Information Pack for British Prisoners in
Zimbabwe
Author
Date
British Embassy Harare
1 July 2015
UNCLASSIFIED
Contents
Introduction ........................................................................................................................... 4
Who can help? .................................................................................................................. 4
About the Embassy ........................................................................................................... 4
Who are the Consular Representatives? ........................................................................... 4
Contact Information ........................................................................................................... 4
First Steps............................................................................................................................. 5
Who will know I have been detained? ................................................................................ 5
What will my family be told? .............................................................................................. 5
What will the Consulate do? .............................................................................................. 5
Would I have a criminal record in the UK? ......................................................................... 6
How do my family and friends arrange a visit?................................................................... 6
How many visits am I allowed? .......................................................................................... 6
Visiting times are 9.00am – 3.00pm Monday to Sunday. Visits on a daily basis even at the
remand prison is not automatically allowed. And neither is that the case for a serving
prisoner. The Prison (General) Regulations S.I. 1 of 1996 provides that the number of
persons and frequency of visits to a prisoner is the prerogative of the Commissioner or
Officer in Charge. .............................................................................................................. 6
Consular visits ................................................................................................................... 6
What can visitors bring? .................................................................................................... 6
Prison conditions/services ..................................................................................................... 7
Arrival at police station ...................................................................................................... 7
Arrival at prison ................................................................................................................. 7
General prison conditions .................................................................................................. 7
How can I receive money? ................................................................................................ 8
Can I work or study in prison? ........................................................................................... 8
There is no formal schooling and no paid jobs although some prisoners may have to work
in prison farms as part of their sentence. ........................................................................... 8
Can I receive medical and dental treatment? ..................................................................... 8
Food and Diet .................................................................................................................... 8
Mail/Parcels ....................................................................................................................... 8
Can I make telephone calls? ............................................................................................. 8
Leisure and entertainment ................................................................................................. 8
Drugs ................................................................................................................................ 8
How can I make a complaint about mistreatment? ............................................................ 8
The Zimbabwe Judicial System ............................................................................................. 9
Is the system the same as the UK? ................................................................................... 9
What should happen when I am arrested? ........................................................................ 9
For how long can I be remanded in custody? .................................................................. 10
What happens when I am charged? ................................................................................ 10
What provision is there for bail?....................................................................................... 11
What kind of legal assistance is available ........................................................................ 11
What happens at the trial? ............................................................................................... 11
Sentences ....................................................................................................................... 11
How can appeals be made? ............................................................................................ 12
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What provision is there for reduction of sentence (remission) e.g. for good behaviour? ... 12
What provision is there for early release e.g. on parole? ................................................. 12
What provision is there for clemency or pardon? ............................................................. 12
What about any financial penalties? ................................................................................ 13
Is transfer to another prison within Zimbabwe possible? .................................................. 13
The Commissioner has the power and authority to do this in terms of Section 70 of the
Prisons Act. Transfers to punish an accuse ie removing the prisoner so that friends and
family cannot regularly and easily visit could be challenged through review proceedings
particularly where the prisoner has had no say or ability to make representations to the
Commissioner before transfer is affected. Is transfer to the UK a possibility? ................. 13
What are the procedures for release and deportation? .................................................... 13
Additional Information ......................................................................................................... 14
EG: Volunteer Workers: N/A ............................................................................................ 14
EG: Plea Bargaining: This would apply prior to a formal charge being presented to an
accused and is usually dealt with between the lawyer and the prosecutor’s office in terms
whereof, the lawyer on the basis of presented facts would appeal to the prosecuting
authority to consider reducing the charge from one level to a less serious level and that if
accepted a plea to the lesser charge would be given. The State is of course not bound to
accept the representations and the State cannot be compelled to go through this sort of
exercise which is discretionary. ....................................................................................... 14
Classification of Crime and Burden of Proof: ................................................................... 14
The different types of crime and related liability elements for such crimes and accepted
defences are reflected in what is commonly referred to in Zimbabwe as the Criminal Code
which is properly called The Criminal Law (Codification and Reform) Act Chapter 9:23. 14
This is a collection of established common law crimes such as: murder, assault, theft,
armed robbery, assault and so on which one would find in English common law. ............ 14
The rules of evidence and broad procedures of a criminal court in Zimbabwe would bear
substantive similarity to the English system. .................................................................... 14
There is a presumption of innocence in favour of an accused. ........................................ 14
The burden of proof for criminal liability purposes lies upon the State who must to prove
the commission of an offence beyond any reasonable doubt........................................... 14
Prisoners Abroad ................................................................................................................ 15
Glossary of Terms............................................................................................................... 16
Useful legal terms ............................................................................................................ 16
Key phrases – English into Zimbabwe ............................................................................. 16
Annexes .............................................................................................................................. 17
Disclaimer ........................................................................................................................... 18
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Introduction
Who can help?
