Guidance

Information pack for British prisoners in Zambia

Updated 11 March 2022

1. Disclaimer

This guidance was compiled by the Consular Section, British High Commission Zambia. It is revised on a regular basis. If any of the information contained in this guidance is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British High Commission in Zambia is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

2. Chapter 1: Key points

2.1 Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This prisoner pack is designed to give you, and your family and friends, information about the local system in Zambia and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

1. Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British High Commission (and must do so if you want them to)
  • even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British High Commission or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the High Commission even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government, which requires a mandatory notification to be made.

2. Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas. In Zambia, details for the British High Commission are below:

The British High Commission in Zambia, Embassy Park
5210 Independence Avenue
PO Box 50050
Lusaka
Zambia

If you need consular assistance, you can contact us any time on (+260) 211 423200. Please note that we do not accept walk-in visitors at the High Commission, but you can reach us on this number 24/7. You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

Website: www.gov.uk/government/world/zambia

3. What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Zambia, authorities should notify the High Commission of your arrest. However, this does not always happen, and when it does happen, it can take some time for the message to reach us via the Ministry of Foreign Affairs. You should ask police or prison authorities to contact us over the telephone on (+260) 211 423200, or ask your lawyer or family members to call us on your behalf.

Once we are notified, we aim to contact you as soon as possible. How quickly we can contact you will depend on how quickly we can get permission from the Zambian authorities to speak with you. In recent cases, this has ranged from a couple of days to a couple of weeks.

We can also:

• provide a list of local English-speaking lawyers
• provide general information about the country, detention conditions, and the local legal system
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/ letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad.
• in some circumstances, be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available, we can also pass on messages and deliver letters to the prison
  • generally, we cannot arrange for delivery directly to you
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we can’t do is:

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

2.2 First Steps

1. Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

2. Do I need a lawyer?/ How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local English-speaking lawyers. See also the section about the kind of legal assistance that’s available.

You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

3. Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities.

This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

4. Who else can help me?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

3. Chapter 2: Detention conditions in Zambia

3.1 Visits – friends and family

1. How do my family and friends arrange a visit?

Visitors must have authorisation from the officer-in-charge at the prison, who issues permits for such visits upon arrival at the prison.

2. How many visits am I allowed?

You are entitled to unlimited visits by your legal adviser and consular staff. Provided that relatives are granted permission, they can be allowed to visit daily, depending on the arrangement. However, no prisoner is allowed to receive more than 3 visitors at any one time and visits are limited to 2 per detainee per day.

3. Consular visits

Once we are notified of your arrest, we aim to contact you as soon as possible. How quickly we can contact you will depend on how quickly we can get permission from the Zambian authorities to speak with you.

In recent cases, this has ranged from a couple of days to a couple of weeks. We will do our best to obtain permission quickly, but you can help us by requesting that we are informed of your arrest as soon as possible. Based on recent experience, it may be more difficult for us to visit you quickly if you are imprisoned far from Lusaka.

If you are detained over a long period, we will agree a schedule of visits, depending on your circumstances.

4. What can visitors bring?

Visitors are advised to bring basic toiletries and other small essential items. Dry food and juice may be permitted, pending approval by prison staff.

5. Where will visit take place?

Visits take place in a communal area. Visitors may be required to produce an ID and leave any electronic gadgets at the security checkpoint. Visits normally last about 30 minutes. They are usually uninterrupted.

The prisoners do not have access to vending machines and are not be allowed to handle cash in person. These visits are supervised by the officers who may listen in. You or your lawyer can make a request to the prison officer to speak privately if need be.

6. Emergency trips outside of prison

Making a trip outside of prison when an urgent situation arises will be considered on a case-by-case basis, but the bar is set very high and only likely to be considered in very extreme cases.

3.2 Police custody and initial arrival at prison

1. Arrival at the police station & basic rights

In Zambia, arrested persons are taken to the police station during the investigative stage. On arrival, you should be presented to the custody officer who must record your name, the offence you have been arrested for, and your health condition. The custody officer is responsible for ensuring you are treated humanely and have access to medical attention if you need it. If you have complaints regarding your health, hygiene or welfare whilst in police custody, you can complain to the custody officer.

