Related documents
- Is amended by Prisons (Amendment of Schedule) Order, 2015
- Is amended by Prisons (Amendment) Act, 2000
- Is amended by Prisons (Amendment) Act, 2004
Zambia
Prisons Act, 1965
Chapter 97
- Commenced on 31 October 1966
- [This is the version of this document as it was at 31 December 1996 to 31 August 2000.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Prisons Act.2. Interpretation
In this Act, unless the context otherwise requires—"appellant prisoner" means any convicted criminal prisoner who is detained in prison as a result of a conviction which is the subject-matter of an appeal, notice of which has been accepted but the decision in regard to which has not been given;"approved school" has the meaning assigned to it in the Juveniles Act;[Cap. 53]"Assistant Commissioner" means an assistant Commissioner of Prisons;"civil prisoner" means a prisoner other than a criminal prisoner;"Commissioner" means the Commissioner of Prisons;"Convicted criminal prisoner" means any criminal prisoner under sentence of a court or court-martial;"court" means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case;"criminal prisoner" means any person duly committed into custody under writ, warrant or order of any court exercising criminal jurisdiction or by order of a court-martial;"Deputy Commissioner" means the Deputy Commissioner of Prisons;"district messenger" has the meaning assigned to it in section two of the District Messengers Act;[Cap. 288]"junior officer" means a prison officer of one of the ranks of junior officers set out in the Schedule;"juvenile" means a person under the apparent age of nineteen years;"major prison offence" means an offence declared to be a major prison offence under section ninety-one;"mechanical restraint" means restraint by the use of handcuffs, leg irons, straight jacket, or any other form of restraint approved by the Minister;"medical officer" means a person appointed or nominated or engaged as medical officer of a prison under section sixteen;"minor prison offence" means an offence declared to be a minor prison offence under section ninety;"officer in charge" means the person appointed to be in charge of a prison in pursuance of the provisions of section five;"official visitor" means a person appointed as such under section one hundred and twenty-eight;"penal diet" means such penal diet as may be prescribed in rules made under section one hundred and forty-six;"prison" means any building, enclosure or place or part thereof, declared to be a prison under section three, or deemed to have been so established as provided in section one hundred and forty-seven and includes a temporary prison established under section four and a youth corrective centre deemed to be a prison under section one hundred and thirty-three;"prison offence" means a minor prison offence or a major prison offence;"prison officer" means any member of the Service and includes any public officer seconded to the Service;"prisoner" means any person, whether convicted or not, under detention in any prison;"probation officer" means a probation officer appointed under the Probation of Offenders Act;[Cap. 93]"prohibited article" means any article which is not issued to any prisoner by authority of the officer in charge, with the approval of the Commissioner, or an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any rule made thereunder;"receiving centre" has the meaning assigned to it in the Juveniles Act;[Cap. 53]"reduced diet" means such punishment diet as may be prescribed in rules made under section one hundred and forty-six;"reformatory" has the meaning assigned to it in the Juveniles Act;[Cap. 53]"senior officer" means a prison officer of one of the ranks of senior officers set out in the Schedule;"the Service" means the Zambia Prison Service established under section eight;"subordinate officer" means a prison officer of one of the ranks of subordinate officers set out in the Schedule and includes any person into whose custody prisoners are given under subsection (5) of section seventy-one;"unconvicted prisoner" means any person, not being a convicted prisoner, duly committed to custody under a writ, warrant, or order of any court or any order of detention issued by any person authorised thereto by any law, or by order of a court-martial;"visiting justice" means a visiting justice specified in section one hundred and twenty-four or one hundred and twenty-five;"weapon" means any firearm, baton, tear smoke, or such other instrument as may be prescribed;"young prisoner" means a prisoner under the apparent age of twenty years;"youth corrective centre" means any building, enclosure or place, or any part thereof declared to be a youth corrective centre under section one hundred and thirty-three.Part II – Establishment and control of prisons
3. Declaration of prisons
4. Temporary prisons
