When someone is arrested in Zambia, the first question for them and their family is usually whether they can be released while the case continues. There are two routes: police bond, granted by the police, and bail, granted by a court. Both are governed mainly by the Criminal Procedure Code (Cap. 88), which was amended in April 2026 to extend the list of offences for which bail is not available.
Police bond and court bail: the difference
Police bond is release by the police, usually before the person has appeared in court. Bail is release ordered by a court once the person is before it, at any stage of the proceedings. In both cases the person promises, in a written bond, to appear when required, and the bond can carry conditions. A person may also be released on their own recognizance, meaning a personal promise without sureties.
Who can grant police bond
Police bond is granted by the officer in charge of the police station where the person is held. Where someone has been arrested without a warrant for an offence that is not punishable with death, the officer in charge may release them on a bond, with or without sureties, for a reasonable amount, to appear before a court at a time and place named in the bond.
The officer must inquire into the case and consider release where it is not practicable to bring the person before a court within twenty-four hours of being taken into custody. The officer can refuse bond if the offence appears to be of a serious nature, and a person who is kept in custody must be brought before a court. The officer can also release a person arrested on suspicion if the police inquiry does not disclose enough evidence to proceed.
Court bail
A person who is arrested, detained or brought before the Subordinate Court, the High Court or the Supreme Court may be admitted to bail at any time while in custody, or at any stage of the proceedings. The court must be satisfied that the surety or sureties offered are sufficient to secure the person’s appearance, or it may release the person on their own recognizance.
Conditions, sureties and deposits
Before release, a bail bond is signed by the accused person and any sureties, on condition that the accused attends at the time and place stated. The court or officer may add further conditions that are reasonable and necessary in the particular case.
The amount of bail must be fixed with regard to the circumstances of the case and must not be excessive. Instead of a bond, the court or police officer may accept a deposit of money or property, with the same conditions attached.
A surety promises that the accused person will appear. If the sureties accepted turn out to be insufficient, the court can order the person to provide sufficient sureties. A surety who no longer wants to stand can apply to a magistrate to be discharged from the bond.
Offences where bail is not available
Law cited
Criminal Procedure Code (Cap. 88), section 33: an officer in charge of a police station may release a person arrested without a warrant for an offence not punishable with death on a bond, and must consider doing so where the person cannot be brought before a court within twenty-four hours.
Section 123, as amended by Act No. 4 of 2026: sets out the offences for which no court or police officer may grant bail.
The Criminal Procedure Code lists offences for which neither a court nor a police officer may release the accused on bail. As amended, the list covers:
- murder, treason or any other offence carrying a possible or mandatory death penalty
- misprision of treason or treason-felony
- aggravated robbery
- theft of a motor vehicle, where the person has a previous conviction for theft of a motor vehicle
- stock theft
- defilement, rape and incest
- stealing certain items, including medicine, medical supplies and allied substances; coltan, copper, diamond or gold; railway property, traffic signs and navigation marks; aircraft and airport facilities; and electricity distribution or transmission systems
- intentionally destroying or damaging a railway, an aerodrome, aircraft or airport infrastructure, a road, a vessel or navigation mark, or a distribution or transmission system
The additions for stock theft, sexual offences, strategic materials and infrastructure were made by the Criminal Procedure Code (Amendment) Act No. 4 of 2026, which came into force on 8 April 2026. In April 2026 a petition challenging the new restrictions for sexual offences was reported to have been filed in the High Court. Other Acts may also affect bail for particular offences, so whether release is possible always depends on the exact charge.
If bond or bail is refused
If police bond is refused, the person must be brought before a court, where an application for bail can be made. Where the charge is one of the offences listed above, bail is not available while that charge stands. Because the decision turns on the exact charge and the circumstances, take legal advice as early as possible.
Breaking the conditions
Bond and bail conditions must be kept. If the accused fails to appear or breaks a condition, the court can issue a warrant for their arrest, and the amount promised in the bond, or any deposit, is at risk. Sureties should understand that they are taking on a real responsibility.
What to bring
If a family member has been arrested, note the police station, the time of arrest and the name of the investigating officer if you know it. Possible sureties should bring their national registration card or passport and be ready to give their address and contact details. Keep a copy of any bond or bail papers, including the conditions and the next reporting or court date.
Frequently asked questions
What is the difference between police bond and bail?
Police bond is release granted by the officer in charge of a police station, usually before the first court appearance. Bail is release ordered by a court once the accused is before it.
Is police bond free?
The Criminal Procedure Code does not provide for a fee for release on police bond. A bond is a promise to pay a stated amount if the conditions are broken, and a deposit of money or property can be accepted instead.
Which offences are not bailable in Zambia?
Offences carrying a possible or mandatory death penalty, treason-related offences, aggravated robbery, repeat motor vehicle theft, stock theft, defilement, rape, incest, and the theft of or damage to certain strategic materials and infrastructure listed in the Criminal Procedure Code.
What does a surety have to do?
A surety promises that the accused will attend court or the police when required. If the accused does not attend, the surety’s bond is at risk. A surety can apply to a magistrate to be discharged from the bond.
