considers necessary for the expedient determination of the matter. (3) A Court shall at the conclusion of the pre-defence conference, issue directions which shall include— (a) the date of commencement of the accused person’s case; and (b) the length of the accused person’s case. 126 Statutory Instruments 26th January, 2024 PART IV GENERAL PROVISIONS Abridgment and extension of time
Section 8Verify source

Part

PART IV

§ 10AdjournmentProvision

Copies of this Statutory Instrument can be obtained from the Government Printer for K20.00 each.

10. Adjournment Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K20.00 each. 120 Statutory Instruments 26th January, 2024
Section 10Verify source
§ 12Appeals on interlocutory applicationsProvision

Section 12 concerns appeals on interlocutory applications.

12. Appeals on interlocutory applications
Section 12Verify source
§ 17Savings and transitional provisionProvision

This section is titled “Savings and transitional provision” and says the Rules are made under section 358A of the Criminal Procedure Code.

17. Savings and transitional provision 26th January, 2024 Statutory Instruments 121 IN EXERCISE of the powers contained in section 358A of the Criminal Procedure Code, the following Rules are made: PART I PRELIMINARY PROVISIONS
Section 17Verify source
§ 9The Court may, on application by a party or, where theProvision

The Court may shorten or extend a procedural time limit for a step in the proceedings.

9. The Court may, on application by a party or, where the circumstances permit, at the Court’s instance, abridge or extend the time specified in these Rules for taking any step in connection with the proceedings. Adjournment
Section 9Verify source
§ 10An application for an adjournment shall not be grantedProvision

An adjournment application should only be granted in compelling and exceptional circumstances.

10. An application for an adjournment shall not be granted except in compelling and exceptional circumstances. Conduct of proceedings
Section 10Verify source
§ 11The Court shall conduct the proceedings in a manner thatProvision

The Court must conduct proceedings so they respect the parties’ due process and fair trial rights.

11. The Court shall conduct the proceedings in a manner that respects due process and fair trial rights of the parties at all times. Appeals on interlocutory applications
Section 11Verify source
§ 12(1) An appeal shall not lie against a decision of a CourtProvision

A party may, when appealing a judgment, raise issues that arose during the proceedings; an appeal does not lie from a court decision arising from an interlocutory application.

12. (1) An appeal shall not lie against a decision of a Court arising from an interlocutory application. (2) Despite sub-rule (1), a party may on appeal against a judgement of a court raise any issue that may have arisen during the course of proceedings. Audio visual conferencing
Section 12Verify source
§ 13(1) The Court may, on an application by a party or at theProvision

The Court may order a witness or accused person to attend proceedings or give evidence by audio visual conferencing.

13. (1) The Court may, on an application by a party or at the Court’s instance, order that a witness or accused person attend proceedings or give evidence through audio visual conferencing. (2) Despite sub-rule (1), an application by a party shall be made within reasonable time before the witness is due to testify. Submissions
Section 13Verify source
§ 14The parties may, within a period that the Court may direct,Provision

The parties may file written submissions about an issue or matter for the Court to determine, within a period the Court directs.

14. The parties may, within a period that the Court may direct, file written submissions in relation to an issue or matter for determination by the Court. Custody of exhibits Quarterly returns
Section 14Verify source
§ 15The Court may, on application by a party or at the Court’sProvision

The Court may order that an exhibit be kept somewhere other than the Court premises.

15. The Court may, on application by a party or at the Court’s instance, make an order that an exhibit be kept at a place other than the Court premises, as shall be specified in the order.
Section 15Verify source
§ 16(1) The Registrar or Clerk of Court shall prepare andProvision

The Registrar or Clerk of Court must prepare quarterly returns and send them to the judge-in-charge or magistrate in charge for transmission to the Chief Justice.

16. (1) The Registrar or Clerk of Court shall prepare and submit quarterly returns to the judge-in-charge or the magistrate in charge, for onward transmission to the Chief Justice. (2) The quarterly returns submitted under sub-rule (1) shall indicate— (a) the total number of economic and financial crime or corruption cases brought before the Court for trial; (b) the number of persons convicted or acquitted of each type of economic and financial crime or corruption case; (c) the number of cases concluded and the manner that each was concluded; and 26th January, 2024 Statutory Instruments 127 (d) any other issue which may need to be brought to the attention of the Chief Justice in relation to the cases dealt with by the Court during the quarter. (3) In this rule, unless the context otherwise requires— “Registrar” means the Registrar of the High Court or a person assigned to perform the functions of Registrar of the High Court; and “clerk of court” has the meaning assigned to the words in the Subordinate Courts Act.
Section 16Verify source
§ 17Any proceeding or appeal pending immediately before theCommencement

Pending proceedings or appeals are treated as having started under these Rules and must continue under them.

17. Any proceeding or appeal pending immediately before the commencement of these Rules shall be deemed to have commenced under, and continued in accordance with these Rules. Cap. 28 Savings and transitional provision LUSAKA 22nd January, 2024 M. MALILA, Chief Justice 128 Statutory Instruments 26th January, 2024
Section 17Verify source

Part

PART I

§ 1Section 1Commencement

These Rules may be cited by their stated name and come into operation on 1st March, 2024.

1. (1) These Rules may be cited as the Criminal Procedure Code (Economic and Financial Crimes Court) Rules, 2024. Title and comencement (2) These Rules shall come into operation on 1st March, 2024.
Section 1Verify source
§ 2Section 2Interpretation

This section defines several terms used in the Rules, including corruption, Court, economic and financial crime, legal representative, and statement.

2. In these Rules, unless the context otherwise requires– Interpretation “corruption” has the meaning assigned to the word “corrupt” in the Anti-Corruption Act, 2012; Act No. 3. of 2012 “Court” means— (a) the Economic and Financial Crimes Division of the High Court established under the Economic and Financial Crimes (Division of Court) Order, 2022; and S.I. No. 5 of 2022 (b) the Economic and Financial Crimes Division of the Subordinate Courts established under the Subordinate Courts Act. Cap. 30 “economic and financial crime” has the meaning assigned to the words in the Economic and Financial Crimes (Division of Court) Order, 2022; S.I. No. 5 of 2022 “legal representative” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act; and “statement” has the meaning assigned to the word in the Evidence Act. Cap. 28 Cap. 43 PART II HEARING AND DETERMINATION OF MATTER
Section 2Verify source

Legislative relationships

2 referenced instruments

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A–F

1 instrument

  • Criminal Procedure Code

    Section 17

N–S

1 instrument

  • Subordinate Courts established under the Subordinate Courts Act

    Section 2

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  • 26 Jan 2024 · currentEnglish

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