CHAPTER 94
EXTRADITION ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
EXTRADITION TO AND FROM FOREIGN COUNTRIES

A - APPLICATION OF THIS PART

   3.   Application of Part II

   4.   Extraditable offences

B - EXTRADITION TO FOREIGN COUNTRIES

   5.   Obligation to extradite

   6.   Request for extradition

   7.   Documents to support request

   8.   Warrant of arrest

   9.   Provisional arrest

   10.   Committal or discharge of person whose extradition is requested

   11.   Lapse of time before surrender

   12.   Surrender of prisoner under warrant of Attorney-General

C - EXTRADITION TO ZAMBIA FROM FOREIGN COUNTRIES

   13.   Definition

   14.   Request to foreign country may be made by Attorney-General

   15.   Person surrendered may be brought to the Republic

PART III
EXTRADITION TO AND FROM DECLARED COMMONWEALTH COUNTRIES

A - APPLICATION OF THIS PART

   16.   Application of Part III in relation to Commonwealth countries

   17.   Extraditable offences under this Part

B - EXTRADITION TO DECLARED COMMONWEALTH COUNTRIES

   18.   Liability of person claimed to be surrendered and request for his surrender

   19.   Restrictions on power of Attorney-General

   20.   Notices by Attorney-General

   21.   Issue of warrants

   22.   Proceedings after arrest

   23.   Power of magistrate or court to discharge or to postpone surrender

   24.   Surrender of person claimed to Commonwealth country

C - EXTRADITION TO ZAMBIA FROM DECLARED COMMONWEALTH COUNTRIES

   25.   Definition

   26.   Request to Commonwealth country to be made by Attorney-General

   27.   Person surrendered may be brought to the Republic

PART IV
GENERAL PROVISIONS ON EXTRADITION

   28.   Application of Part IV

   29.   Seizure and handing over of property

   30.   General power of Attorney-General to release

   31.   Political offences

   32.   Race, religion or nationality

   33.   Military offences

   34.   Zambian citizens

   35.   Place of commission

   36.   Pending proceedings for the same offence

   37.   Discharge of person claimed if not conveyed out of the Republic

   38.   Postponement of surrender

   39.   Non bis in idem

   40.   Lapse of time

   41.   Capital punishment

   42.   Rule of speciality

   43.   Re-extradition to a third country

   44.   Conflicting requests

PART V
RECIPROCAL BACKING OF WARRANTS

   45.   Application of Part V

   46.   Backing of warrant issued in another country

   47.   Provisional warrant

   48.   Search warrant

   49.   Proceedings after arrest

   50.   Power of magistrate to order discharge or to postpone surrender of person

   51.   Review of order of magistrate

   52.   Restrictions on return of person

   53.   Discharge of prisoner

PART VI
MISCELLANEOUS PROVISIONS RELATING TO SURRENDER AND RETURN

A - EVIDENCE AND AUTHENTICATED DOCUMENTS

   54.   Evidence and authenticated documents

B - MISCELLANEOUS

   55.   Escape

   56.   Conditions of imprisonment

   57.   Rule of speciality re a person surrendered to the Republic

   58.   Transit

PART VII
OFFENCES COMMITTED ABROAD BY ZAMBIAN CITIZENS

   59.   Offences committed abroad by Zambian citizens

PART VIII
FORMS, REGULATIONS, RULES

   60.   Prescribed forms

   61.   Regulations

   62.   Rules of court

   63.   Official seal

PART IX
INTERIM PROVISIONS

   64.   Power to implement Part II pending commencement

   65.   Power to implement Part III pending commencement

   66.   Provisions relating to sections 64 and 65

PART X
REPEALS

   67.   Repeals and savings

      FIRST SCHEDULE - Offences-Part III

      SECOND SCHEDULE - Forms under Part III

      THIRD SCHEDULE - Forms under Part V

SI 8 of 1983,

47 of 1968.

AN ACT

to amend and consolidate the law relating to extradition to and from foreign and Commonwealth countries; to provide for the reciprocal backing of warrants; to repeal the Extradition and Fugitive Offenders Act and the Fugitive Offenders (Interim Provision) Act; and also to repeal the Fugitive Offenders Act, 1881, and the Extradition Acts, 1870 to 1906, of the United Kingdom, in their application to the Republic; and to provide for matters connected with and related to the foregoing.

