In Zambia, bail is a security mechanism that allows a person accused of a crime to be released from custody while awaiting trial. When a court or police officer orders bail, the accused person (and usually one or more sureties or guarantors) must execute a bail bond, which is a formal written agreement binding them to pay a specified sum of money to the court [Criminal Procedure Code Act, S.125]. Once the bail bond is properly executed, the person must be released immediately. If the person is in prison, the court issues a release order to the prison officer, who must then let them go [Criminal Procedure Code Act, S.125].
However, bail is not available for the most serious crimes. A person charged with murder, treason, certain treasonable offences, or aggravated robbery cannot be granted bail by any court or released by police, regardless of the circumstances. Additionally, someone previously convicted of motor vehicle theft cannot be granted bail if charged with the same offence again. These restrictions apply across all court levels in Zambia.
The purpose of bail is to ensure the accused person's appearance in court and to prevent them from leaving the country or removing their property to avoid paying any judgment that may be made against them. The court sets the bail amount based on the seriousness of the case and the defendant's circumstances. The defendant may also be released on their own recognizance (personal promise) if the court thinks this is appropriate, without requiring sureties or a deposit [Criminal Procedure Code Act, S.4].