Section 204 of the Criminal Procedure Code 1 provides that the charge or

complaint be stated to the accused person by the court, and the accused person
shall be asked whether he admits or denies the charge, this paper aims to provide a
definitive summary or proceeding in the subordinate court when a Plea is taken and
the outcome in both scenarios. It will begin by outlining the procedure from plea of
NOT GUILTY to sentence and will go on to outline the procedure from Plea of
GUILTY to sentence.

PLEA OF NOT GUILTY

When a plea of Not Guilty is entered, the onus of proving the offence rests on the
prosecution. All facts of the indictment are to be admitted, even where the accused
accepts parts of the charge. A plea of not guilty is strictly a denial of all the charge(s)
as a whole. A plea of not guilty is entered if the accused does not admit the charge, if
the accused person refuses to plead 2 or in a situation where the accused person
raises a defence.

The prosecution is tasked with bringing before the court all evidence gathered.
Before the prosecution beings witnesses and evidence before the court, it may open
its case with a statement briefly summarizing the facts it proposes to prove.
However, this is optional. After the opening statement has been made the
prosecution goes on to call its witnesses. The prosecutions witnesses are examined
on oath after which the witness is subjected to a cross examinations and further re-
examined by the prosecution.

When all the prosecution witnesses have given their evidence, the state closes its
case at this stage the court must consider from the facts and evidence given by the
prosecution whether there is a case to answer. At this stage the court has discretion
as stated in Section 213 of the Criminal Procedure Code 3 to amend or substitute
or add a new charge and the accused person is asked to take a Plea to the altered
charge.

1
Criminal procedure Code Cap 88 of the Laws of Zambia
2
Section 204(2)(3) , Criminal Procedure Code
3
ibid
If the court believes that there is no case for the accused to answer the accused
person is acquitted as provided in Section 206 of the criminal procedure code 4
and the rationale of the acquittal outlined to the prosecution.

If a prima facie case has been established for the accused to answer 5 the court
again explains the substance of the charge and is the put on defence. The accused
persons defence could either be given on oath and will be subjected to cross-
examination or make a statement not on oath. And shall be asked whether he has
witnesses or other evidence to adduce in his defence.

After the accused person gives their defence and both parties close their case. The
court then prepares judgement with respect to the facts and evidence given by both
parties. The court either find the accused guilty or acquit them.

If the accused is found guilty and a conviction is ordered the court looks into the
antecedents of the accused, these may include previous convictions and the
character of the accused. Before sentence is passed the court may seek evidence
for arriving at proper sentence 6 this is also known as mitigation and after the court is
informed sentence is passed. And the accused is informed of their right to appeal 7

PLEA OF GUILTY

The court records a plea of GUILTY, if the accused person gives an unequivocal
plea of guilty to the charge. The prosecution then reads out the statement of facts,
the court then asks the accused person if all facts are true and correct, a guilty plea
is recorded not merely by the accused pleading guilty, but an essential factor is the
accused person admitting all the facts.

In this instance no witnesses are called in that proving the case is not required when
the accused person readily admits the charge. The court will ask the accused
questions to establish whether the accused person may have a reasonable defence
as to the elements of an offence.

Where the accused person does not agree with the facts given by the prosecution
the court amends the plea to a plea of not guilty.

4
ibid
5
Section 207, Criminal Procedure Code
6
Ibid, s. 302
7
Ibid, s. 321(1)
If all facts of the indictment are agreed upon by the state and the accused person
and the court is satisfied with the accused person’s plea. The court proceeds to
sentence, the procedure after conviction is the same whether the accused pleaded
guilty or was found guilty after a trial.
BIBLIOGRAPHY
STATUTES

Criminal Procedure Code Cap 88 of the Laws of Zambia

© VINCENT DAKA

UNIVERSITY OF LUSAKA (LL.B)

WRITTEN 2021