5. Officer in charge
6. Police officers may act as prison officers
7. Women prison officers and women prisoners
In every prison in which women prisoners are imprisoned there shall be women prison officers who shall have the care and the superintendence of the women prisoners, and who shall be responsible for their discipline.Part III – Constitution and administration
8. Zambia Prison Service
There is hereby established a police force to be known as the Zambia Prison Service for the management and control of prisons and prisoners lodged therein.9. Membership of Service
10. Commissioner of Prisons
11. Commissioner empowered to make standing orders
The Commissioner may, subject to the provisions of this Act, make standing orders and give administrative directions for observance by all prison officers.12. Functions of Deputy Commissioner and delegation to Assistant Commissioner
13. Charge of prison in which no officer in charge appointed
14. Payments due to prison officers and other persons employed in prisons leaving the prison service may be set off
A sum due to a prison officer or other person employed in prisons or to his estate by way of salary, refund of pension contributions, pension or any other benefit whatsoever may be set off against a sum payable to the Government by the prison officer or other person employed in prisons on or at the time of his retirement, resignation, loss of office, death, discharge or other termination of service, as the case may be.15. Minister may appoint committee of inquiry
Part IV – Appointment and duties of medical officers
16. Medical officers
17. Duties of medical officers
18. Medical inspection
19. Observation of prisoners charged with capital offence
The medical officer shall observe the mental condition of all prisoners under sentence of death or charged with a capital offence and, for this purpose, shall personally examine those prisoners on every day on which he visits the prison, and shall furnish reports on those prisoners to the officer in charge in such form and at such times as may be prescribed.20. Examination of prisoners in separate confinement or in hospital
The medical officer shall ensure that every prisoner under sentence of death, or charged with a capital offence, or in separate confinement, or in hospital in prison, is medically examined every day on which the medical officer visits the prison.21. Powers of officer in charge to order prisoners to be examined
An officer in charge may order a prisoner to submit himself to medical examination and treatment as often as such officer thinks necessary.22. Death of prisoner
The medical officer shall, on the death of any prisoner, otherwise than by lawful execution, record in a register to be kept for such purpose the following particulars, so far as they can be ascertained:23. Notification of death of prisoner
Upon the death of a prisoner, the officer in charge shall at once notify a magistrate or coroner, and the medical officer of the prison and shall arrange for compliance with the appropriate provisions of the Inquests Act.[Cap. 36]Part V – Powers, duties and privileges of prison officers
24. General powers and duties of prison officers
Every prison officer shall exercise and perform such functions as are by law conferred or imposed on prison officers of his rank and shall obey all lawful directions in respect of the execution of the duties of his office which he may from time to time receive from officers senior in rank to him.25. Prison officer to have powers of police officer
Subject to the provisions of this Act, every prison officer while acting as such shall have all the powers, authority, protection and privileges of a police officer26. Duties of prison officers
27. Power to examine persons or vehicles
28. Punishment by subordinate officers
No subordinate officer shall punish a prisoner unless lawfully ordered so to do by the Commissioner or by an officer in charge.29. Use of weapons by prison officers
30. Prison officer's power to arrest
For the purpose of apprehending any person who may have escaped from lawful custody, a prison officer shall have power to arrest such person and to convey him to a prison and in the case of a juvenile to a receiving centre.31. Power to take photographs, fingerprints, etc., of a prisoner
An officer in charge may cause photographs, measurements, footprints and casts thereof, palm prints and fingerprints to be taken of any prisoner by any prison officer or other person authorised by the Commissioner in that behalf, and where any prisoner refuses to permit his photographs, measurements, footprints or casts thereof, palm prints or fingerprints to be taken, the officer in charge may use or may cause to be used such force as may be necessary to secure them:Provided that the photographs, measurements, footprints and casts thereof, palm prints and fingerprints of an unconvicted prisoner who is not subsequently convicted shall be destroyed upon the prisoner's release by the court.32. Non-liability for act done under authority of warrant
