NON BAILABLE OFFENCES IN ZAMBIA PURSUANT TO SECTION 123 OF THE CRIMINAL PROCEDURE CODE AS AMENDED BY THE CRIMINAL PROCEDURE CODE (AMENDMENT) ACT, 2026

Any person charged with the underlisted offences shall not be granted bail by either a subordinate court, the High Court or Supreme Court or be released by any Police Officer.

1. Non-Bailable Offences prior to enactment of the Criminal Procedure Code (Amendment) Act, 2026 • Murder, treason or any other offence carrying a possible or mandatory capital penalty.

• Misprision of treason or treason-felony.

• Aggravated robbery.

• Theft of motor vehicle, if such person has previously been convicted of theft of motor vehicle.

• Stock theft, if the person has previously been convicted of the offence of stock theft.

NEW NON-BAILABLE OFFENCES AS PER THE CRIMINAL PROCEDURE CODE (AMENDMENT) ACT, 2026

2. Sexual Offences

• Defilement.

• Rape.

• Incest.

3. Theft Related Offences (Specific Categories)

• Stock theft (note that previously this offence had a qualifier which has now been removed).

• medicine, allied substances or medical supplies.

• coltan, copper, diamond or gold.

• a railway.

• traffic signs.

• navigation marks.

• an aircraft, vertical signalisation installations and terminal buildings with associated facilities and installations.

• a distribution system or transmission system.

4. Offences Involving Critical Infrastructure: intentionally destroying or damaging—

• a railway.

• an aerodrome.

• Aircraft.

• airport infrastructure.

• a road.

• a vessel.

• navigation mar.

• a distribution system.

• Transmission system.