The Foreign and Commonwealth Office (FCO):
The FCO is represented overseas by its Embassies and Consulates (High Commissions in
Commonwealth Countries). Both employ consular officers, and one of their duties is to
provide help and advice to any British National who gets into difficulty in a foreign country.
About the Embassy
We are impartial; we are not here to judge you. We aim to make sure that you are treated
properly and fairly in accordance with local regulations, and that you are treated no less
favourably than other prisoners.
We can answer questions about your welfare and about prison regulations but you must ask
your lawyer or the court about legal matters. The attached list of lawyers is provided by the
British Embassy for your convenience, but neither Her Majesty’s Government, nor any
official of the Consulate, take any responsibility for the competence or probity of any
firm/advocate on the list or for the consequence of any legal action initiated or advice given.
We cannot get you out of prison, pay fines or stand bail or interfere with local judicial
procedures to get you out of prison nor secure you an earlier trial date; we cannot
investigate a crime.
We have tried to make sure that the information in this booklet is accurate and up to date,
but the British Embassy cannot accept legal responsibility for any errors or omissions in the
information. If in doubt contact a lawyer.
Who are the Consular Representatives?
In Zimbabwe the consular representatives are:
Her Majesty’s Consul - Chris Brown
Consular Regional Operations Manager - Sarah Morris
Vice Consul - Perpetua Mukwamba
Consular Assistant - Tanya Van Buuren
Contact Information
3 Norfolk Road
Mount Pleasant
PO Box 4490
Harare
Tel: (0)4 8585 5200
Fax: (0)4 8585 5284
Website:
Email:
Consular Section Opening Hours:
Monday to Thursday: 08:00am – 12:00pm
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First Steps
Who will know I have been detained?
As soon as a British National is arrested and detained in Zimbabwe, the Zimbabwean authorities
should let the detainee contact the British Embassy in Harare. However we are very rarely informed
so it is essential that you try to find a way to inform the British Embassy as soon as possible after
your arrest. It is your right to do so.
What will my family be told?
For reasons of confidentiality we are not permitted to tell anyone that you have been detained or
what the charges are without your permission. However, should you wish to inform your family, we
can make contact with them if they are in Zimbabwe or, if they are in the UK, ask our colleagues in
the FCO in London to contact them. We can give your family or next of kin advice on prison
procedure, regulations, and how you are doing. We can also pass on any messages from you.
Should we hear about your arrest but are unsure if you would like consular assistance from the
British Embassy we may call your family before we can contact you.
What will the Consulate do?
Our role is primarily a welfare role. We cannot get you out of prison, pay fines, stand bail or interfere
in local judicial procedures to get you out of prison; we cannot secure preferential treatment for you
or investigate a crime.
We are impartial and will to judge you. We aim to make sure that you are treated properly and fairly
in accordance with Zimbabwean regulations, and that you are treated no less favourably than other
prisoners. We can answer questions about your welfare and about prison regulations but you must
ask your lawyer or the court about legal matters.
We aim to make contact with you within 24 hours of being notified of your arrest. In case they wish
to transfer any money to you, we can tell your next-of-kin how to transfer money through the FCO in
London. If relatives in the UK wish to send you money they can send it via:
Accounts Receivable
Foreign and Commonwealth Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX
We recommend that you use Recorded or Special Delivery.
Please ensure that you include a note briefly explaining who the money is for and why.
(Alternatively you may use the payment slip on next page.)
If you would like a receipt, please include a stamped self addressed envelope.
3) Please note that personal cheques can take up to 15 working days to process and clear
before we can advance funds. We do not accept Card payments, or cash sent in the post. If
you wish to pay by cash, you can take the money to our offices at Northgate House, Milton
Keynes but will need to telephone first to make an appointment.