Part VI – Offences by and in relation to prison officers
33. Mutiny or sedition
Any prison officer who mutinies and any prison officer or other person who, directly or indirectly, instigates, commands, counsels, or solicits any mutiny or sedition amongst any prison officers or prisoners or disobedience to any lawful command given by any prison officer, or who attempts to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or both, and in addition to any such punishment shall be liable to a sentence of corporal punishment of such number, not exceeding twelve strokes with a cane, as the court specifies.[As amended by Act No. 13 of 1994]34. Absence from duty and desertion by prison officers
35. Inciting prison officer to desert
Any person who by any means, directly or indirectly, procures or persuades, or attempts to procure or persuade, any prison officer to desert, or who aids, abets, or is accessory to the desertion of any prison officer or who harbours such deserter, or aids him in concealing himself or assists in his rescue, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 13 of 1994]36. Assault on officer senior in rank
Any prison officer who shall assault, threaten or insult any officer senior to him in the Service, when such senior officer is on duty or when such assault, threat or insult shall relate or be consequent upon the discharge of duty by the officer assaulted, threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one year, or to both.[As amended by Act No. 13 of 1994]37. Miscellaneous offences by prison officers
Every prison officer who without lawful authority—38. Other offences
39. Prison officers not to be members of trade unions
40. Prison officers not to engage in dealings with prisoners
Part VII – Discipline of prison officers
41. Methods of dealing with disciplinary matters
42. Dismissal and reduction in rank of prison officer sentenced to imprisonment
43. Offences against discipline by junior or subordinate officers
Any junior or subordinate officer commits an offence against discipline if he is guilty of—44. Arrest and confinement of junior or subordinate officers for disciplinary offence
45. Power to try junior officers
46. Power to try subordinate officers
47. Procedure after imposition of punishment
48. Prisons Advisory Board
49. Recovery of fines and stoppage of pay
50. Powers of officers holding disciplinary inquiries
51. Offence against discipline may be tried by subordinate court
52. Search of prison officer and his quarters
53. Interdiction of prison officer below rank of Superintendent
54. Pay not to accrue during absence without leave or imprisonment
No pay shall accrue to any prison officer below the rank of Superintendent in respect of any period during which he is absent from duty without leave, or is undergoing any sentence of imprisonment:Provided that—Part VIII – Admission and control of prisoners
55. Admission of prisoners
56. Admission of infant child with woman prisoner
Subject to such conditions as may be specified by the Commissioner, the infant child of a woman prisoner may be received into the prison with its mother and may be supplied with clothing and necessaries at the public expense:Provided that, when the child has attained the age of four years, the officer in charge, on being satisfied that there are relatives or friends of the child able and willing to support it, shall cause the child to be handed over to the relatives or friends, or, if he is not satisfied, shall, subject to any other written law, hand the child over to the care of such welfare authority as may be approved for the purpose by the Commissioner.57. Particulars of prisoner to be recorded
Upon the admission to prison of any person, the officer in charge shall cause to be recorded such particulars regarding that person as may be prescribed.58. Search of prisoners
Every prisoner shall be searched on admission, and at such time subsequently as may be prescribed, by a prison officer of his or her own sex, but not in the presence of a person of the opposite sex, and all prohibited articles shall be taken from him or her.59. Custody and disposal of money and other effects of prisoners
Part IX – Classification, custody and removal of prisoners
60. Separation of prisoners
61. Prisoners in custody of officer in charge
62. Probation officer may have custody of prisoner
A probation officer may be authorised by a court to remove from prison any prisoner on remand in the prison, for the purpose of making inquiries at the direction of the court, and it shall be lawful for a prison officer to hand over custody of any such remand prisoner to a probation officer so authorised to remove him.63. Removal of juvenile to reformatory
