CHAPTER 97 - PRISONS ACT

Prisons (Kalundu House) Regulations

Prisons (Appointment of Authorised Officer) Order, 2001

Parole Rules, 2008

Prisons Rules

Zambia Prison Officers' Staff Association Rules

PRISONS (KALUNDU HOUSE) REGULATIONS, 1998

[Section 146]

Arrangements of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Visits

   4.   Letters

   5.   Prohibited articles and unauthorised communications

   6.   Use of force and communication with prisoner

   7.   Use of weapons by officer and guards

   8.   Offences

   9.   Powers to punish officers and guards

   10.   Proceedings

SI 50 of 1998.

1.   Title

These Regulations may be cited as the Prisons (Kalundu House) Regulations, 1998.

2.   Interpretation

In these Regulations unless the content otherwise requires–

“Commissioner” means the Commissioner of Prisons;

“immediate family” means spouse, children, grand-children and great-grant-grand children, nieces, nephews, brothers and sisters; and

“officer-in-charge” means the person appointed to be in charge of a prison in pursuance of the provisions of section 5 of the Act.

3.   Visits

   (1) A prisoner may be visited twice a week by persons authorised by the officer-in-charge and may, in special circumstances, be allowed further visits in the discretion of the officer-in-charge:

Provided that the immediate family of a prisoner shall have unlimited access and may visit at such time and for such periods as they may desire with the prior permission of the officer-in-charge.

   (2) Visits shall be made at such times and place and subject to such conditions as the officer-in-charge may specify.

   (3) A prisoner shall not be visited by more than five visitors at any one time:

Provided that visitors under this subsection shall not include the immediate family of a prisoner.

   (4) The Officer-in-charge shall permit the legal representatives of a prisoner to interview such person at such times and subject to such conditions as the officer-in-charge may specify and such interviews shall not be reckoned as visits for the purpose of sub-regulation (1).

   (5) A legal practitioner who wishes to interview any prisoner shall be, if so requested by the officer-in-charge, produce proof that he is the legal representative of the person whom he wished to interview.

4.   Letters

   (1) The officer-in-charge may, at his description, permit a prisoner to receive and write letters.

   (2) The officer-in-charge or any person duly authorised in that behalf by him shall read every letter to or from a prisoner and may stop any such letter if in his opinion its contents are objectionable.

   (3) A prisoner by whom or to whom a letter is written which is stopped under the provision of sub-regulation (2) shall forthwith be advised that such letter has been stopped, and the officer-in-charge shall forward the letter to the Commissioner who may give directions, either generally or specifically, as to the disposal of the letter including directions for impounding or destroying the letter or for obliterating or exercising an objectionable matter therein before it is transmitted to the addressee.

5.   Prohibited articles and unauthorised communications

   (1) Any person–

      (a)   who, buy any means whatever, introduces into the prison or removes there from any letter or articles contrary to these Regulations;

    (b)   who gives to or takes from, any prisoner any letters or articles, contrary to these Regulations;

      (c)   being a prisoner who communicates or attempts to communicate with any members of the press or any person not authorised by the Commissioner; or

      (d)   not being a prisoner, who communicates or attempts to communicate with a prisoner otherwise than in accordance with these Regulations;

Shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding 12 months, or to both.

   (2) When any person in the presence of any officer or guard commits any offence specified in this regulation and refuses on demand of such officer or guard to state his name and residential address, or gives a name or residential address which such officer or guard knows or has reason to believe to be false, such officer or guard shall arrest him and shall without un necessary delay make him over to a police officer.

6.   Use of force and communication with prisoner

   (1) No officer-in-charge, officer or guard in dealing with a prisoner shall use force unless its use is necessary, and no more force than is reasonably shall be used.

   (2) Subject to the provisions of regulations 6, an officer-in-charge, officer or guard shall not strike a prisoner unless he is compelled to do so in self-defence or the defence of others.

   (3) An officer-in-charge, officer or guard shall not act in a manner calculated to provoke a prisoner.

7.   Use of weapons by officer and guards

   (1) Subject to the provisions of these regulations, an officer or guard may use a weapon against.

      (a)   a prisoner who is:

      (i)   escape or attempting to escape;

      (ii)   engaged in a combined outbreak or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the prison; or

      (iii)   using violence to him or another officer or guard or other person; and

      (b)   a person who:

      (i)   whilst assisting a prisoner to escape, is using violence to such officer or guard or other person; or

      (ii)    is engaged in a combined break-in or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the place of restriction or an inside door, gate, fence or wall of the prison.

   (2) Resort shall not be had to the use of a weapon unless–

      (a)   the officer or guard has reasonable ground to believe that he cannot otherwise prevent the escape or break-in;

      (b)   the officer or guard gives a warning that he is about to use the weapon; and

      (c)   the warning given by the officer or guard is unheeded.

   (3) No officer or guard shall, in the presence of an officer-in-charge, make use of a weapon as authorised in sub-regulation (1), except on the orders of the officer-in-charge.

   (4) The use of weapon in pursuance of the provisions of this regulation shall be, as far as possible, to disable and not to kill.

   (5) For the purposes of this regulation, “weapon” shall include any firearm, baton or tear smoke.

