Immigration Control and Deportation Act 202. A person’s liberty can also be restricted under the Immigration Control and Deportation Act Chapter 123. Section 25 of the Act gives the Immigration Department the power to detain any person who upon reasonable suspicion and grounds is a prohibited immigrant for a period not exceeding 14 days. 203. Section 26 of the Act, further authorizes the Immigration department to detain and deport from Zambia, any person who is a holder of a valid temporary permit, who has committed a fundamental breach of peace. Mental Disorders Act 204. Under the Mental Disorders Act, Chapter 305 a person’s liberty can be deprived under the authority of a warrant or order of the Minister, a Judge or a Magistrate. Before an order is made a Magistrate must satisfy himself that the detained person is apparently mentally challenged and has become dangerous to himself or to others; or is wandering at large and is unable to take care of himself. Conditions that Apply to Persons Deprived of their Liberty 205. Article 18 (1) of the Constitution is instructive on the conditions that apply to persons deprived of their liberty. (See Chapter 14). The practice on the ground is that when an individual is arrested, his rights will be explained and the offence read out to him by the arresting officer. Further, Section 33 (1) of the Criminal Procedure Code obliges the arresting officer to present an accused person within 24 hours to Court. However, it is difficult to ensure the 24 hour time limit because of logistical problems 93

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