TRANSFER OF CONVICTED PERSONS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Application for agreement to transfer convicted persons

   5.   Grant or refusal of application by Minister

   6.   Issue of warrant

   7.   Imprisonment of convicted person

   8.   Remission

   9.   Pardon, amnesty and commutation

   10.   Juvenile and mentally disordered convicted person

   11.   Transfer of foreign convicted persons

   12.   Applications of convicted persons or foreign convicted persons under legal or other disability

   13.   Convicted persons and foreign convicted persons in lawful custody during transfer

   14.   Cost of transfer

   15.   Regulations

AN ACT

to provide for the transfer between Zambia and other specified or designated countries of persons for the time being imprisoned in prisons, hospitals or other institutions under orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction; and to provide for matters connected with or incidental to the foregoing.

[28th December, 1998]

Act 26 of 1998.

1.   Short title

This Act may be cited as the Transfer of Convicted Persons Act.

2.   Interpretation

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

“appropriate authority” means the person responsible under an enactment of a specified or designated country for administering the transfer of convicted persons to and from that specified or designated country, and includes the lawful delegate of such person;

“Commissioner” means the person appointed Commissioner of Prisons under section 10, of the Prisons Act;

“Commissioner for Juvenile Welfare” means the person appointed Commissioner for Juvenile Welfare under section 5, of the Juveniles Act;

“convicted person” means any person who—

      (a)   is a citizen or an ordinary or permanent resident of Zambia, or has close ties with Zambia; and

      (b)   convicted and sentenced in a specified or designated country to—

      (i)   an effective term of imprisonment of which the unexpired portion at the time that an application under section 4, is made is not less than six months; or

      (ii)   an indeterminate period of imprisonment; and includes a convicted person released on license from such sentence;

“designated country” means any country, not being a Commonwealth country, designated as such by the Minister under section 3;

“foreign convicted person” means any person who—

      (a)   is not a citizen of Zambia;

      (b)   is a citizen of, or is ordinarily or permanently resident in, a specified or designated country or has close ties with a specified or designated country; and

      (c)   is convicted and sentenced in Zambia to—

      (i)   an effective term of imprisonment, of which the unexpired portion at the time that an application in terms of section 4,is made, is not less than six months; or

      (ii)   an indeterminate period of imprisonment; and includes a foreign convicted person released on licence from such sentence;

“imprisonment” includes—

      (a)   the placement of juvenile in a training institute or reform school in terms of section 10,of the Juveniles Act;

      (b)   the detention of a person, at the pleasure of the President, in an institution in terms of section 163, of the Criminal Procedure Code; and

      (c)   any form of restraint of liberty analogous to paragraph (a) or (b) that applies in a specified or designated country.

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