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Please note: we can only advance funds to the person overseas, once your payment has
cleared in our account.
If you have British and Zimbabwean nationality and are imprisoned in Zimbabwe the British Consul
should be able to assist you formally, under international and Zimbabwe law.
Would I have a criminal record in the UK?
You should be aware that if you have been convicted for certain serious offences, such as
sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore
possible that information about this offence may appear if a Criminal Records Bureau
check were carried out by a prospective employer
Visits
How do my family and friends arrange a visit?
Inmates can receive visitors at pre-arranged visiting times but must give permission for the visitor to
come. Visitors are required to bring their Zimbabwean ID card or passport but will not be allowed to
bring anything else into the prison with them. If you are expecting someone to visit you from
overseas you should ask them to contact the Embassy before their visit so we can try to help their
visit go smoothly.
How many visits am I allowed?
Visiting times are 9.00am – 3.00pm Monday to Sunday. Visits on a daily basis even at the
remand prison are not automatically allowed. And neither is that the case for a serving
prisoner. The Prison (General) Regulations S.I. 1 of 1996 provides that the number of
persons and frequency of visits to a prisoner is the prerogative of the Commissioner or
Officer in Charge.
Priests and representatives from local church groups and non-government organisations visit the
prisons. If you would like to be visited please let the Embassy know and we can pass on your
request.
Consular visits
You will be called to the prison administration offices during a consular visit. Consular staff needs to
obtain permission from the Ministry of Foreign Affairs and the Prison Service before we can visit.
This can cause delays.
What can visitors bring?
Visitors are allowed to bring a selected range of items to the prison. All bags and parcels will be
searched before entry and authorities have the right to withhold items they deem to be
unacceptable. Visitors bringing food will be asked to taste the food before a prison guard.
Details of what is allowed vary according to each prison but as an example the list for Chikurubi
Maximum Security is as follows:
Powdered milk
Dovi (peanut butter)
Mazoe cordials
50g
375ml x 2
275ml
Every 2 weeks
Every 2 weeks
Every 2 weeks
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Grey socks
Shoes
Pre-cooked food
Sour/fresh milk
Fruit
Jersey (red and white stripped)
Vaseline
Towel
Laundry soap
Bathing soap
Toothpaste
Cigarettes
Cereal
1 pair
1 pair
1 day’s meal
2 x 50ml
7 items
1
100ml
medium sized
2 bars
2 bars
100ml
2 x 20
1 kg
Once
Once
Daily
Every 2 weeks
Every 2 weeks
Once
Every 2 weeks
Once
Every 2 weeks
Every 2 weeks
Every 2 weeks
Every 2 weeks
Every 2 weeks
Prison conditions/services
Prisoners can be expected to be confined to their cells between 15:30pm to 7:30am although if there
is a shortage of prison officers this time may be extended. There is generally a place and an allotted
time for exercise although the size of the exercise area and time allowed varies according to the
category of prison inmates are in. Inmates are kept in their own section of the prison and are not
able to mix with inmates who are in another section.
Arrival at police station
You should never sign anything you cannot read or understand. If you find yourself under
pressure to sign, insist on speaking to your lawyer.
Arrival at prison
If you are remanded in custody awaiting trial you should be held in a remand facility. There are no
separate remand facilities in existence. For instance in Harare there is the Harare Central Remand
Prison where most prisoners awaiting trial are detained. Unless there are security or other reasons
for the police to hold you in a more secure prison, a few remand prisoners (usually because of
perceived serious or sensitive political cases) may be held at Chikurubi Prison Complex. You should
be allowed visitors during your time on remand although there are restrictions on visiting times.
Friends and family should also be able to send you food. Embassy staff needs permission from the
Ministry of Foreign Affairs to visit remand facilities which can take a few days to obtain. You may be
required to wear prison clothes while on remand but can wear your own clothes for court
appearances.
General prison conditions
There are 55 prisons in Zimbabwe built to house approximately 18,000 inmates. Like many
countries, they are sometimes full to capacity resulting in a problem with overcrowding.
