on the same conditions as those applying to witnesses called by
the prosecution; and
(f)
shall be permitted to have without payment the assistance of an
interpreter if he cannot understand the language used at the
trial of the charge; and except with his own consent the trail
shall not take place in his absence unless he so conducts himself
as to render the continuance of the proceedings in his presence
impracticable and the court has ordered him to be removed and
the trial to proceed in his absence.
When a person is tried for any criminal offence, the accused person or any
person authorized by him in that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by law, be given within
a reasonable time after judgment a copy for the use of the accused person of
any record of the proceedings made by or on behalf of the court.
A person shall not be held to be guilty of a criminal offence on account of any
act or omission that did not, at the time it took place, constitute such an
offence, and a penalty shall not be imposed for any criminal offence that is
severer in degree or description than the maximum penalty that might have
been imposed for that offence at the time it was committed”.
(3)
(4)
225.
Constitutional Bail is created by Article 13 (3) of the Constitution which
states “Any person who is arrested or detained –
(a)
for the purpose of bringing him before a court in execution of an order
of a court; or
(b)
upon reasonable suspicion of his having committed or being about to
commit, a criminal offence under the law in force in Zambia;
and who is not released, shall be brought without undue delay before a court; and if any
person arrested or detained under paragraph (b) is not tried within a reasonable time,
then, without prejudice to any further proceedings that may be brought against him, he
shall be released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he appears at a
later date for trial or for proceedings preliminary to trial”
High Court Act
226.
Section 10 of the High Court Act, Chapter 27 enshrines into Court process,
the principles of common law which enunciate the principles of natural
justice.
These principles entail fair hearing before the Courts of law,
tribunals and quasi-judicial bodies.
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