[Parts I and IX-25th October, 1968] [Rest*]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Extradition Act.The provisions of Parts II to VIII inclusive, and of Part X shall, respectively, come into operation on such date, or on such different dates, as the Attorney-General may, by statutory order, appoint.')">*

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

"act" includes omission;

"authenticated", when used in relation to any document submitted by a foreign or Commonwealth country for purposes of any request or application made by such country pursuant to this Act or for the purpose of any proceedings under this Act, has the meaning attributed to it by subsection (3) of section 54;

"conviction" and "convicted" do not include or refer to a conviction which under the law of some other country is a conviction for contumacy, but the term "accused person" includes a person convicted of contumacy;

"date of commencement", in relation to Parts I and IX, means the 25th October, 1968, and, in relation to Parts II to VIII and Part X, respectively, means the date appointed by the Attorney-General in respect of each such Part pursuant to subsection (2) of section 1;

"declared Commonwealth country" means a country declared by an order made under section 16 to be a Commonwealth country in relation to which Part III applies;

"detention order", in relation to another country, means any order involving deprivation of liberty which has been made by a criminal court in that country in addition to or instead of a prison sentence;

"diplomatic agent" means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary or charge d'affaires and includes a consular representative of a country for which no ambassador, envoy, minister or charge d'affaires has been accredited to the Republic;

"external warrant" means a judicial or other document issued under the law of, or of a part of, a country other than the Republic and authorising the apprehension of a person, and includes a warrant referred to in section 46;

   "extraditable crime" means an offence against the law of the Republic for which extradition may be sought by the Republic—

      (a)   from any foreign country under any extradition agreement or under reciprocal facilities pursuant to Part II; or

      (b)   from any declared Commonwealth country pursuant to Part III;

   "extraditable offence" means—

      (a)   an offence against the law of any foreign country for which extradition may be sought from the Republic under any extradition agreement or under reciprocal facilities pursuant to Part II; or

      (b)   an offence that is described in the First Schedule and for which extradition may be granted to a declared Commonwealth country pursuant to Part III;

"extradition" means the surrender of a person under the provisions of Part II or of Part III to or by a country in relation to which one of such Parts respectively applies;

"extradition agreement" has the meaning assigned to it by subsection (1) of section 3;

"extradition provisions" means the provisions of an extradition agreement or of an order under section 3 applying Part II otherwise than in pursuance of an extradition agreement; or of an order under section 16 applying Part III in relation to a declared Commonwealth country;

"foreign country" means any State outside the Republic other than a Commonwealth country, and includes every constituent part, colony or dependency of such State;

"habeas corpus" means the writ of habeas corpus ad subjiciendum;

"imprisonment" includes deprivation of liberty under a detention order;

"magistrate", except in subsection (3), means a senior resident magistrate or a resident magistrate;

"magistrate's court" means a subordinate court of the first class presided over by a senior resident magistrate or a resident magistrate;

"person claimed" means a person whose extradition is requested under Part II or III;

"prescribed country" means a country to which Part V applies by virtue of an order made pursuant to section 45;

"prison" includes a gaol, lock-up or other place of detention;

"requested country" means a country which, under Part II or III, as the case may be, is requested to surrender a person to the Republic for prosecution or punishment for an offence;

"sentence" includes detention under a detention order or restriction under a restriction order.

   (2) This Act applies, except where otherwise provided, in relation to an offence whether committed or alleged to have been committed before or after the commencement of this Act.

   (3) Where a person, who has been arrested in pursuance of the provisions of this Act, is brought before a magistrate who has no power to exercise jurisdiction under this Act, that magistrate shall have power to order such person to be brought before some magistrate having such jurisdiction and to remand or admit such person to bail, and effect shall be given to any such order.

PART II
EXTRADITION TO AND FROM FOREIGN COUNTRIES

A - APPLICATION OF THIS PART

3.   Application of Part II

   (1) Where by any international agreement or convention to which the Republic is a party an arrangement (in this Act referred to as an "extradition agreement") is made with a foreign country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the President is satisfied that reciprocal facilities to that effect will be afforded by a foreign country, the President may, by statutory order, apply this Part in relation to that country.

