TRANSFER OF CONVICTED PERSONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Transfer of Convicted Persons Act (Commencement) Order, 2002

Transfer of Convicted Persons (Prescribed Forms) (No. 2) Regulations, 2002

Transfer of Convicted Persons (Specified States) Order, 2002

Transfer of Convicted Persons (Designated Country) Order, 2008

TRANSFER OF CONVICTED PERSONS ACT (COMMENCEMENT) ORDER, 2002

[Section 1]

Arrangements of Paragaraphs

    Paragaraph

   1.   Title

   2.   Commencement of Act. No. 26 of 1998

SI 25 of 2002.

1. Title

This Order may be cited as the Transfer of Convicted Persons Act (Commencement) Order, 2002.

2. Commencement of Act. No. 26 of 1998

The Transfer of Convicted Persons Act, 1998, shall come into operation on the date of publication of this Order.

TRANSFER OF CONVICTED PERSONS (PRESCRIBED FORMS) (NO. 2) REGULATIONS, 2002

[Sections 4 and 15]

Arrangements of Regulations

Regulation

   1.   Title

   2.   Prescribed Forms

   3.   Revocation of Statutory Instrument No. 36 of 2002

SI 45 of 2002.

1. Title

These Regulations may be cited as the Transfer of Convicted Persons (Prescribed Forms) (No. 2) Regulations, 2002.

2. Prescribed Forms

The forms set out in the Schedule to these Regulations are prescribed for the purposes specified therein.

3. Revocation of Statutory Instrument No. 36 of 2002

The Transfer of Convicted Persons (Prescribed Forms) Regulations, 2002, are hereby revoked.

APPENDIX

[Regulation 2]

TRANSFER OF CONVICTED PERSONS ACT

FORM TCP 1

APPLICATION FOR TRANSFER OF CONVICTED PERSON

Address and Date ....................................
..............................................................
...............................................................

TO: The Minister of Legal Affairs

P.O. Box 50106

LUSAKA

ZAMBIA

I/We…………….. hereby make an application for the transfer of …………………..(convicted person) ………………… was convicted of the sentence of ………………………………..in a judgement dated…………………………………………….. and has been sentenced to prison for a period of………………………………Years. The sentence commenced on .……………………………………………and is up to……………………………………………..

The convicted person is serving the sentence at……………………………………………….prison.

The convicted person is a citizen of…………………………………………and wishes to be transferred to :…………………………………………..to serve the remainder of his/her sentence.

In addition I/we hereby attach a copy of the judgement.

Signature:……………………………………………………………

Address:…………………………………………….

…………………………………………………………..

Date:…………………………………………………

FORM TCP 2

TRANSFER OF CONVICTED PERSONS ACT

WARRANT TO TRANSFER CONVICTED PERSONS

{mprestriction ids="2,3,5"}

TO :……………………………………………………..

……………………………………………………………

……………………………………………………………

WHEREAS ………………………………………………………………………………………..(convicted person), was convicted of the offence of……………………………………………….and sentenced to a term of imprisonment of ……………………… years commencing on…………………and is serving at…………………………………………prison;

WHEREAS the convicted person wishes to be transferred to the Republic of Zambia to serve the remainder of his/her sentence in accordance with the provisions of section 4 of the Transfer of Convicted Persons Act; and

WHEREAS I have authorised that the convicted person be so transferred;

NOW THEREFORE you are commanded to cause the convicted person to be transferred by………………………………….. (state form of transportation) to the Republic of Zambia to serve the remainder of his/her sentence.

AND FOR DOING SO THIS SHALL BE YOUR WARRANT

Issued at…………………………………………this…………………………………day of………………….20…

NOTE

One copy of this warrant is to be retained by the Commissioner.

TRANSFER OF CONVICTED PERSONS (SPECIFIED STATES) ORDER, 2002

[Section 3]

Arrangements of Paragraphs

Paragraph

   1.   Title

   2.   Specified States

      SCHEDULE

SI 73 of 2002.

1. Title

This Order may be cited as the Transfer of Convicted Persons (Specified States) Order, 2002.

2. Specified States

The Commonwealth States set out in the Schedule to this Order are specified countries for the purposes of the Act.

SCHEDULE

[Paragraph 2]

SPECIFIED STATES