64. Production of prisoners in court
65. Prisoners under police escort
66. Statements to police officers
67. Release of prisoners for investigations, etc.
An officer in charge may deliver a prisoner into police custody in the interests of justice or in connection with the investigation of a crime on the production of an order in writing which shall, in the case of an unconvicted prisoner, be signed by a police officer in charge of a police station or a police officer of or above the rank of Sub-Inspector, and, in the case of a convicted prisoner, by a police officer of or above the rank of Chief Inspector.68. Removal of prisoners from one prison to another
The Commissioner may, by any general or special order, direct that any prisoner shall be removed to any prison other than that in which he is confined or to which he had been committed.69. Certain prisoners may be restrained
Whenever an officer in charge considers it necessary for the safe custody of a prisoner that he should be confined by means of mechanical restraint, he may cause him to be so confined in accordance with rules made under this Act.70. Mentally disordered or defective prisoners
71. Removal of sick prisoners to hospital
72. Removal of prisoner to leprosarium
73. Liability for escape from hospital or leprosarium
74. Serving sentence while in hospital, etc.
The period during which a prisoner is detained in any hospital, leprosarium or institution under section seventy, seventy-one or seventy-two shall be reckoned as part of his period of imprisonment.Part X – Employment of prisoners
75. General requirement to work
76. Employment of unconvicted criminal prisoners
Part XI – Escapes, prohibited articles and areas
77. Penalty for introduction or removal of prohibited articles into and from prison and for unauthorised communication with prisoners
Any person who, save as is provided in this Act—78. Power of arrest
A prison officer may arrest without a warrant any person who—79. Unauthorised communications
80. Offences in respect of prisons and prisoners
Any person who—81. Removal of certain offenders
Any person who is found committing an offence against the provisions of section eighty may be removed from the place where he is committing the offence by a prison officer or a police officer and, if the offence is repeated by that person after he has once been removed in accordance with this section, that person may be arrested without warrant by a prison officer, who, if he makes such an arrest, shall hand the offender over to a police officer.82. Unlawful possession of articles supplied to prison officers
Any person, other than a prison officer, who is found in possession of any article which has been supplied to any prison officer for the purposes of his duty, or of any other prison property, and who fails to account satisfactorily for his possession thereof, or who, without lawful authority, purchases or receives any such article or property from any prison officer, or who aids or abets any prison officer in selling or disposing of any such article or property, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 13 of 1994]83. Assisting prisoner to escape
Subject to the provisions of this Act, any person, other than a prisoner, who—84. Harbouring prisoners
Any person harbouring or employing a prisoner whom he knows to be unlawfully at large shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 13 of 1994]85. Offences in connection with uniforms and decorations
86. Notice to be displayed stating offences in respect of prisons and prisoners
The officer in charge shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the acts prohibited under sections seventy-seven, eighty and eighty-two and the penalties which may be incurred by their commission.Part XII – Civil and unconvicted prisoners
87. Maintenance of unconvicted prisoners from private sources
A civil prisoner or an unconvicted prisoner may be permitted to maintain himself and to arrange for the purchase of, or receive from private sources at proper hours, such food, clothing, or other necessaries as the Commissioner may from time to time determine.88. Food, etc., not to be transferred to other prisoners
No food, clothing, or other necessaries permitted under the provisions of section eighty-seven shall be given, hired, or sold to any other prisoner, and any prisoner who contravenes any provision of this section shall be liable to lose all privileges permitted under the provisions of that section for such time as the officer in charge may determine.89. Food, clothing and equipment for unconvicted prisoners
If a civil prisoner or an unconvicted prisoner does not provide himself with food and clothing, he shall receive the normal prison food, clothing and other necessaries.Part XIII – Discipline of prisoners
90. Minor prison offences
The following acts and omissions shall be minor prison offences when committed by a prisoner:91. Major prison offences
The following acts and omissions shall be major prison offences when committed by a prisoner:92. Separation of prisoner charged with offence