Factually there is massive overcrowding. The cells are manifestly overcrowded at remand
and convicted prisoner level. Most prison facilities are very basic. Whilst there are stipulated
minimum rights and expectations set out for prisons and prisoners set out in the Prison
(General) Regulations S/I 1 of 1996 which provides for basic bedding facilities etc those
regulations are not adhered to or complied with at all because Government does not have
the resources to comply with those minimum requirements. You sleep on the concrete floor
with a blanket of you are lucky and there is no separate toilet facility. Instead there is a squat
hole in the cell.
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Like elsewhere in Zimbabwe prisons often suffer from a shortage of water which means inmates are
not always able to shower regularly. There is no hot water for showers. Prisoners are allowed
laundry soap to be brought in for them and expected to wash their own clothes.
How can I receive money?
Any money will be handed over to the prison officials who will receipt the cash. There is no
opportunity to buy goods in prison. Should you require anything, you submit a request and
the prison wardens will make the purchase for you and keep a log of all expenditure against
your account.
Can I work or study in prison?
There is no formal schooling and no paid jobs although some prisoners may have to work in
prison farms as part of their sentence.
Can I receive medical and dental treatment?
Inmates needing medical attention may be initially assessed by a nurse and may then be referred to
a visiting doctor. Treatment outside of the prison clinic is rare. Like elsewhere in Zimbabwe prisons
suffer from a shortage of medication. If you fall ill or are unable to get the medication you need
please make sure the Embassy is informed.
Food and Diet
Prison meals are often inadequate. Inmates often have their meals supplemented by food parcels
brought in by relatives, friends or lawyers. All food parcels brought have to be tasted by the sender
in front of the prison guards before they can be given to the inmate.
Mail/Parcels
Letters and parcels are censored. There is a limited amount of books available in prison but inmates
can receive reading material from family members if they comply with censorship rules. Inmates are
not allowed to receive any mail which is political or security related. Only items on the list of
approved items can be sent in. If an inmate wishes to receive an item which is not on the approved
list they should apply to prison guards for prior approval.
Can I make telephone calls?
There are no phones for inmates to make outside calls. Mobile phones are not allowed in prisons.
Leisure and entertainment
There are no entertainment or leisure facilities.
Drugs
The Zimbabwe law does not permit drugs in prison.
How can I make a complaint about mistreatment?
You can report allegations of mistreatment to consular officials who can report the matter to
the relevant authorities but only with your consent. Consular officials cannot investigate the
allegations on your behalf.
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The Zimbabwe Judicial System
Is the system the same as the UK?
In short, no. Although on the face of it there are many similarities. For example, prisoners are
presumed innocent until proven guilty, they have a right to a legal representative, interpreter, fair trial
and appeal. However, there are fundamental differences. For example, there is no jury system and
judicial processes are not always correctly followed. Prisoners can remain in prison for long periods
of time without having been sentenced. At magistrates court level a magistrate sitting alone presides
over the trial and in exceptional cases may sit with one or more assessors. An appeal against
conviction and sentence may be noted to the High Court. In the High Court – where serious crimes
such as murder, treason and the like are heard - a single Judge with two assessors presides over
the trial. An appeal against conviction and sentence from the High Court lies to the Supreme Court
the latter of which is presided over by three (3) Judges sitting for purposes of the appeal.
What should happen when I am arrested?
For petty offences you may be asked to go to a police station to pay a deposit fine (also
called an admission of guilt fine). You are not arrested or formally charged but payment of
the fine amounts to an admission of guilt. Deposit fines for minor traffic infractions for
instance do not constitute a criminal record and the Z69J information is not posted to the
Criminal Record Bureau. Deposit fines are limited to a prescribed maximum e.g. $20.00 for
traffic matters and violations warranting a higher monetary penalty warrant appearance in
court. The police may also take your fingerprints for purposes of a trial matter but not for a
Z69J deposit fine. You should receive a receipt on an official Z69J Government pro-forma
and you will then be allowed to go. Again only cash will be accepted.
You may decline to pay a fine and you may insist on going to trial before a Magistrate.
Declining to pay should result in your receiving a Summons to appear in Court before a
Magistrate at a later date. There are often repeated delays in the matter coming to court.
If you decide to pay the deposit fine for reasons other than because you are genuinely
admitting guilt, and then change your mind, you should immediately arrange for a solicitor to
make representations to the Provincial Magistrate for the fine not to be confirmed.