The police will likely search and question you. The police must warn and caution you before any interview. The interview must be recorded, and is usually recorded in writing as a statement, which you and a witnessing officer will need to sign. Under Zambian law the statement must be given voluntarily and any harsh interrogation techniques or force would invalidate the voluntariness. Interviews are normally carried out in the investigators office, as there is no dedicated interview space.

In Zambia, it is illegal to arrest someone to assist an investigation, although this does sometimes happen. Only people suspected of committing a crime can be arrested under Zambian law.

You have the right to have legal representation before answering questions or making a statement. Here is a list of private lawyers to choose from. We have provided advice on what legal aid is available in Zambia .

You have the right to an interpreter if needed, although the police will normally speak with you in English. We can provide a list of interpreters, but we cannot pay for interpretation. Following your arrest, the Zambian police can either:

• release you without charge
• release you on bail pending further investigations
• lay charges against you

If you are charged, you may be released on police bond, pending a court appearance or if detained in custody, pending court appearance. You can be held for 24 hours without a charge or appearing before a magistrate. The police can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, e.g. murder. You can be held without charge for up to 14 days if you’re arrested under the Terrorism Act.

There should normally be male and female police officers on duty. Female detainees should be held in separate cells to men. The cells in police stations can be overcrowded. Whilst in police custody, you are not entitled to spend time outside.

2. Appearance at court

At your first court appearance, the charges will be read and you will be expected to enter a plea (guilty or not guilty). The court will determine where the trial will take place. If you are still in custody, you can apply for bail (see page 16 for more details). The court will determine whether you can be released on bail, or sent to prison whilst you await your trial date (known as being on remand).

More information about the Zambian judicial system can be found in Chapter 3.

3.3 Initial arrival at the prison

1. Who will know I have been detained?

When a British person is arrested and detained in Zambia, the authorities should inform the British High Commission. However, there may be some delays for the Ministry of Foreign Affairs to inform the British High Commission. We will reach you faster if you let the High Commission know as soon as possible after your arrest, whether through your lawyer, friends, or family.

You should also ask the police to ensure the British High Commission is informed of your arrest, as sometimes police in Zambia do not realise they should do so, particularly in remote areas.

For reasons of confidentiality, we are not permitted to tell anyone that you have been detained or what the charges are without your permission. A consular officer will visit you or make contact as soon as possible after receiving notification of arrest. As it is necessary to obtain prior clearance from the Zambian authorities, there may be some delay between us hearing of the arrest and the visit/ contact.

In this event, we will do our best to keep you informed, but this may not always be possible as we are dependent on the Zambian authorities to give us permission to speak to you. We can provide you with a list of English-speaking lawyers. Legal costs are your responsibility.

If you have dual nationality and one of your nationalities is Zambian, then the British High Commission cannot assist you formally under international law. However, we will provide whatever informal assistance the local authorities will allow.

2. Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drug trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence will appear, if a Criminal Records Bureau check is carried out by a prospective employer.

3. Will the prisoner be interviewed by a doctor and/or a social worker upon arrival?

On admission to prison under an appropriate detention warrant, prisoners are received by the Reception Board, consisting of the officer-in-charge and other officers. The Reception Board interviews and classifies prisoners and provides them with a copy of the prison rules. The medical officer examines the general health of the prisoner and records it.

4. What happens if a prisoner relies on medication they have brought with them?

You will have a medical officer responsible for your health care. As stocks of drugs are limited, you may need to rely on friends or relatives to purchase prescribed medication. For long-term treatments, you will be taken to the nearest government hospital; stocks of drugs again may be limited.

Standards of healthcare are low. Poor sanitation, overcrowding in cells and bad diet combine to help the spread of infections. Colds and stomach problems are common.

You will be provided with clothing and toiletries by the authorities. These, however, are dependent on availability and so family and friends can purchase and bring these to you.