   (2) Where the Republic is a party to an arrangement amending an extradition agreement, the President may, by statutory order, so declare and the extradition agreement shall thereupon have effect as so amended.

   (3) An order relating to an extradition agreement or an amendment thereof shall recite or embody the terms of the agreement or amendment and shall be evidence of the making of the agreement or amendment and of its terms.

   (4) An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement may be made subject to such conditions, exceptions and qualifications as to its application as may be specified in the order.

   (5) Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part and of Part IV, have the force of law in accordance with its terms.

   (6) The President may, by statutory order, revoke or amend any order made under this section.

   (7) On the revocation of an order applying this Part in relation to any country, this Part shall cease to apply in relation to that country.

   (8) Every order made under this section shall be laid before the National Assembly as soon as may be after the making thereof.

4.   Extraditable offences

   (1) Subject to subsection (2), extradition under this Part shall be granted only in respect of an offence which is punishable under the laws of the requesting country and of the Republic by imprisonment for a maximum period of not less than one year or by a more severe penalty or for which, if there has been a conviction and sentence in the requesting country, imprisonment for a period of not less than four months or a more severe penalty has been imposed.

   (2) If a request is made for extradition in respect of an offence to which subsection (1) applies and the request includes also any other offence which is punishable under the laws of the requesting country and of the Republic but does not comply with the conditions as to the period of imprisonment which may be, or has been, imposed, then extradition may, subject to the provisions of this Part, be granted also in respect of the latter offence.

   (3) In this section, any reference to an offence punishable under the laws of the Republic shall be construed as including references to an act which, if it had been committed in the Republic, would constitute such an offence.

B - EXTRADITION TO FOREIGN COUNTRIES

5.   Obligation to extradite

Where a country in relation to which this Part applies duly requests the surrender of a person who is being proceeded against in that country for an offence or who is wanted by that country for the carrying out of a sentence, that person shall, subject to and in accordance with the provisions of this Part and of Part IV, be surrendered to that country.

6.   Request for extradition

A request for the extradition of any person under this Part shall be made in writing to the Attorney-General and shall be communicated by—

      (a)   a diplomatic agent of the requesting country, accredited to the Republic; or

      (b)   any other means provided in the relevant extradition provisions.

7.   Documents to support request

   A request for extradition under this Part shall be accompanied by the following documents—

      (a)   the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the external warrant or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country;

      (b)   a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting country;

      (c)   a copy of the relevant enactments of the requesting country or, where this is not possible, a statement of the relevant law; and

      (d)   as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

8.   Warrant of arrest

   (1) If the Attorney-General receives a request made in accordance with this Part for the extradition of any person he shall, subject to the provisions of this section, signify to a magistrate that the request has been made and order the magistrate to issue a warrant for the arrest of that person and the magistrate shall issue a warrant accordingly.

   (2) A warrant issued under this section may be executed in any part of the Republic and it shall not be necessary to have it endorsed by a magistrate exercising jurisdiction in the place where it is to be executed.

   (3) If the Attorney-General is of opinion that the information communicated to him in pursuance of section seven is insufficient, he may request the requesting country to furnish such further information as he thinks proper and may fix a time limit for the receipt thereof.

   (4) The Attorney-General shall refuse extradition if he is of opinion that the case is one in which extradition is prohibited under any provision of this Part or of Part IV or under the relevant extradition provisions.

   (5) A person arrested under a warrant issued under this section shall be informed, in a language that he understands, of the reasons for his arrest and detention and shall be brought before a magistrate as soon as practicable.

   (6) The provisions of section 29 pertaining to the seizure and handing over of property of the person claimed shall apply to the execution of a warrant under this section.

9.   Provisional warrant

   (1) A magistrate, if he so thinks proper, may, without an order of the Attorney-General under section 8, issue a provisional warrant for the arrest of any person on the sworn information of a police officer not below the rank of Assistant Superintendent that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.

   (2) A request for the provisional arrest of any person shall—

      (a)   state that one of the documents mentioned in paragraph (a) of section 7 exists in respect of that person and that it is intended to send a request for his extradition;

      (b)   specify the nature of the offence and the time at which and the place where the offence is alleged to have been committed; and

      (c)   give a description of the person whose arrest is sought.