8.   Offences

Any officer or guard who–

      (a)   disobeys or fails to comply with any lawful order, including any standing order issued by the Commissioner;

      (b)   allows to escape any prisoner whom it is his duty to keep or guard;

      (c)   offers or uses unwarranted personal violence to any person in his custody;

      (d)   steals or un lawfully destroys any properly belonging or issued to a prisoner;

      (e)   assists or connives with any prisoner in having or obtaining any letter or article contrary to these Regulations; and

      (f)   is guilty of any other act, conduct, disorder or neglect of duty to the prejudice of good order or discipline;

shall be guilty of an offence against discipline.

9.   Powers to punish officers and guards

   (1) Alleged offences against discipline may be inquired into by the Commissioner or an officer-in-charge.

   (2) Where an officer conducting an inquiry into an offence against discipline is satisfied that such offence has been committed, he may punish the offender by–

      (a)   admonition;

      (b)   reprimand or severe reprimand;

      (c)   extra duty not exceeding seven days; or

      (d)   a fine not exceeding three months’ pay:

Provided that the imposition of a fine of or above the amount of 30 penalty units under paragraph (d) shall be subject to confirmation by the Commissioner.

   (3) The Commissioner shall have the power to reduce or quash any sentence passed by an officer-in-charge and imposed under this regulation.

10.   Proceedings

   (1) Every officer empowered to hold an inquiry under regulation 8 shall have power to summon and examine witnesses and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time.

   (2) In every inquiry under regulation 8 the proceedings and findings shall be recorded in writing.

   (3) Any person summoned as a witness under sub-regulation (1) who fails to attend at the time and place mentioned in the summons, or an adjournment, or refuses to answer any question that is lawfully put to him or makes any false statement shall be guilty of an offence and shall be liable to a fine not exceeding five hundred and 50 penalty units or to imprisonment for a period not exceeding six months, or to both:

Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

PRISONS (APPOINTMENT OF AUTHORISED OFFICER) ORDER, 2001

[Sections 135 and 146]

Arrangements of Paragraphs

   Paragraph

   1.   Title

   2.   Appointment of authorised officer

   3.   Discharge of functions

      SCHEDULE

SI 94 of 2001.

1.   Title

This Order may be cited as the Prisons (Appointment of Authorised Officer) Order, 2001.

2.   Appointment of authorised officer

The person named in the Schedule hereto are hereby appointed as authorised officers.

3.   Discharge of functions

The person appointed authorised officer under paragraph 2 shall, in consultation with any Department or committee of the government or non-governmental organisation registered under the Societies Act for the promotion of community service, discharge all the functions in supervising of offender performing unpaid work within the community where the offender resides for the period specified in the order for community service.

SCHEDULE

[Paragraph 2]

1.   Officer-in-Change of a Police Station

2.   Chief

3.   Village Headman

PAROLE RULES, 2008

[Sections 113B and 146]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Administration of Board

   4.   Functions of Board

   5.   Application for parole

   6.   Proceedings before Board

   7.   Factors to be considered in determining application for parole

   8.   Expert advice

   9.   Release on parole

   10.   Conditions of release on parole

   11.   Duration of parole

   12.   Effect of parole order

   13.   Variation or revocation of parole conditions

   14.   Arrest of parolee

   15.   Suspension of parole

   16.   Revocation of parole for breach of conditions

   17.   Recall of parolee in public interest

   18.   Termination of parole

   19.   Duties of extension officers in relation to parolees

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 101 of 2008.

1.   Title

These Rules may be cited as the Parole Rules, 2008.

2.   Interpretation

In these Rules, unless the context otherwise requires–

“Act” means the Prisons Act;

“Board” means the National Parole Board established under section 113A of the Act;

“Chairperson” means the Chairperson of the Board appointed under paragraph (a) of subsection (1) of section 113A of the Act;

“extension officer” means a person appointed as extension officer pursuant to subsection (2) of section 116A of the Act;

“Officer-in-charge” means the Officer-in-charge of the prison in which the applicant for parole is serving a sentence;

“parole” means the conditional release of a convicted offender from a penal or correctional institution, under the continued custody of the State, to serve the convicted offender’s remainder of the sentence in the community under supervision;

“parolee” means any person to whom parole is granted under these Rules;

“parole order” means an order for the release of a prisoner from prison on parole made by the Commissioner under rule 9;

“parole period” in relation to a person who has been released from prison on parole means the period that–

      (a)   commences on the day on which the person is released from prison; and

      (b)   ends on the day on which the term of imprisonment to which that person was sentenced expires, or if the parole order in relation to the person is suspended or revoked, on the date of the suspension or revocation;

“prison” means any building, enclosure or place or part thereof, declared to be a prison under section 3 of the Act, or deemed to have been so established as provided in section 147 of the act and include a temporary prison established under section 4 and a youth corrective centre deemed to be a prison under section 133 of the Act;

“sentence” means any sentence of imprisonment, whether with or without hard labour; and

“Vice-Chairperson” means the Vice-Chairperson of the Board elected pursuant to the subsection (2) of section 113A of the Act.

3.   Administration of Board

The provisions of the First Schedule shall apply as to the administration of the Board.