5. Arrival at prison

You may be transferred to prison if the court determines you are to be held in custody whilst awaiting trial (on remand), or to complete your sentence following a trial and sentence. Sentenced prisoners and those on remand are held separately.

You will be received by the officer-in-charge, interviewed and given a copy of prison rules. You should expect to be routinely searched and documented upon arrival. You will then be seen by a medical officer who will carry out a medical assessment and record it.

Your personal belongings will be surrendered to the prison officials. Any valuable items in your possession are documented and kept by authorities and may be claimed or returned upon release. You will have access to basic needs such as food and water and a place to sleep. The holding cells and prisons are overcrowded and do not offer much comfort.

You have the right to make one free local telephone call. To make an international call, you must insist you get in touch with the British High Commission for assistance.

3.4 Prison: conditions and daily life

1. General prison conditions

Prison conditions in Zambia can be very harsh. Overcrowding is a major problem and cells designed to hold 20 prisoners often hold in excess of 100. Sanitation is very poor with most cells having a single rundown toilet. Shower facilities are available but hot water is scarce. Mosquitoes, cockroaches and rats are common. The sleeping accommodation is usually directly on the floor or a shared mattress with a blanket.

The cells have natural light.

2. Food and diet

The prison diet is very limited. Rations consist of nshima (maize meal), beans and kapenta (small fish similar to whitebait) and drinking water. There is virtually no variety. Prisoners with friends or relatives in the area may arrange to have food brought in. However, before this is done, you should check with the officer-in-charge, whether this will be permitted and whether it will result in the withdrawal of all prison rations.

3. Hygiene

You will have access to one shower a day and this is usually in communal facilities. Showers and toilets are run down, with limited supply of toiletries. Friends and family are encouraged to provide these, as there are no prison shops available.

4. Work and study

There are no facilities in prisons for private work or study. You are however, able to receive books to pursue studies, provided this has been approved and checked with the officer-in-charge. Some prisoners have been sentenced to prison with hard labour, in which case they would need to work as part of their sentence.

5. Contact and languages

Inmates have contact with one another unless in confinement. Otherwise, they are not restricted. No language classes are provided and all prison guards are able to speak English. Local languages are spoken amongst the guards and prisoners. There are over 70 languages spoken in Zambia, with the most common being Bemba, Lozi, Nyanja and Tonga.

Ordinarily, cell phones are not allowed in prisons. But with permission and good conduct from the officer-in-charge, you may be allowed to make phone calls. However, internet is not provided.

There are no televisions, radios or libraries available. However, some social activities on offer at the prison include sport.

There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

6. Exercise

Prisoners are permitted to go outdoors a certain number of hours a day. However, there are no exercise facilities and exercise activities are not routinely organised by the prison authorities.

7. Climate

Zambia is a tropical country with a pleasant climate. There are 3 seasons – cool and dry from May to August, hot and dry from September to November, and warm and wet from December to April. You may be offered clothing by the prison and this is usually a t-shirt, trousers and a light jacket. This may vary from one prison to the other and is not guaranteed.

8. Religion

Prisoners are entitled to take part in religious services of their choice. They have the right to receive visits from a priest, rabbi or minister of their faith. The detention facilities have some religious ministers.

9. Rules and regulations (including drugs)

In most prisons, drug abuse is rife. If you inject drugs, you run the risk of contracting serious infections, like AIDS and hepatitis. Punishments for possession or use of drugs can be severe and may result in you serving a longer sentence. Prison rules are explained to prisoners on arrival.

3.5 Prison: access to help and services

1. How can I receive money?

Here is how you may be able to receive financial assistance while in prison.

1. Transfers can be made to you via Western Union through friends and relatives. If you don’t have any friends in Zambia, the British High Commission in Lusaka may be able to transfer money on your behalf. Small amounts of monies can be deposited with the reception officer at the prison. This may be used for daily needs. Arrangements can usually be made with the prison officers or visitors for small items to be purchased on your behalf.
2. Prisoners Abroad: depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The British Government does not provide financial assistance to prisoners.

2. Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

3. Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources.

The Craig Feehan Fund (CFF) and Prisoners Abroad medical fund accept applicants from detainees in Zambia, subject to meeting certain conditions. The Vitamin Fund may also be an option, depending on your circumstances.

4. Can I receive medical and dental treatment?

The prison medical officer is responsible for the prisoner’s health care. As stocks of drugs are limited, prisoners may need to rely on friends or relatives to purchase prescribed medication.

For long term treatments prisoners are taken to the nearest government hospital; stocks of drugs again may be limited. Standards of healthcare are low. Poor sanitation, overcrowding in cells and bad diet combine to help the spread of infections. Colds and stomach problems are common. If you have concerns about your health whilst in prison, you should notify the prison medical officer and the consular officer.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

5. Mail/ Parcels

Letters are subject to censorship. You may receive parcels but these should not contain perishable foodstuffs. Writing paper, envelopes and stamps must be provided by the prisoner. Instructions should be given to the sender to detail exactly how the sender should address the letter/ parcel (e.g. writing the full name, surname and prisoner’s prison number (NIS) on the front; including their own address on the back). You should double check with the officer-in-charge about what to include in parcels and how to address them.

6. Can I make telephone calls?

Ordinarily cell phones are not allowed in prisons. But with permission from the officer-in-charge and good conduct, you may be allowed to make phone calls.

7. How can I make a complaint about mistreatment?

If you have been mistreated, please inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been injured, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Any complaints about mistreatment may be made to the Commissioner of Prisons, visiting justices, official visitors, the officer-in-charge or the chief officer of the prison. If you raise allegations of mistreatment to our staff, we will raise them with local authorities on your behalf. We will only do so with your permission. If you are physically mistreated, please try to see a doctor and obtain pictures of your injuries if it is possible to do so.

4. Chapter 3: the Zambian judicial system

4.1 Overview and first steps

1. What should happen when I am arrested?

In Zambia arrested persons are taken to the police station during the investigative stage. On arrival, you should be presented to the custody officer who must record your name, the offence you have been arrested for, and your health condition. The custody officer is responsible for ensuring you are treated humanely and have access to medical attention if you need it. If you have complaints regarding your health, hygiene or welfare whilst in police custody, you can complaint to the custody officer.

The police will likely search and question you. The police must warn and caution you before any interview. The interview must be recorded, and is usually recorded in writing as a statement which you and a witnessing officer will need to sign. Under Zambian law thee statement must be given voluntarily and any harsh interrogation techniques or force would invalidate the voluntariness. Interviews are normally carried out in the investigators office as there is no dedicated interview space.

In Zambia it is illegal to arrest someone to assist in an investigation, although this does sometimes happen. Only people suspected of committing a crime can be arrested under Zambian law. You have the right to have legal representation before answering questions or making a statement. We can give you a list of private lawyers.

You have the right to an interpreter if needed, although the police will normally speak with you in English. We can provide a list of interpreters, but we cannot pay for interpretation.

Following your arrest, the Zambian police can either:

• release you without charge;
• release you on bail pending further investigations;
• lay charges against you.

If you are charged, you may be: released on police bond pending court appearance; or detained in custody, pending court appearance.

You can be held for 24 hours without a charge or appearing before a magistrate. The police can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, e.g. murder. You can be held without charge for up to 14 days if you’re arrested under the Terrorism Act.

There should normally be male and female police officers on duty. Female detainees should be held in separate cells to men. The cells in police stations can be overcrowded. Whilst in police custody, you are not entitled to spend time outside.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

2. For how long can I be remanded in custody?

If you have been detained by the police, you can be held for 24 hours without a charge or appearing before a magistrate. The police can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, e.g. murder. You can be held without charge for up to 14 days if you’re arrested under the Terrorism Act.