   (3) A request for provisional arrest may be transmitted by post or telegraph or by any other means affording evidence in writing of the making of such request.

   (4) Where a magistrate issues a warrant under subsection (1) he shall forthwith inform the Attorney-General of the issue of the warrant and the Attorney-General may, if he is of opinion that the case is one in which extradition is prohibited under the provisions of this Part or of Part IV or of the relevant extradition provisions, order the warrant to be cancelled and the person arrested thereunder to be discharged.

   (5) A warrant issued under this section may be executed in any part of the Republic and it shall not be necessary to have it endorsed by a magistrate exercising jurisdiction in the place where it is to be executed.

   (6) A person arrested under a warrant issued under this section shall be informed, in a language that he understands, of the reasons for his arrest and detention and shall, unless the warrant is cancelled under subsection (4), be brought, as soon as practicable, before a magistrate, and the magistrate shall remand the said person, either in custody or on bail, pending the receipt from the Attorney-General of a notice or order signifying that the request for extradition has been duly received, or ordering the release of that person under section 30, and for this purpose the magistrate shall have the same powers of remand as if that person were brought before him on a preliminary inquiry.

   (7) If, within the period of eighteen days after such person's arrest, no such notice or order, as is referred to in subsection (6), is received, he shall be released.

   (8) The release of any person under subsection (4) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.

10.   Committal or discharge of person whose extradition is requested

   (1) Where a person claimed is before a magistrate pursuant to section 8 or 9 and—

      (a)   there is adduced before such magistrate—

      (i)   in the case of a person who is accused of an extraditable offence, such evidence as would, in the opinion of the magistrate, according to the law, justify the committal for trial of the person if the act constituting that offence had taken place in the Republic; or

      (ii)   in the case of a person who is alleged to have been convicted of an extraditable offence, sufficient evidence to satisfy the magistrate that the person had been convicted of that offence and is unlawfully at large; and

      (b)   the magistrate is satisfied, after hearing any evidence tendered by the person, that—

      (i)   the extradition of that person has been duly requested; and

      (ii)   this Part applies in relation to the requesting country; and

      (iii)   extradition of the person claimed is not prohibited by this Part or Part IV or by the relevant extradition provisions; and

      (iv)   the documents required to accompany a request for extradition under section 7 have been produced;

the magistrate shall make an order committing that person to a prison there to await the warrant of the Attorney-General for his surrender to the requesting country and shall forward a copy of such committal order to the Attorney-General.

   (2) The magistrate may, if of opinion that the information communicated under section 7 is insufficient to enable a decision to be made, adjourn the hearing for such period as the magistrate thinks proper to enable information to be produced and, pending consideration of the case, the magistrate shall have the same powers of adjournment and remand as if the person claimed were brought before him on a preliminary inquiry.

   (3) If after hearing the evidence adduced the magistrate is not satisfied that extradition should be granted under this Act in the case of the person claimed, he shall order that the person claimed be discharged and shall forthwith notify the Attorney-General in writing of the making of such order and of his reasons therefor.

11.   Lapse of time before surrender

A person committed under section ten shall not, except with his consent, given before a magistrate, be surrendered to the requesting country until the expiration of fifteen days from the date of his committal or until the conclusion of any habeas corpus proceedings brought by him or on his behalf or the determination of any request made pursuant to an application under subsection (2) of section 31, whichever is the later.

12.   Surrender of prisoner under warrant of Attorney-General

   (1) Subject to sections eleven and thirty-eight, the Attorney-General may, if the person claimed is committed under section ten and is not discharged by the decision of the High Court in any habeas corpus proceedings, or consequent upon any request made pursuant to an application under subsection (2) of section 31, issue a warrant directing that the person claimed be brought to some convenient point of departure from the Republic and there be delivered to such other person as, in the opinion of the Attorney-General, is duly authorised by the requesting country to receive him and convey him from the Republic to the requesting country; and he shall be surrendered accordingly.

   (2) Any person to whom a warrant under subsection (1) directs a person claimed to be delivered may, for the purposes of surrender under this Act, receive, hold in custody, and convey out of the Republic the person so delivered to him.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.