Where it is felt that an offence is too serious to warrant summary disposition or disposition by
way of a deposit fine, you will be arrested and taken to a Police Station (with or without the
complainant/s and other witnesses) and placed in an office or a cell. You may be arrested
with or without a warrant depending on the circumstances (e.g if delay in arresting may
result in the offender escaping), but you should be told the nature and reason for your arrest
and shown the warrant if there is one. You may be handcuffed. You will be questioned and
statements recorded. You are entitled to ask your solicitor to be present without delay. You
should insist upon your solicitor being present prior to interrogation and making any
statements to the Police. The Embassy cannot pay legal fees on your behalf nor give a
guarantee to a solicitor that you will pay them.
You can also ask for the Embassy to be informed although some police stations are more
likely to call us than others. It is unlikely that you will be allowed to make a phone call from
the police station phone although if you have a mobile phone you may be able to use it. Any
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possessions you have with you will be taken and recorded and returned to you on your
release. The police are also likely to remove any sharp objects, belts and shoe laces.
If the Police then consider it appropriate, you will be charged, your fingerprints will be taken
and you may be photographed and invited to make a "warned and cautioned statement" in
answer to the allegations against you. You do not have to do so but the police and legal
system may draw a negative inference if you decline. You are not obliged to answer
questions put by the Police (if you do make a warned and cautioned statement to the Police
which does not reflect what you wanted to say because you felt intimidated, you should
report this to the Magistrate as soon as you appear in Court so that it goes on record).
It is imperative that you inform the Embassy and your lawyer of any assault or other
mistreatment by the Police, so that your complaint can be investigated and/or you can
immediately be examined by a doctor at the remand prison. Complaints made at a later
stage may carry less weight.
Unless you are granted Police bail, you may be held in Police custody for up to 48 hours
before being taken to a Magistrate.
In terms of Section 50 (1) of the Constitution an accused must:
(a) be informed of the reason for the arrest;
(b) be permitted without delay at the expense of the State to contact his/her
spouse/partner/relative or legal practitioner or anyone else of their choice and must
be informed of that right promptly.
- You must be treated humanely and with respect to inherent dignity
- You must be released unconditionally or on reasonable conditions pending a charge
or trial unless there are compelling reasons justifying a continued detention.
- You must be brought to court as soon as possible and in any event not later than 48
hours after the arrest took place whether or not the 48 hour period ends on a
Saturday, Sunday or public holiday
- If not brought to court within the 48 hour period must be released immediately unless
the detention has been earlier extended by a competent court.
- Your solicitor should be advised of the date and time that you would be taken to
Court.
For how long can I be remanded in custody?
Although your case should be heard as quickly as possible after you have been remanded.
There is no statutorily defined limitation to how long an accused can remain on remand for.
However, section 69 of the Constitution says that every person has a right to a fair and
public trial within a reasonable time before and independent and impartial court and that
every person has a right at their own expense to choose and be represented by a legal
practitioner (solicitor or barrister)
The appointment of pro deo legal representation is done in capital crime cases eg murder,
treason etc but not for rape, robbery, theft, assault etc cases.
What happens when I am charged?
If convicted it is possible to appeal both the verdict and the sentence. It is also possible to
appeal to the president for clemency or pardon. Passports being private property cannot be
confiscated meaning taken away by the State and not returned. They can be initially held by
the police for safe keeping purposes and may continue to be held by a Clerk of Court where
the retention of the passport is made a condition of bail - to prevent a flight risk - until such
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time as the trial is completed thereafter the passport must be handed back or collected by
the accused Presidential pardons are usually limited to serious cases with lengthy prison
sentences where there are special circumstances eg cancer or a life threatening illness
warranting the exercise of Presidential pardon/clemency.
What provision is there for bail?
Cash bail could come with conditions requiring you to report daily or weekly to a Police
station and/or to reside at a certain address pending your trial and not to speak to state
witnesses. If bail is refused you can appeal to the High Court.
If you fail to appear in Court on the date which you have been remanded to following the
grant of bail, you will have your cash bail forfeited to the State and a warrant will be issued
for your arrest. It is then unlikely that your will be granted further bail.
What kind of legal assistance is available
Consular staff cannot give legal advice, but they can provide you with a list of lawyers. You
can hire a lawyer for yourself at any time after your arrest; is included in this information
pack. If you hire a private lawyer she/he may ask for a cash advance on his/her estimated
legal fees before s/he will take your case on. The British Embassy cannot pay legal fees or
guarantee to a lawyer that you will pay them.