4.   Functions of Board

Subject to the provisions of these Rules, the functions of the Board are–

      (a)   to coordinate activities related to, and recommend to the Commissioner, the release of prisoners on parole;

      (b)   to receive and consider applications for parole and to recommend to the Commissioner the grant or refusal of such applications;

      (c)   to issue summons requiring the appearance before the Board of any parolee or applicant for parole or such witnesses as the Board may consider necessary for the purposes of these Rules;

      (d)   to recommend to the Commissioner the recall from parole of a parolee for violation of parole conditions;

      (e)   to recommend to the Commissioner the suspension or revocation of parole in respect of any parolee; and

      (f)   to make reports to the Minister at the end of the year and at such other intervals as the Minster may direct.

5.   Application for parole

   (1) A prisoner who is eligible for parole pursuant to section 114 of the Act, may in writing apply to the Board for the grant of parole and may make such written representations in support of the application as the prisoner thinks fit.

   (2) An application referred to in sub-rule (1)–

      (a)   shall be in Form 1 set out in the Second Schedule;

      (b)   shall be forwarded to the Board by the Officer-in-Charge; and

      (c)   shall state–

      (i)    the full name and age of the applicant;

      (ii)    the nature of the offence of which the applicant was sentenced to imprisonment;

15 (iii)    any other information on which the applicant relies in support of the application; and

   (3) The Officer-in-Charge shall furnish to the Board–

      (a)   a report on the eligibility for parole of the applicant in Form 2 set out in the Second Schedule;

      (b)   a case history of the applicant;

      (c)   a copy of a report by a prison officer on the conduct of the applicant while in the prison;

      (d)   a copy of a report by an extension officer on the background, the suitability of the home circumstances and the employment record, if any, of the applicant; and

      (e)   a copy of a report containing an opinion by a psychiatrist or psychologist or such other person as may be designated by the Minister, as to whether the applicant is, at the time of the application, fit to be released on parole.

   (4) The Board shall, for the purposes of this rule if it thinks necessary, direct the appropriate reception and discharge committee to carry out investigation in relation to the application.

   (5) In sub-rule (4), “reception and discharge committee” means a reception and discharge committee referred to in subsection (2) of section 116B of the Act.

6.   Proceedings before Board

   (1) The Board shall, on receiving an application under Rule 5, notify the following persons of the receipt of the application and the day and time fixed for the hearing of the application:

      (a)   the prisoner to whom the application releases;

      (b)   the Officer-in-Charger;

      (c)   the Inspector-General of Police;

      (d)   if, in relation to an offence for which the prisoner was imprisoned, there is a known victim, the victim.

   (2) The Board shall not notify the victim if the victim has indicated to the Board that the victim does not wish to be notified.

   (3) For purposes of any proceedings under these Rules–

      (a)   the Officer-in-Charge, or any prison officer authorised by the Officer-in-Charge for the purpose, may make such submission to the Board in writing as the Officer-in-Charge thinks fit;

      (b)   the Inspector-General, or any police officer authorised by the Inspector-General for the purpose, ma make such submissions to the Board in writing as the Inspector-General thinks fit;

      (c)   the victim may make such submissions to the Board as the victim thinks fit in writing or, by prior arrangement with the Board, in person; and

      (d)   the person to whom the proceedings relate may make such submissions to the Board in writing as the person thinks fit.

   (4) The person to whom any proceedings before the Board relate is entitled to be represented in those proceedings by a legal practitioner.

   (5) Hearings by the Board shall be held in camera and if the Board sees fit, an applicant may be given permission to appear thereat.

   (6) The Board may, on written request, give details of the recommendations made by the Board to the Commissioner in any proceedings relating to a prisoner or parole to–

      (a)   a person who made submissions to the Board in the proceedings;

      (b)   a member of the prisoner’s or parole’s family or a close associate of the prisoner or parole;

      (c)   a legal practitioner who represents the prisoner or parole; or

      (d)   any other person who the Board thinks has a proper interest in the release of such information.

7.   Factors to be considered in determining application for parole

   (1) The paramount consideration of the Board when determining an application made under Rule 5 for the release of a prisoner on parole shall be the safety of the community.

   (2) The Board shall, for the purpose of deciding whether or not to recommend the release of an applicant on parole take into account the following matters:

      (a)   the nature and circumstances of the offence for which the applicant was sentenced to imprisonment;

      (b)   any relevant remarks, if any make by the court at the time of passing sentence;

      (c)   the likelihood of the prisoner complying with the conditions of parole;

      (d)   the circumstances and gravity of the offence, or offences for which the prisoner was sentenced to imprisonment;

      (e)   if, in relation to an offence for which the prisoner was imprisoned , there is a victim, the impact that the release of the prisoner on parole is likely to have on the victim and the victim’s family;

      (f)   the behaviour of the prisoner while in prison;

      (g)   the behaviour of the prisoner during any previous release on parole;

      (h)   any report tendered to the Board–

      (i)    on the social background, or the medical, psychological or psychiatrist conditions of the prisoner; and

      (ii)    from an extension officer;

      (i)   the probable circumstances of the prisoner after release from prison; and

      (j)   any other matters that the Board thinks relevant.

