INTRODUCTION

It is important for learners to know the basics of criminal procedure. The said basics demonstrate the understanding of who a suspect is, an accused and all the way to trial before a competent court. Learners will be given an opportunity to know the Jurisdiction of courts when it comes to criminal matters and trial. The course will also enlighten on selected laws establishing offences in Zambia.

OBJECTIVES

The objectives of this module are:

• To explain the process of arraigning a person suspected of having committed a criminal offence before a court with the necessary jurisdiction.
• To explain the jurisdiction of Courts in trying offences in comparison to those high in hierarchy lacking jurisdiction.
• To explain the courts’ jurisdictions to try general, capital and juvenile offenders.
• To explain the differences between mandatory and discretional sentencing powers of adjudicators.
• To explain the procedures provided by the Criminal Procedure Code Chapter 88 of the Laws of Zambia
• To explain the territorial jurisdiction of criminal courts in Zambia.
• To examine and explain Offences premised as Gender Based Violence (GBV), Financial Crimes and the introduction of fast track courts.

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know and explain the differences between a suspect and an accused person
• Know and explain the criminal Jurisdiction of courts
• Know and explain the Jurisdictions and sentencing powers of Courts
• Know and apply the Procedures provided by the Criminal Procedure Code Chapter 88 of the Laws of Zambia on how to handle accused persons being arraigned before courts.
• Know and explain the territorial jurisdictions of Courts when it comes to Criminal Courts
• Know and explain the rationale for introducing specialized criminal courts other than the ordinary courts. 
• Know and explain what Contempt is and when it can be invoked by adjudicators.
• Know and apply rules for securing Police Bonds, Bail Bonds, Bail Pending Appeal and Bail pending Confirmation of Sentence.

UNIT I – APPREHENSION AND ARREST

UNIT 2 – ARREST AND HANDCUFFING

UNIT 3 – THE CRIMINAL PROCEDURE CODE CHAPTER 88 OF THE LAWS OF ZAMBIA

UNIT 4 – LAWS ESTABLISHING CRIMES

UNIT 5 – ACCUSED PERSON

UNIT 6 – JUVENILE OFFENDER

UNIT 7 – CRIMINAL CHARGE

UNIT 8 – CRIMINAL COURTS IN ZAMBIA

UNIT 9 – CRIMINAL TRIAL IN THE SUBORDINATE COURT

UNIT 10 – CRIMINAL TRIALS IN THE HIGH COURT    

UNIT 11 – COMMON PUBLIC OFFENCES IN ZAMBIA

UNIT 12 – CONTEMPT OF COURT

 

RECOMMENDED READING

John Hachard And Muna Ndulo (1982) A Case Book On Criminal Law. Government Printers, Lusaka

The Journal of Criminal Law. Vol XXXII. Walkden House, Melton Street. Euston London.

Butler Fitzwater T.R and Mitchell Stephen (1973) Archbold, Pleading, Evidence & Practice in Criminal Cases. Sweet & Maxwell. London

Swarbrick Eric. J (1993) Magistrate Handbook. 6^th Edition. Republic of Zambia.

STATUTES OF PARLIAMENT

The Penal Code Chapter 87 of the Laws of Zambia, the Criminal Procedure Code Chapter 88 of the Laws of Zambia, The Narcotic Drugs and Psychotropic Substance Act Chapter 96 of the Laws of Zambia, The Prohibition and Prevention of Money laundering (Amendment) Act No. 44 of 2010 of the Laws of Zambia and The Forfeiture of Proceeds of Crimes Act No. 19 of 2010 of the Laws of Zambia.