Criminal Defence Lawyers in Lusaka
Confidential advice from the first police call to trial and appeal, for people under investigation and their families.
The first hours matter
A police call, an arrest or a summons is frightening, and the decisions made in the first hours can shape the whole case. What you say in a statement, whether you are released, and how the charge is framed all matter long before anyone reaches a courtroom.
From our office in Lusaka, we advise people under investigation, accused persons and their families, from the police station through trial and appeal. We also advise complainants and victims who need to understand the process. Everything you tell us is confidential: communications between a client and their lawyer are protected by legal professional privilege.
How we can help
- Advice during police investigations
- Advice at the police station stage
- Warn and caution statement advice
- Police bond and bail applications
- First appearance, plea and case preparation
- Trials in the Subordinate Court and High Court
- Appeals against conviction and sentence
- Advice for complainants and victims
How we handle a criminal matter
First contact
You, or a family member, tell us where the person is held, the police station, and what they are suspected of. We advise on the immediate steps.
Police station and statement
We advise before any warn and caution statement is given, so the person understands the allegation and what is being recorded. A statement can later be used as evidence at trial.
Release
We seek release on police bond or apply to the court for bail, and explain any conditions so they are kept.
First appearance and plea
We review the charge and the evidence disclosed, and advise on the plea before it is entered. Pleading guilty or not guilty is a serious decision that should never be rushed.
Preparation
We examine the prosecution’s case, identify and prepare defence witnesses, and test the lawfulness of how evidence was obtained.
Trial
We represent you in the Subordinate Court or the High Court, cross-examine prosecution witnesses and present your defence.
After the verdict
We advise on sentence, and on whether there are grounds to appeal against conviction or sentence. Appeal deadlines are strict.
The law that applies to criminal cases in Zambia
Penal Code (Cap. 87)
Defines most criminal offences in Zambia, the elements the prosecution must prove, and the penalties that may follow on conviction.
Criminal Procedure Code (Cap. 88)
Sets out how criminal cases are run: arrest, release, bail, charges, plea, trial and appeals. Recent amendments have extended the list of offences for which bail is not available, so the current position should be checked for each charge.
Constitution of Zambia, Article 13 (protection of right to personal liberty)
A person who is arrested or detained must be told the reasons as soon as reasonably practicable, in a language they understand. A person held on suspicion of an offence and not released must be brought before a court without undue delay.
Constitution of Zambia, Article 18 (provisions to secure protection of law)
A person charged with a criminal offence is entitled to a fair hearing within a reasonable time by an independent and impartial court, is presumed innocent until proved or pleading guilty, must be told the nature of the charge, and must have adequate time and facilities to prepare a defence. They may defend themselves or be represented by a lawyer of their choice, may examine prosecution witnesses, and cannot be compelled to give evidence at their own trial.
Who we help
Individuals
People facing investigation or charge who need representation and clear advice.
Businesses
Companies and their officers facing regulatory or criminal proceedings.
Families
Relatives seeking to understand a process and secure proper representation.
We advise clients on criminal litigation from our Lusaka office and across all ten provinces of Zambia.
What to bring to your first consultation
- The name of the police station and, if known, the investigating officer
- Any call-out, summons, charge sheet or court document received
- Bond or bail papers, including the conditions and the next reporting or court date
- A copy of any statement given to the police, or your note of what was said
- Names and contact details of possible witnesses
- Documents, messages or records that relate to the allegation
- For complainants: the police report reference and any medical or other records relating to the incident
Points to consider
If you have been arrested or a family member is in custody
Stay calm and be polite with the police. Ask to contact a lawyer before giving a warn and caution statement, and note the name of the police station, the time of arrest and the officers involved. A person who is arrested must be told why, and a person held on suspicion of an offence must be brought before a court without undue delay. Call us with those details and we will advise on the next step.
Bail is not available for every offence
For most offences, the police can grant police bond or the court can grant bail on conditions. For some serious offences, bail is not available, and that list has recently been extended. Whether release is possible depends on the exact charge, so get advice on the charge itself before assuming either way.
A statement cannot be taken back
A warn and caution statement is recorded and may be produced at trial. Taking advice first does not mean refusing to cooperate; it means understanding the allegation before you respond to it.
Victims and complainants have a role too
Prosecutions are usually brought by the State, not the person who reported the offence. A complainant can still take advice on giving a statement, following the progress of the case, safety concerns and any related civil claim.
Related practice areas
Criminal law questions
The police may ask you to give a warn and caution statement, and what you say can later be used in evidence. You can ask to speak to a lawyer before you give one. We will explain what the allegation is and help you decide how to respond.
Police bond is release by the police while the investigation continues, usually with conditions such as reporting back. Bail is release granted by a court once a person has been charged and appears before it. Both carry conditions, and breaking them can lead to re-arrest.
The Constitution requires that a person arrested on suspicion of an offence, who is not released, be brought before a court without undue delay. If a relative has been held and you are concerned about how long it has been, contact us with the name of the police station and the time of arrest.
Most criminal cases begin in the Subordinate Court. Some serious offences, such as murder and treason, are tried in the High Court. We will explain the likely route once we have seen the charge.
Yes, a conviction or sentence can be appealed to a higher court, and the route depends on the court that heard the case. Time limits for appealing are strict, so contact us as soon as possible after judgment.
Yes. Communications between a client and their lawyer are protected by legal professional privilege. You can speak openly with us about what happened so we can advise you properly.
Someone in custody or under investigation?
Call us with the name of the police station, the time of arrest and what is alleged. Everything you tell us is confidential.