   (3) The Board shall, upon considering an application under this rule, recommend to the Commissioner, in Form 3 set out in the Second Schedule, that the applicant be released from prison on parole if the Board is satisfied that–

      (a)   the applicant has derived maximum benefit from imprisonment and the applicant is, at the time of the application for parole, fit to be released from prison on parole;

      (b)   the reform and rehabilitation of the applicant will be aided by parole; and

      (c)   the grant of parole to the applicant will not, in the opinion of the Board, constitute a danger to society.

   (4) Where the Board recommends to the Commissioner that the applicant be released from prison to parole, the Board shall–

      (a)   recommend a day on which the applicant shall be released from prison on parole; and

      (b)   within seven days of the date of such recommendation give written notice of the recommendation to–

      (i)    the applicant;

      (ii)    the Officer-in-Charge; and

      (iii)    the Commissioner.

   (5) The Commissioner may, on receiving the Board’s recommendations under sub-rule (3), order that the prisoner be released from prison on parole on a day and for a period specified in the order, being not more than six months before the prisoner’s term of imprisonment is due to expire.

   (6) If the Board is not satisfied concerning the matter referred to in paragraphs (a), (b) and (c) of sub-rule (3), the Board shall recommend to the Commissioner, in Form 3 set out in the Second Schedule, that the application by a prisoner for release on parole be refused and shall state the reasons for the refusal.

   (7) The Commissioner shall, on receiving a recommendation to refuse an application under sub-rule (6), within seven days of receiving the recommendation notify the prisoner in Form 4 set out in the Second Schedule of–

      (a)   the refusal of the application; and

      (b)   the reasons for such refusal.

8.   Expert advice

In considering a matter, the Board may seek the advice or opinion of an expert on the matter.

9.   Release on parole

   (1) Subject to the provisions of these Rules, the Commissioner may, on receiving the Board’s recommendation under sub-rule (3) of rule 7, order that the prisoner be released from prison on parole on a day and for the period specified in the order.

   (2) A parole order referred to in sub-rule(1) shall be in Form 5 set out in the Second Schedule and shall–

      (a)   have effect for the parole period which shall be specified therein;

      (b)   be subject to the conditions specified under rule 10; and

      (c)   contain such requirements as the Board with the approval of the Commissioner considers necessary–

      (i)    for securing the supervision of the parole; and

      (ii)    for securing the reform and rehabilitation of the parolee.

10.   Conditions of release on parole

   (1) The release of a prisoner on parole shall be subject to the conditions–

      (a)   that the prisoner–

      (i) shall be under the supervision of an extension officer appointed in accordance with the parole order referred to in rule 9; and

      (ii) shall obey the reasonable directions of the extension officer;

until the expiration of the period of parole;

      (b)   that the prisoner shall not commit any offence;

      (c)   that the prisoner shall not possess and offensive weapon unless the prisoner has first obtained the permission of the Board to do so and complies with the terms and conditions of that permission; and

      (d)   may be subject to any other condition recommended by the Board and approved by the Commissioner.

   (2) If the prisoner was sentenced to imprisonment for a child sexual offence, the Board may recommend to the Commissioner the imprisonment of the following additional conditions on the release of the prisoner–

      (a)   a condition preventing the prisoner from loitering, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present or while children are present at the school, toilet or place;

      (b)   a condition preventing the prisoner from engaging in remunerative or voluntary work with children or at a place used for the education, care or recreation of children;

      (c)   a condition preventing the prisoner from providing or offering to provide accommodation to a child, whether or not the child is, or is not related to the prisoner by blood or marriage, if there is no other adult living with the prisoner and who can ensure the safety of the child.

   (3) Notwithstanding any other provision of these Rules, a prisoner shall not be released on parole unless the prisoner has accepted the conditions to which the parole will be subject.

11.   Duration of parole

   (1) A prisoner who is released on parole shall, unless the parole is suspended or revoked, remain on parole until the expiry of the term, or terms, of imprisonment to which the prisoner was sentenced.

   (2) On the expiry of the parole of a person pursuant to sub-rule (1), the sentence of imprisonment will, subject to these Rules, be taken to have been wholly satisfied.

12.   Effect of parole order

Where a parole order is made in relation to a prisoner–

      (a)   the prisoner shall be deemed to be still under a sentence of imprisonment, and not to have served the part of the imprisonment that remained to be served at the commencement of the parole period, until the parole period expires without the parole order being suspended or revoked; and

      (b)   if the parole period expires without the parole order being suspended or revoked, the prisoner shall be deemed to have served the part of the term of imprisonment that remained to be served at the commencement of the parole period and to have been discharge from prison.

13.   Variation or revocation of parole conditions

   (1) Where a person has been released on parole, the Board may, on the application of that person or of its own motion, recommend to the Commissioner that a condition to which the parole is subject be varied or revoked, and the Commissioner may, on receiving such a recommendation, order accordingly.

   (2) The Board shall not exercise its powers under this rule of its own motion in relation to a person released on parole unless–

      (a)   it has given reasonable notice of its intention to do so to that person and has considered any submissions made by the person on the matter; and

      (b)   it has obtained and considered are port from the extension officer supervising the person regarding the proposed variation or revocation.