As in any country, some lawyers are better than others (paying a large fee does not guarantee that
you will get a good lawyer).
What happens at the trial?
Trial procedures in the High Court are largely the same as in the Magistrate's Court but the
High Court hears only the most serious criminal cases, mainly murders. You may be
represented in the High Court by your solicitor or a barrister engaged by him, as you prefer.
You will receive free legal representation if you are indicted in the High Court and if you
cannot afford your own solicitor. All proceedings are conducted in the English language and
interpreters are provided by the State where evidence is given in languages other than your
own. However, like in the magistrates court microphones rarely work which can make the
case difficult to hear. If you cannot understand proceedings you should let your lawyer
know.
Your trial will commence on a date mutually convenient to the Public Prosecutor and your
solicitor. Trials commence in both the Magistrates and High Courts with the charges being
read to you by the Prosecutor. Your plea in answer to the charges is recorded (i.e guilty or
not guilty.)
Sentences
Punishments, in the event of conviction, range from a caution, a fine, community service
suspended imprisonment, imprisonment with labour, life imprisonment to capital punishment.
An appeal against conviction and/or sentence is made to the High Court. The right to serve
your sentence in the United Kingdom is not available in Zimbabwe.
The death penalty may be imposed for murder and treason although is rarely used. Hanging
is the only method of execution that has been used in Zimbabwe. There is an automatic
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appeal to the Supreme Court in all death penalty cases. The President may grant a pardon
or commute a death sentence to life imprisonment or a fixed term of imprisonment. If you are
charged with a crime that may carry the death penalty you should talk to the Embassy about
assistance we may be able to give you.
How can appeals be made?
An appeal against conviction and sentence lies from a Magistrates court to the High Court
and ultimately up to the Supreme Court. Appeals from the High Court lie to the Supreme
Court. There are specified time limits within which to note an appeal.
What provision is there for reduction of sentence (remission) e.g. for good behaviour?
If the sentence is more than a month – and the prisoner is not serving a life sentence or
serving periodical imprisonment or extended imprisonment – through ‘satisfactory industry
and good behaviour’ one third of the sentence is remitted [Per section 109 of the Prisons Act
Chap[ter 7:11 ]
What provision is there for early release e.g. on parole?
Section 113 and 114 of the Prisons Act Chapter 7:11 provides for a Parole Board consisting of not less than 3 persons appointed by the Minister. The Board’s job it is to
consider and report on prisoners serving extended terms of imprisonment doing so at
intervals of not more than 12 months. They are enjoined to submit their reports to the
Minister with recommendations for the release of any prisoner. So far as I am aware this
does not appear to happen with any frequency or diligence.
Earlier release however applies – automatically on good behaviour - with the one third
remission provision mentioned earlier.
In terms of section 110 of the Act the Commissioner of Prisons may recommend to the
Minister - who may if he thinks fit – in turn recommend to the President that remission be
granted to a prisoner because of his/her meritorious conduct and/or mental and/or physical
condition of the prisoner. This latter section is seldom invoked
What provision is there for clemency or pardon?
The President may grant a pardon or commute a death sentence to life imprisonment or a
fixed term of imprisonment, provided for by section 112 of the Constitution called Power of
Mercy
Usually a petition for clemency is put together and presented by a lawyer on the instructions
of a prisoner or on account of a concerned family member - who takes the time and trouble
to engage and pay for the services of a lawyer – to the President.
Petitions for clemency are usually framed around compassionate grounds – eg a serious life
threatening illness etc.
But there is in fact no legal reason as to why a prisoner could not do this himself.
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What about any financial penalties?
A sentence of imprisonment or financial penalty or a sentence of both such fine and
imprisonment may be imposed. In cases of theft or fraud and resultant financial prejudice an
offer of restitution and/or payment of restitution particularly at sentence stage at the time of
sentence and/or sometimes on appeal – (constituting a new development) may be advanced
in which event the reviewing/appeal court may reduce a portion of the effective sentence
Is transfer to another prison within Zimbabwe possible?
Yes.
The Commissioner has the power and authority to do this in terms of Section 70 of the
Prisons Act. Transfers to punish an accuse ie removing the prisoner so that friends and
family cannot regularly and easily visit could be challenged through review proceedings
particularly where the prisoner has had no say or ability to make representations to the
Commissioner before transfer is affected. Is transfer to the UK a possibility?
