Intro to criminal law Content (C)

Question 1

Denote the composition and function of the prosecution

Answer 1

Composition: The Prosecution
Function:
i) charge / prosecute persons who offend the law
ii) adduce evidence in court to support a conviction of the offender

Question 2

Denote the function and Composition of the courts.

Answer 2

Composition:
Judges / Judicial Officers
Function:
i) pass a about whether or not a person is guilty/ innocent based on the evidence before them and the law.
ii) If guilty, they will proceed to give an approriate sentence. If innocent they will proceed to acquit the individual.

Question 3

Denote the composition and function of correctional facilities.

Answer 3

Composition: Zambia Correctional service police officers.
Function:
i) To punish and correct the behaviour of offenders.

Question 4

Denote the composition and function of welfare/ remidial services.

Answer 4

Composition:
The state/ The government.
Function:
i) To help the offender who has been released from prison to reintergrate into society.

Question 5

What criminal Jurisdiction vests in the Local Court. State the General Rule and the Exception to this rule.

Answer 5

GR: They can hear, try and determine any criminal charge in which the accused is charged with having wholly or partly committed the offence within the area of Jurisdiction of such court.

Exceptions:
I) cant hear cases in which death is alleged to have occured or in which the offence comitted is punishable by death.
2) They can’t impose fines that exceed 40 penalty units.
3) They can’t order probation or imprisonment for a term exceeding 2 years.
4) They can’t oder corporal punishment in excess of 12 strokes of the cane.

Question 6

What criminal Jurisdiction vests in the subordinate courts? State the general rule and the exception to this rule.

Answer 6

GR: The subordinate court can try any offence under the penal code or any other written law.
Exceptions:
I) The subordinate court is limited by the maximum prison sentence it can give.
A senior resident magistrate cannot impose a sentence that exceeds 9 years.

Question 7

What Criminal Jurisdiction vests in the High Court?

Answer 7

The High Court has unlimited and original jurisdiction in all criminal matters.

Question 8

What criminal juristiction vests in the Court of Appeal

Answer 8

The court of Appeal has the jurisdiction to hear all appeals from the high court.
This includes all criminal matters that are appealed to it.

Question 9

What criminal jurisdiction vests in the Supreme Court.

Answer 9

The Supreme Court has appellete jurisdiction to hear appeals from the Court of Appeal.

This includes criminal matters that are appealed to it from the court of Court of Appeal.

Question 10

Explain when Zambian courts can have jurisdiction over offences commited in other teritories. Also explain the exceptions to this rule.

Answer 10

GR:

i) If a citizen of Zambia commits and offence outside Zambia, that is considerd an offence in Zambia.
ii) If an offence is done partly in Zambia and partly outside Zambia.

Exceptions:
i) If a person has already been charged and punished outside Zambia, they will not be retried and punished when they come to Zambia.