14.   Arrest of parolee

   (1) Where the Board suspect on reasonable grounds that a person released on parole may have breached a condition of parole, the Board may summon the person to appear before the Board.

   (2) Where a person fails to attend before the Board in pursuance of a summons issued under sub-rule (1), the Board may apply to a court of competent jurisdiction for a warrant for the apprehension of the person, for the purpose of bringing the person before the Board.

   (3) A warrant issued under sub-rule (2) shall authorise the detention of the person in custody pending attendance before the Board.

   (4) A court shall, on application under this rule, issue a warrant for the arrest and return to prison of a person, unless it is apparent on the face of the case of the application that no reasonable grounds exist for the issue of the warrant.

   (5) If the court thinks good reason exists for doing so, the court may, by order, cancel a warrant issued pursuant to this rule that has not been executed.

15.   Suspension of parole

   (1) Subject to sub-rule (2), the Commissioner shall, on the recommendation of the Board, suspend parole in respect of a parolee for any period during which investigations are carried out for–

      (a)   an offence which the parolee is alleged to have committed while on parole; or

      (b)   any breach by the parolee of any condition of parole.

   (2) Where the Commissioner intends to suspend parole the Commissioner shall before issuing the order for the suspension of parole, within a reasonable time, give written notice of such intentions to–

      (a)   the parole in respect of whom an order for the suspension of parole is to be made;

      (b)   the extension officer supervising the parolee concerned; and

      (c)   the Officer-in-Charge; and

Shall require the parolee to return to the prison from which the parole was released on parole.

   (3) For the purposes of sub-rule (1), the Commissioner may cause to be carried out such investigations as the Commissioner considers necessary.

   (4) On the suspension of parole under this rule, the parolee may be arrested, without warrant, by a police officer and returned to prison.

   (5) The Order for suspension of parole under this rule shall be in Form 6 set out in the Second Schedule.

16.   Revocation of parole for breach of conditions

   (1) The Commissioner shall, on the recommendation of the Board , revoke parole, in Form 6 set out in the Second Schedule, in respect of a parolee if during the parole period the parolee is convicted on any offence.

   (2) If the Board is satisfied, following a parolee’s appearance before the Board pursuant to Rule 14, that the parolee has, while on parole, breached a condition of the parole, the Board may recommend to the Commissioner that the parolee’s parole be revoked and the Commissioner shall, on receiving such a recommendation, order accordingly.

   (3) A parolee is not in breach of a condition requiring the parolee to remain in the parolee’s residence if the parolee leaves the residence for the purpose of averting or minimising a serious risk of death or injury, either to the parolee or some other person.

   (4) Where the Commissioner makes an order under sub-rule (2) in respect of a person who is still on parole, the Commissioner shall order the person’s release on parole be revoked.

   (5) Where a parolee breaches a condition to which the release of the parolee is subject or commits an offence and is sentenced to imprisonment during the parole period, the parolee is liable to serve in prison the balance of the sentence of imprisonment in respect of which the parolee was on parole and which was remaining to be served on the date the parolee was released from prison on parole.

   (6) Sub-rule (4) applies notwithstanding that, at the time the breach is proved, the parole has expired.

17.   Recall of parolee in public interest

   (1) Where at any time during the parole period it appears to the Commissioner that the immediate recall of a parolee is necessary in the public interest the Commissioner shall, notwithstanding any other provision of these Rule, apply to court for a warrant for the arrest of such parolee who shall, upon such arrest, be returned to the prison from which the parolee was released on parole.

   (2) Where a parolee is arrested pursuant to sub-rule (1) the parole shall be revoked.

   (3) The revocation of parole referred to in sub-rule (2) shall be in Form 6 set out in the Second Schedule.

18.   Termination of parole

Parole shall be terminated in the following cases:

      (a)   upon the expiration of the parole period; or

      (b)   upon revocation under rule 16 or 17.

19.   Duties of extension officers in relation to parolees

In addition to the duties specified in section 116A of the Act, the duties of an extension officer are–

      (a)   to supervise persons released on parole as assigned by Commissioner;

      (b)   to prepare reports in Form 7 set out in the Second Schedule as required by the Board.

      (c)   to maintain case records and statistics as required by the Board;

      (d)   to carry out the direction of the Commissioner in relation to a parole order;

      (e)   to investigate and make reports to the Board on the employment and place of living available to each person applying for release on parole; and

      (f)   to perform such other duties as directed by the Commissioner or the Board.

FIRST SCHEDULE

[Rule 3]

ADMINISTRATION OF NATIONAL PAROLE BOARD

1.   Tenure of office and vacancy

   (1) Subject to the other provisions of this Schedule, a member of the Board, shall hold office for a period of three years form the date of appointment and may be re-appointed for a further period of three years.

   (2) Subject to the other provisions of this Schedule, a member shall, on the expiration of the period for which the member is appointed, continue to hold office until another member is appointed to succeed that member.

   (3) The office of a member becomes vacant–

      (a)   upon the member’s death;

      (b)   if the member is adjudged bankrupt;

      (c)   if the member is absent from three consecutive meetings of the Board of which the member has had notice, without the prior approval of the Board.

