Supreme Court · 23 June 1978

Malita Banda v The People (S.C.Z. Judgment No. 26 of 1978) [1978] ZMSC 3 (23 June 1978)

When an accused is unfit to plead, a special finding under s.167 is impermissible and detention orders must follow proper statutory procedure. Flynote Criminal procedure — Fitness to plead — Unfit accused: trial court may not make s.167 special finding; detention under s.161(2)(b) must follow proper procedure; appeal lies from orders made without jurisdiction. Read full summary

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