93. Hearing of prison offences
94. Punishments that may be imposed by subordinate court
95. Punishment or minor prison offences by junior or subordinate officers
Where an officer in charge, who is a junior officer or subordinate officer, finds a prisoner guilty of a minor prison offence, he may impose one or more of the following punishments:96. Transfer of case
Whenever a prisoner is charged before an officer in charge who is not a senior officer with a minor prison offence which owing to the circumstances of the case the officer in charge considers the powers of punishment he possesses are inadequate to deal with, he shall stay the proceedings and transfer the case with a report thereon to a senior officer or to a visiting justice who is a magistrate.97. Punishment of minor prison offence by senior officer or visiting justice
98. Punishment of major prison offence by senior officer or visiting justice
Where the Commissioner, a senior officer, or a visiting justice finds a prisoner guilty of a major prison offence, he may impose one or more of the following punishments:99. Confirmation of sentence of corporal punishment
The following provisions shall apply in relation to the imposition of a sentence of corporal punishment under paragraph (h) of section ninety-eight:100. Prison offences for which corporal punishment may be awarded
No sentence of corporal punishment for a prison offence shall be imposed under the provisions of section ninety-eight unless the prison offence is one specified in paragraph (i), (ii) or (iii) of section ninety-one.101. Certain prisoners not liable to corporal punishment
No sentence of corporal punishment for a prison offence shall be imposed under the provisions of section ninety-eight on a prisoner who is—102. Restrictions in respect of corporal punishment
103. Execution of sentence of corporal punishment
Where any written law provides for confirmation of any sentence of corporal punishment imposed by a court, no such sentence shall be carried out until it has been confirmed in accordance with that written law.104. Medical practitioner and officer in charge to be present while corporal punishment is being inflicted
105. Sentence of corporal punishment may be stayed
The medical practitioner or officer in charge mentioned in section one hundred and four may at any time during the carrying out of the sentence of corporal punishment intervene and prohibit the remainder of the sentence from being carried out if he considers that the prisoner is not in a fit state of health to undergo the remainder of the sentence.106. Special provisions relating to punishments of separate confinement with penal diet and of reduced diet
107. Confinement in separate cell
108. Punishment in different prisons
Any punishments lawfully imposed, other than corporal punishment, may be carried out partly in one prison and partly in another.Part XIV – Remission of sentence
109. Remission of part of sentence of prisoners
110. Remission of part of sentence of certain prisoners
Part XV – Discharge and parole
111. Officer in charge to be responsible for discharge of prisoners
112. Day of discharge of prisoners
All criminal prisoners shall be discharged by noon on the day on which they are entitled to be discharged, but, should that day fall on a Sunday or public holiday, they shall be discharged by noon on the next preceding day not being a Sunday or public holiday.113. Travelling expenses of prisoner on discharge
A prisoner on discharge from prison shall be entitled to travelling expenses to such place as the Commissioner may determine.114. Release on parole
115. Minister may permit absence of young prisoners from prison
116. Release on licence of prisoners serving life imprisonment
Part XVI – Compulsory after care orders
117. Compulsory after care orders
118. Failure to comply with compulsory after care order and commission of further offence during currency of order
Part XVII – Report on long term prisoners
119. Report on long term prisoners
Part XVIII – Prisoners under sentence of death
120. Confinement of condemned prisoners
Every prisoner sentenced to death shall be confined in some safe place within a prison, and, if possible, shall be kept apart from other prisoners and shall be placed under constant observation both by day and by night.121. Persons who may have access to condemned prisoner
No person other than a prison officer, medical officer, a visiting justice, a minister of religion, or person authorised by the Commissioner shall have access to a prisoner under sentence of death:Provided that such a prisoner may, with the consent of and subject to any reasonable conditions which may be imposed by the Commissioner or the officer in charge, be visited by his legal advisers and such of his relatives and friends as he may express a wish to see.122. Attendance at execution by officials
Part XIX – Visiting justices, official visitors, ministers of religion and prisoners' aid societies
123. Judges may visit prisons