      (d)   upon the expiry of one month’s notice of the member’s intention to resign from office, given by the member in writing to the Board;

      (e)   if the member becomes mentally or physically incapable of performing the duties of a member of the Board; or

      (f)   if the member is convicted of an offence involving dishonesty or fraud under the Act or any other written law.

   (4) A member may resign from office by giving not less than one month’s notice in writing to the Minister.

   (5) The Minister shall, where the office of a member becomes vacant, appoint another member in place of the member who vacates office, and such member shall hold office for the remainder of the term.

2.   Proceedings of Board

   (1) Subject to the other provisions of this Act, the Board may regulate its own procedure.

   (2) The Board shall meet for the transaction of business as often as the Chairperson thinks necessary at such places and times as the Chairperson may determine.

   (3) A meeting of the Board shall be convened by the Chairperson or by the Secretary to the Board on the direction of the Chairperson, by notice in writing to the other members.

   (4) The quorum at a meeting of the Board shall be half of the member of the Board.

   (5) There shall preside at any meeting of the Board–

      (a)   the Chairperson;

      (b)   in the absence of the Chairperson, the Vice Chairperson; and

      (c)   in the absence of both the Chairperson and the Vice Chairperson, such member as the members present may elect form amongst themselves for the purpose of that meeting.

   (6) A decision of the Board on any question shall be by a majority of votes of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote.

   (7) Where a member referred to in paragraphs (c) to (i) of subsection (1) of section 113A of the Act is for any reason unable to attend any meeting of the Board, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person shall be considered to be a member for the purpose of that meeting.

   (8) The Board may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote.

   (9) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings.

   (10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and every meeting of any sub-Board established by the Board.

3.   Sub-committees of Board

   (1) The Board may, for the purpose of performing its functions under these Rules, constitute any sub-committee and delegate to any such sub-committee such of its functions as it thinks fit.

   (2) The Board may appoint as members of a sub-committee constituted under sub-paragraph (1), persons who are or are not members of the Board and such persons shall hold office for such period as the Board may determine.

   (3) A sub-committee of the Board may regulate its own procedure.

4.   Allowances of members

There shall be paid to members of the Board or any subcommittee of the Board such allowances as the Minster may determine.

5.   Disclosure of interest

   (1) A member or person who is present at a meeting of a Board or a sub-committee of the Board at which any matter, in which that person or any member of the person’s immediate family, is directly or indirectly interest in a private capacity, is the subject of consideration, shall, as soon as is practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board or the sub-committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to, that matter.

   (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

6.    Secretary to Board

   (1) The Minister may appoint an officer from the Ministry responsible for home affairs to be Secretary to the Board.

   (2) Subject to the directions of the Minister, the Secretary shall–

      (a)   provide secretarial services to the Board;

      (b)   record minutes of meetings of the Board;

      (c)   prepare the agenda of parole cases for each meeting of the Board;

      (d)   prepare parole orders and other documents as directed by the Board; and

      (e)   carry out such duties as directed by the Board or the Chairperson.

7.   Prohibition of publication of, or disclosure of information to unauthorised persons

   (1) A person shall not, without the consent in writing given by or on behalf of the Board, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, information relating to a prisoner or parolee being information obtained in the administration or enforcement of these Rule.

   (2) A person who contravenes sub-paragraph (1) commits an offence and is liable, upon conviction, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding six months, or to both.

   (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding six months, or to both.

8.   Reports by Board

The Board shall at the end of each year report to the Minister on–

      (a)   the number of prisoners released on parole during the previous year;

      (b)    the number of applications for parole during the previous year that were refused;

   by the Commissioner on the recommendation of the Board;

      (c)   the number of persons returned to prison in the previous year on suspension or revocation of parole, and the reasons for each such suspension or revocation;

      (d)   the work.

SECOND SCHEDULE

PRESCRIBED FORMS

[Rules 5, 7, 9, 15, 16, 17 and 19]

FORM 1

REPUBLIC OF ZAMBIA

PAROLE BOARD

THE PAROLE RULES, 2008

APPLICATION FOR PAROLE

[Rule 5 (2)(a)]

PRISONER’S PERSONAL DETAILS

Full names ………………………………………………………………………………….

Date of birth ………………………………………………………………………………...

Marital status ……………………………………………………………………………….

No. of children, if any ……………………………………………………………………....

Relationship to person looking after the children ………………………………………..

Age of prisoner on admission to prison ………………………………………………….

Offence committed ………………………………………………………………………..

Sentence ……………………………………………………………………………………

Date of sentence …………………………………………………………………………...

No. of previous convictions, if any ………………………………………………………..

Court by which prisoner was sentenced …………………………………………………

EPD …………………………………………………………………………………………

LPD …………………………………………………………………………………………

No of prison offences/Nature ………………………………………………………………

Remission forfeited in previous 12 months ……………………………………………......

Remission forfeited since admission to prison ……………………………………………

PAROLE APPLICATION

Reasons for making application for parole: ……………………………………………….....................

……………………………………………………………………………………………….......................

