Rights during trial - adequate preparation of defence

South Africa

South Africa - Constitution 1996 (2009) EN

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(3) Every accused person has a right to a fair trial, which includes the right

(b) to have adequate time and facilities to prepare a defence;

South Africa - Geneva Conventions Act 2012 EN

CHAPTER 4
LEGAL PROCEEDINGS

Legal representation

10. (1) (a) Subject to subsections (2) and (3), the court before which a person is 5 brought for trial for an offence contemplated in section 5(1), (3) or (4) may not proceed with the trial unless

(ii) the court is satisfied that a period of not less than 14 days has elapsed since 10 instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;