If you are detained in custody awaiting trial (known as being on remand), the law says you can be held in prison for a maximum of 15 days. However, because of delays in the judicial system, in practice this is rolled over unless and until you are granted bail or your trial is complete. Unfortunately, delays and backlogs in the Zambian legal system mean that you could be held for some time.

3. What happens when I am charged?

Once you have been arrested and charged with a criminal offence you will be presented to court where you either plead guilty or not guilty to the charges. See ‘appearance at court’ section, for more information. You have a legal right to be informed of the charges in a language you understand, and as soon as reasonably practicable.

If you are charged, you may be: released on police bond, pending court appearance; or detained in custody, pending court appearance. See section below on provision for bail.

4. What provision is there for bail?

Before charge, you may be released if the police wish to gather further evidence against you. This is known as police bond, and it is granted by the police. It does not come with financial conditions, but other conditions may be put in place.

After you are charged, the jurisdiction for your release moves to the courts. You can apply to the court for release on bail, pending your trial. This may require conditions, including a financial deposit which you may lose if you do not comply with other bail conditions. The court will take into account your circumstances when deciding whether to award bail, including considering the probability of fleeing the country, or committing another offence whilst released on bail.

There are certain offences where bail is never awarded. These are:

• murder
• treason
• aggravated robbery
• theft of a motor vehicle

Constitutional bail is a form of bail that can be granted by the High Court, if it can be shown that you have been held on remand for an unreasonable amount of time. If you have appealed your sentence, bail pending appeal may be a possibility. You should speak with your lawyer about whether this is an option in your case.

The FCDO is not able to facilitate the transfer of bail funds.

4.2 Trial and legal assistance

1. What kind of legal assistance is available?

If you wish to hire a private lawyer, a list of English-speaking lawyers is available online we can provide a hard copy alongside this pack. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

You also have the right to have legal representation before answering questions or making a statement. Legal aid is available from the Zambian state, but a small fee is charged. You should be aware though, that the process to acquire a legal aid representative may take longer than it would in the UK due, to insufficient capacity and a long waiting list of clients. This is upon filling in an application for Legal Aid.

Application forms can be obtained from all Legal Aid Board offices. If you are detained, you may need to appoint an agent to help you navigate the administrative process.

In the event of financial hardship, the Legal Resources Foundation (see contact details on the lawyer’s list) may consider applications for free legal aid. Any such request should be made through the reception officer on arrival at the prison cell.

2. What happens at the trial?

The Constitution of Zambia guarantees every person accursed of a crime a fair trial, and requires that:

• you are informed of the charges against you in a language you understand, and as soon as reasonable practicable
• you have adequate time to prepare your defence

The prosecution is required to provide you or your lawyer with their list of witnesses and statements of their evidence, at least 14 days before your trial begins. Your trial may be heard by a Magistrate’s Court or the High Court, depending on the nature of the crime.

In either case, the charge is read to you and you can state if the information contained is correct and then take a plea of innocence or guilt. After the plea has been taken the trial begins.

If you plead guilty, the court will convict you and pass sentence or make an order against you. If you plead not guilty, the court shall proceed to hear the case, including the presentation of evidence for and against you, as well as hearing the testimony of any witnesses. Your lawyer will have an opportunity to cross-examine any witness.

If you refuse to plead, the court shall order a plea of “not guilty” to be entered for yourself and proceed to hear the case. Where there is more than one accused person, each accused person must plead each count of the charge against him/ her.

3. Sentences

Below is a list of possible sentences that could be applied, depending on the crime you have been charged with. Your lawyer will be able to provide more detailed advice on the type of sentence you are likely to face.