…………………………………………………………………………………………….......................…

EMPLOYMENT RECORD

Occupation before conviction ………………………………………………………………

Employer/Address …………………………………………………………………………...

Residential address before conviction ……………………………………………………..

Nature of employment in prison …………………………………………………………….

Intended work/employment outside prison ………………………………………………...

Capital self employment, e.g. money, tools, etc. ………………………………………….

Prospective employer/sponsor ……………………………………………………………..

Estimated earnings/profits ………………………………………………………………….

Training programmes/courses taken before and whilst in prison if any ………………....................................................................................................................

PRISON VISITS

Visits from individual/institutions in previous three months:

Name of visitors:

1. …………………………………………………………………………………………......

2. ……………………………………………………………………………………………..

3. …………………………………………………………………………………………......

4. ……………………………………………………………………………………………..

5. ……………………………………………………………………………………………..

FAMILY BACKGROUND

INFORMATION ABOUT SPOUSE

Full names …………………………………………………………………………………..

Nationality …………………………………………………………………………………....

Date of marriage …………………………………………………………………………….

Residential address …………………………………………………………………………

Occupation …………………………………………………………………………………..

INFORMATION ABOUT PARENTS

Father’s full name: ………………………… Mother’s full name …………………………...

Age ………………………………………… Age………………………………………

Nationality ………………………………… Nationality …………………………………

Residential Address ……………………….. Residential address ………………………..

Occupation ………………………………… Occupation ……………………………….

MEDICAL HISTORY

Physical disabilities, if any:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Other disabilities, if any (specify)

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Extension officer’s report on prisoner’s conduct in last 6 months:

………………………………………………………………………………………………………………………………………………………………………………………………

Remorsefulness of applicant towards offence

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

FOR OFFICIAL USE

PAROLE BOARD DECISION

Parole Board’s findings and recommendation:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

………………………………

Chairperson

FORM 2

REPUBLIC OF ZAMBIA

PAROLE BOARD

THE PAROLE RULES, 2008

PRISONER’S ELIGIBILITY REPORT

[Rule 5 (3)(a)]

To :The Parole Board

From : The Officer-in-Charge

Date :

Ref : APPLICATION FOR PAROLE BY PRISONER

I wish to confirm to the Parole Board the following:

      (a)   That prisoner ………………………….. No. ………………………. was sentenced to prison on the ……………………….. by the ………………………………….. Court on a charge of…………………………………………….and sentenced to ……………………………………………..… of which the prisoner has served that portion of the prisoner’s sentence as stipulated under Section 114A of the Prisons Act, Cap.107.

      (b)   That this case is put forward for your hearing and consideration because the prisoner has applied for parole by completing the necessary application form.

      (c)   That the report and information as required under rule 5(3) is annexed to this form.

      (d)   That the name of this prisoner and the necessary notice was given to all concerned as required under Rule 6(1).

Therefore, the prisoner, whose name is contained herein and on the application form hereby attached, is eligible for a hearing of this Parole Board at its next and upcoming meeting.

……………………………..

Officer-in-Charge

FORM 3

REPUBLIC OF ZAMBIA

PAROLE BOARD

THE PAROLE RULES, 2008

RECOMMENDATION BY THE PAROLE BOARD

[Rule 7 (3) and (6)]

To :The Commissioner

From : The Parole Board

Ref : (PRISONER’S NAME)

Date of birth of prisoner …………………………………………………………………

Having considered the application of the foregoing prisoner, together with such information gathered from

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

The Parole Board hereby recommends, in accordance with rule 7 of the Parole Rules as follows:

      (a)   That you order the release of the foregoing prisoner on Parole having qualified for Parole subject to the standard terms and conditions and those we hereby recommend as attached.

      (b)   That the application for release on parole by the foregoing prisoner be denied.

The reasons for our recommendation are as follows:

1.

2.

3.

4.

5.

6.

Dated this …………………………….. day of ………………………………….. 20………..

For and on behalf of the PAROLE BOARD

……………………………………

Chairperson

..............................................................................................................................

Recommendations sent to the Commissioner on:

................................................................................................................................

Signed:………………………………

Office –in-Charge

FORM 4

REPUBLIC OF ZAMBIA

PAROLE BOARD

THE PAROLE RULES, 2008

DENYING REQUEST FOR RELEASE ON PAROLE

[Rule 7(7)]

To :The Officer-in-Charge

From : The attention of Prisoner…………………………………………………..

Date : ............................................

RE: APPLICATION FOR PAROLE

Your application for parole was considered by the Parole Board and the necessary recommendation was forwarded to me. On this occasion I regret to inform you that the application for parole was not successful for the following reasons ………………………......................................................................................................................................................................................................................................................

………………………………………..

Commissioner of Prisons

FORM 5

REPUBLIC OF ZAMBIA

NATIONAL PAROLE BOARD

THE PAROLE RULES, 2008

ORDER FOR RELEASE ON PAROLE

[Rule 9(2)]

The Commissioner of Prisons, in exercise of the powers contained in section 114 of the Prisons Act, Cap. 97, does by this Order authorise …………………………… being a prisoner who on the ……………… day of ……………….. 20… was found guilty of the offence of …………………….. by the ……………………… Court held at ……………………………. and was sentenced to imprisonment for a term of ………………………….. and who is now serving sentence in Prison at ……………………….. to be released from prison on parole from the ……………. day of …………………….. 20… on condition that the parole is placed under the care, supervision and authority of ………………………………. until the expiration of the sentence on the ……………….. day of …………………… unless the Commissioner sooner suspends or revokes this order.

