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LEGAL ADVISOR
KNOW YOUR RIGHTS
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NUMBER 30                                     AUGUST, 2001

Rights Of Prisoners

Continued From Last Issue

(2) A juvenile shall not be removed under this section to a reformatory if the unexpired period of the term of his imprisonment is less than nine months.

(3) Where a juvenile is removed under this section to a reformatory, he shall thereafter be treated as if he had been ordered to be detained in a reformatory and sections ninety-eight to one hundred and seven of the juveniles Act shall apply accordingly in relation to the juvenile except that his liability to be detained under section one hundred and two of that Act shall continue until the expiration of his term of imprisonment and shall then determine.

(4) An order made by the minister under subsection (1) shall be sufficient authority for the reception and detention of the juvenile named therein in a reformatory and shall, for the purposes of the aforesaid sections of the juveniles Act, be deemed to be a Reformatory order made under that Act.

Productions of prisons in court

64 (1) Where the attendance before the court of a person who is a prisoner is necessary for the purpose of giving evidence in any civil charge of the prison where the prisoner is serving a setence, requiring him to produce the prisoner at the time and the place specified in the order, and the officer in charge shall arrange for compliance with such order.

(2) The court before which any person is produced in accordance with an order issued in terms of subsection (1) may give such directions as to the costs of compliance with the order as the court may deem fit.

Prisoners under police escort

65 (1) Prisoners on remand or committed for trial, who are required to attend any court, may be taken for that purpose into police custody at the prison to which they have been committed and shall remain under police supervision and guard until returned to the prison or discharged by the court.

(2) Where on the removal of any prisoner from any prison the number of prison officers is insufficient to provide escort for such prisoner, the officer in charge of the prison from which the prisoner is to be removed may, with the general or special permission of the Commissioner of Police, deliver the prisoner to any police officer detailed for such duty.

(3) While a prisoner is in the custody of police officer in accordance with the provisions of this Act, he shall be deemed to be in lawful custody, and escape from the custody of the police officer shall be deemed to be escaped from lawful custody for the purposes of any law.

Statements to police officers

66. (1) Subject to the provisions of subsection (2), a police officer, with the approval of the officer in charge of a prison and on production of an order in writing from a police officer in charge of a police station or other police officer of or above the rank of sub-inspector, may, in the sight and hearing of a prison officer, interview within a prison any prisoner for purposes connected with the investigation of any offence whatsoever.

(2) If the officer in charge of a prison is satisfied that a prisoner is willing to be interviewed by police officers out of the sight and hearing of a prison officer, then the officer in charge may permit that prisoner to be interviewed by not less than two police officers within the prison and out of the sight and hearing of a prison officer.

Release of prisoners for investigations

67. An officer in charge may deliver a prisoner into police custody in the interests of justice or in connection with the investigation of crime on the production of an order in writing which shall, in the case of an unconvicted prisoner, be signed by a police officer in charge of a police station or a police officer of or above the rank of Sub-Inspector, and, in the case of a convicted prisoner, by police officer of or above the rank of Chief Inspector.

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The Legal Resouces Foundation of Zambia is a non-profit making Foundation, providing legal aid, promoting human rights and litigating in the public interest. It fuctions in areas which directly affect the disadvantaged sectors of society in relation to violations of their fundamental rights and the enhancement of justice.
The Legal Resources Foundation NEWS is published by the LRF Woodgate House Second Floor Cairo Road, Lusaka Zambia. Tel: 260-1-221263, 260-1-221287, E-mail: lrf@zamnet.zm

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