1. Imprisonment - with or without hard labour, whether or not you are sentenced to a fine in addition.
2. Forfeiture – this is the loss of property to the state upon conviction which is a sentence that is only ordered under a specific statutory power. The property to be forfeited may be property connected to or used for the commission of the offence or has been obtained as a result of committing the offence.
3. Absolute discharge – you are unconditionally set free.
4. Conditional discharge – you are released on condition that you does not commit any offence
5. Deportation - upon completion of the sentence, foreign nationals are deported to their country of origin.
6. Suspended sentence - the Court can suspend all or part of a convicted person’s sentence for a number of years. However, if the person commits a similar crime in that period they will be sentenced for the new crime and will have to serve the suspended sentence from the previous crime as well.
7. Order of community service- the court may order that a convicted person conduct some form of community service. Failure to comply with such an order will result in summons or a warrant of ar-rest to be issued for the person.
8. Security to keep the peace- persons convicted of an offence not punishable by death in addition to or instead of imprisonment may be directed by the court to sign a bond stating that they will henceforth be of good behaviour and keep the peace. Failure to execute such bond will result in imprisonment of not more than 1 year.
9. Capital Punishment: death, the ultimate penalty.

4. How can appeals be made?

If you have been convicted and sentenced, you can appeal to the High Court within 14 days. You can appeal either your conviction or your sentence (unless you are given the minimum sentence in which case you cannot appeal the sentence).

Bail after conviction may be offered under some circumstances, but it is at the discretion of the court. Appeals may be heard why the High Court or the Court of Appeal, depending where your case was initially heard.

Under certain conditions, the prosecution may appeal against a not guilty verdict. Appeals by the prosecution must also be made within 24 days. During the appeal the court has the power to hear additional evidence. If this happens, the court may impose a requirement on you to stay in the country.

4.3 Reaching the end of your sentence

1. What provision is there for reduction of sentence (remission) e.g. for good behaviour?

Remission (reduction of your sentence by up to one third) may be granted on the basis of good behaviour during your time in prison. The Commissioner-General of Prisons is responsible for making recommendations about remission.

Parole is granted by the National Parole Board. The law allows prisoners to be released on parole for the last 6 months of their prison term, if they have served a sentence of at least two years. Your conduct in prison and risk to society upon release will be considered by the parole board.

2. What provision is there for clemency or pardon?

In Zambia, the Presidential pardon is granted by the President under his Prerogative of Mercy to any person convicted of any offence. Someone who has not been convicted cannot be pardoned.

3. What about any financial penalties?

Fines may be imposed for some offences if the court is satisfied that the accused can pay. The accused may be imprisoned in default of payment which should not exceed 9 months unless the law under which the conviction was made expressly authorises a longer sentence.

4. Is transfer to another prison within Zambia possible?

Section 68 of the Prisons Act Chapter 97 of the Laws of Zambia provides for the transfer of a prisoner from one prison to another within the country. The Commissioner of Prisons can do this by any general or special order.

5. Is transfer to the UK a possibility?

This is not a possibility, as there is no Prison Transfer Agreement in place with the United Kingdom.

6. What are the procedures for release and deportation?

After serving the sentence and/or paying a fine for the criminal offence foreign nationals are ordinarily deported or removed (ability to return to Zambia after 6 months) to their country of origin. Air fares are paid by yourself. The High Commission may need to provide assistance on your release: for example, ensuring you have a passport or Emergency Travel Document to enable you to travel to the UK. You should expect to cover the cost of a travel document if this is needed.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing.

If you know your release date in advance, it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area.

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency. Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 08h00 to 16h00, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 09h00 to 17h00.

7. Would I have a criminal record in the UK?

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

5. Chapter 4: Additional information

5.1 Additional Information

1. Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial.

Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone	00 44 (0)20 7561 6820
Freephone (for your relatives in the UK)	0808 172 0098
Email	info@prisonersabroad.org.uk
Website	www.prisonersabroad.org.uk

Available Mondays and Tuesdays 09h30 to 18h00, and Wednesdays to Fridays 09h30 to 16h30, UK time

6. Annexes

• FCDO leaflet: Support for British Nationals Abroad
• FCDO leaflet: In Prison Abroad: Transfer to a UK Pris-on
• List of English-speaking lawyers
• Prisoners Abroad forms
• Prisoners Abroad authorisation form
• Prisoners Abroad family contact form
• Prisoners abroad CFF form
• Reprieve Information
• Fair Trials International questionnaire and leaflets