This Order is granted subject to the conditions endorsed hereon. The Commissioner may revoke this Order at any time for reasons including the breach of the conditions on which the parole is granted.

………………………………….

Commissioner of Prisons

CONDITIONS OF RELEASE ON PAROLE

1.    On release from prison, you will travel directly to your place of residence, as authorised by the Parole Board respecting you, and report to the extension officer immediately and thereafter as instructed by the extension officer; You will obey and carry out all lawful instructions given to you by the extension officer during the parole period.

2.   You will remain at all times in Zambia within the boundaries fixed by the Board;

3.   You will obey the law and keep the peace; You will not commit any offence during the parole period;

4.   You will inform the extension officer immediately on arrest or on being questioned by the police;

5.   You will at all times carry the parole order and the identity card provided by the Commissioner of Prisons and produce them on request for identification to any law enforcement officer or the extension officer;

6.   You will report to the police if and as instructed by the extension officer;

7.   You will inform the extension officer of your address of residence on release and thereafter report immediately to the extension officer–

      (a)   any change in your address of residence;

      (b)   any change in your normal occupation, including employment, vocational or educational training and volunteer work;

      (c)   any change in your domestic or financial situation and, on the request of your extension officer, any change in your family situation that you have knowledge of; and

      (d)   any change that may reasonably be expected to effect your ability to comply with the conditions of parole; and

7.   You will not own, possess or have control of any weapon, as defined in the Penal Code, Cap. 87, except as authorised by the Parole Board.

I ……………………………………………., (prisoner’s name), declare that I understand and will comply with the conditions of this parole order, which have been explained to me.

Signature………………………………

Parole

Date ……………………….20…

Dated at ……………………………… this ………………. day of ………………20…

This parolee was released from prison on parole on……………………………..20………

…………………………………….

Officer-in-Charge

…………………… Prison

FORM 6

REPUBLIC OF ZAMBIA

NATIONAL PAROLE BOARD

THE PAROLE RULES, 2008

SUSPENSION/REVOCATION OF PAROLE ORDER

[Rules 15(5), 16(1), 16(2) and 17(3)]

WHEREAS by Order dated the ………………………………………….. day of …………………………….. 20… you ………………………….. being a person under a sentence of imprisonment …………………….. in ……………….. the …………………….. Prison at ……………………………………….. were duly released from prison on parole to the care of ……………………………… for a period of ……………………… month and ……………. days until the expiration of your sentence on the ………………… day of ………………….. unless the Commissioner sooner suspended or revoked the Order, the Commissioner does hereby suspend/revoke the said Order from the date of this Order, and requires you the said ………………….. immediately to return to the Prison at …………………………………..

Given under my hand this ………………………. day of……………………………20…

…………………………………

Commissioner of Prisons

Note – A person failing to return to a prison on revocation of the parole order may be apprehended without warrant and taken to the Prison.

FORM 7

REPUBLIC OF ZAMBIA

NATIONAL PAROLE BOARD

THE PAROLE RULES, 2008

PAROLE SUSPENSION FORM

[Rule 19]

Name of Parolee …………………………………………………………………………….

Date of release ………………………………………………………………………………

Address of parolee ………………………………………………………………………….

DATE SUPERVISEDEXTENSION OFFICER’S COMMENTS

Name of Extension Officer …………………………………………………………………

Signature ……………………………………… Date ………………………………………

PRISONS RULES

[Section 146]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Rules

   Rule

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Manner of applying Rules

PART II
ADMINISTRATION

The Commissioner

   4.   Commissioner's inspections and reports on prisons

   5.   Enforcement of Rules

   6.   Commissioner's duties on visits

Prison Officers-General

   7.   Duty to report irregularities

   8.   Representations to Commissioner and Minister

   9.   Training of prison officers

Officer in Charge

   10.   Investigation of irregularities

   11.   Maintenance of records concerning prisoners

   12.   Safe custody of warrants

   13.   Inspection of prison

   14.   Prisoners to have facilities to appeal

   15.   Prisoners' complaints and applications

   16.   Special care for certain prisoners

   17.   Inspection of prisoners' meals

   18.   Duties to be carried out in proper manner

   19.   Interview of prisoners on admission and discharge

   20.   Search of prison

   21.   Muster

   22.   Injury to prison officer or prisoner

   23.   Notification of prisoner's illness to medical officer

   24.   Prison hospital and medical officer's recommendations

   25.   Notification of dangerous illness of prisoner to relatives

   26.   Notification of death of prisoner to Commissioner and next of kin

   27.   Report to Commissioner of persons mentally unsound

   28.   Visitors to view a prison

   29.   Maintenance of buildings and machinery

   30.   Prisoners' property

   31.   Requisitions on storekeeper

   32.   Absence from prison for a complete night

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