Technically there is that possibility because section 128 of the Persons Act states that” (1)
Any person who has been sentenced to imprisonment by any court within Zimbabwe may,
by warrant signed by the Minister, be removed to any country in which he was born or where
he normally resided before his entry into Zimbabwe, in order that such person may be
detained in any prison in such country until the expiration of his sentence or release
according to law:”
The application of this section would necessarily and pragmatically take into account political
will and acceptances a fact which sadly would probably not find much favour between the
United Kingdom and Zimbabwe at present.
What are the procedures for release and deportation?
If your immigration status in Zimbabwe is illegal or has lapsed, you will be released back into
remand prison where the consular officials will liaise with the Department for Immigration for
your deportation. You or your family members will be required to provide an air ticket back to
the UK.
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Additional Information
EG: Volunteer Workers: N/A
EG: Plea Bargaining: This would apply prior to a formal charge being presented to an
accused and is usually dealt with between the lawyer and the prosecutor’s office in terms
whereof, the lawyer on the basis of presented facts would appeal to the prosecuting
authority to consider reducing the charge from one level to a less serious level and that if
accepted a plea to the lesser charge would be given. The State is of course not bound to
accept the representations and the State cannot be compelled to go through this sort of
exercise which is discretionary.
Classification of Crime and Burden of Proof:
The different types of crime and related liability elements for such crimes and accepted
defences are reflected in what is commonly referred to in Zimbabwe as the Criminal Code
which is properly called The Criminal Law (Codification and Reform) Act Chapter 9:23.
This is a collection of established common law crimes such as: murder, assault, theft, armed
robbery, assault and so on which one would find in English common law.
The rules of evidence and broad procedures of a criminal court in Zimbabwe would bear
substantive similarity to the English system.
There is a presumption of innocence in favour of an accused.
The burden of proof for criminal liability purposes lies upon the State who must to prove the
commission of an offence beyond any reasonable doubt
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Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British
citizens imprisoned overseas. It is the only UK charity providing this service and it is
available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is
concerned with your health and welfare, both during your imprisonment and also on your
return to the UK, through their resettlement service (if you have registered whilst in prison).
They can also provide support and advice to your family during your imprisonment. In order
to access any services, prisoners must first register with Prisoners Abroad by signing and
returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be
your point of contact for advice and information. The type of assistance they can offer will
vary from country to country, but generally they can provide you with information, in English,
on:
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your rights as a prisoner and issues that may affect you such as health or transfer to
the UK
obtaining magazines, newspapers, books and the regular Prisoners Abroad
newsletter
writing to a pen pal
learning the language of your country of imprisonment
translation of documents
grants for food if you are in a developing country and don’t have funds from other
sources
grants for essential medicines and toiletries if you don’t have funds from other
sources
preparing for release
help for your loved ones, including information, family support groups and assistance
with the cost of visiting
Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172
0098
(Mondays to Fridays 9.30 am to 4.30 pm, UK time)
Email:
Website:
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Glossary of Terms
Useful legal terms
Key phrases – English into Zimbabwe
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Annexes
Annex 1: List of English Speaking Lawyers
English Speaking Lawyers
Annex 2: FCO leaflet: In prison abroad
In Prison Abroad Leaflet
Annex 3: FCO leaflet: Transfers home for prisoners abroad
Transfer Home Leaflet
Annex 4: Prisoners Abroad authorisation form
Prisoner's Abroad Authorisation Form
Annex 5: Prisoners Abroad family contact form
Contacts with Family and Friends Form
Annex 6: Prisoners Abroad General Leaflet
Prisoner's Abroad General Leaflet
Annex 7: Prisoners Abroad CFF form
Prisoners Abroad CFF Form
Annex 8: Fair Trials International questionnaire and leaflets
Home | FairTrials International website
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Disclaimer
This booklet was compiled by the Consular Section, British Embassy Harare. It is revised on
a regular basis
If any of the information contained in this booklet is incorrect, please draw inaccuracies to
our attention so that we can make amendments.
The British Embassy in Harare is not accountable for the information provided in this booklet.
Local proceedings are subject to change at any time.
Thank you.
1 July 2015
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