Criminal Procedure Code
227.
Section 33 (1) of the Criminal Procedure Code states that a suspect must
be taken before a competent court within 24 hours of his arrest. If the
matter is not of a serious nature, such a person should be released on
police bond. This measure ensures that a suspect is brought before a
competent Court within reasonable time.
The provision applies to all
suspects without distinction.
228.
In terms of Section 204, an accused person can elect to remain silent. In
this event, a plea of “not guilty” will be entered by the Court.
229.
Section 277 of the Criminal Procedure Code provides for special pleas in
bar –
“(1)
Any accused person against whom an information is filed may plead (a)
that he has been previously convicted or acquitted, as the case
may be, of the same offence; or
(b)
that he has been granted a pardon for his offence.
(2)
If either of such pleas are pleaded in any case and denied to be true in
fact, the court shall try whether such plea is true in fact or not.
(3)
If the court holds that the facts alleged by the accused do not prove the
plea, or if it finds that it is false in fact, the accused shall be required to plead to
the information.”
B.
JUDICIAL MEASURES
230.
In the case of Dean Namulya Mun’gomba Vs Attorney-General
1997/HP/2617 the appellant then President of Zambia Democratic
Congress (ZDC), an opposition party, was arrested and detained under
emergency regulations following the abortive coup d e’tat of 28 October,
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