Any Justice of Appeal or Judge may visit and inspect any prison at any time, and, while so doing, may inquire into any complaint or request made by a prisoner.124. Minister and Ministers in charge of Provinces to be visiting justices
125. Magistrates to be visiting justices in own areas
Magistrates shall be visiting justices of the prisons situated in the area in which they normally exercise jurisdiction.126. Powers of visiting justices
Any visiting justice may at any time visit a prison in respect of which he is a visiting justice, and may—127. Visiting justice to record visit in prescribed book
On completion of each visit, a visiting justice shall enter in a book to be kept for such purpose such remarks, suggestions or recommendations for the information of the Commissioner as he may deem fit.128. Appointment of official visitors
The Minister may appoint official visitors to any prison.129. Duties of official visitors
An official visitor shall—130. Official visitors to record visit in prescribed book
On completion of each visit, an official visitor shall enter in a book to be kept for the purpose such remarks, suggestions or recommendations for the information of the Commissioner as he may deem fit.131. Ministers of religion may visit prison
Ministers of religion, or other accredited representatives of any religious body recognised by the Minister whose visits are approved by the Commissioner may at such hours and in such place as may be prescribed or as the officer in charge may permit—132. Visits of probation officers and representatives of prisoners' aid societies
A probation officer or a representative of a prisoners' aid society who has obtained the written permission of the Commissioner may be admitted to any prison at times to be arranged by the officer in charge.Part XX – Youth corrective centres
133. Establishment of youth corrective centres
134. Corrective training may be ordered in certain circumstances
Part XXI – Extra-mural penal employment
135. Extra-mural penal employment may be ordered in lieu of imprisonment
Part XXII – Miscellaneous
136. List of prisoners detained to be delivered to High Court
Every officer in charge within the area for which any session of the High Court is held for the trial of criminal cases shall deliver to the High Court at the commencement of each session a list of the unconvicted prisoners then within his prison, and that list shall specify in the case of each such prisoner the date of admission and the authority for detention, and shall deliver also a list of detained witnesses.137. Rewards for apprehension of escaped prisoners
138. Rewards and gratuities
139. Commutation of death sentence to sentence of imprisonment
Where the President pardons any person who has been sentenced to death on condition that he serves a period of imprisonment, that person shall be deemed to have been sentenced to such period by the court before which he was convicted.140. Detention of prisoners from other countries
141. Removal of prisoners to other countries
142. Commissioner may grant permission to be absent from prison
The Commissioner may grant a prisoner permission in writing to be absent from prison for a specified period for personal, family or other reasons if, in the opinion of the Commissioner, the circumstances of the case warrant the granting of permission.143. Disposal of deceased's estate
The Commissioner shall cause to be kept a personal record of every prison officer, and shall cause to be recorded therein the name or names of the person or persons to whom in the event of the death of such prison officer, without having made a valid will, any money or other personal property should be paid or delivered.144. Witnesses' expenses
A witness who duly attends at or for the purposes of an inquiry or hearing held under this Act shall be entitled to the same allowances and expenses as a witness who attends criminal proceedings at a subordinate court is entitled under the Criminal Procedure Code:Provided that this section shall not apply to a prisoner, prison officer or other public officer.[Cap. 88]145. Power to prosecute under other law not affected
Nothing in this Act shall exempt any person from being proceeded against under any other Act or law in respect of any offence made punishable by this Act, or from being liable under any other Act or law to any other or higher penalty or punishment than is provided for such offence by this Act:Provided that no person shall be punished twice for the same offence.Part XXIII – Rules, repeals and savings
146. Rules
147. ***
[Has had its effect]History of this document
10 July 2015 amendment not yet applied
Amended by
Prisons (Amendment of Schedule) Order, 2015
17 December 2004 amendment not yet applied
Amended by
Prisons (Amendment) Act, 2004
01 September 2000 amendment not yet applied
Amended by
Prisons (Amendment) Act, 2000
31 December 1996 this version
Consolidation
31 October 1966
Commenced
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Prisons (Kalundu House) Regulation, 1998 | Statutory Instrument 50 of 1998 | 1 April 1998 |