Rights during investigation - legal assistance

Trinidad and Tobago

The Constitution of the Republic of Trinidad and Tobago

CHAPTER 1
THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART I
RIGHTS ENSHRINED

5. Protection of rights and freedoms

(2) (c) (ii) of the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him;

CHAPTER 1
THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART I
RIGHTS ENSHRINED

5. Protection of rights and freedoms

(2) (d) authorise a Court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation;

The International Criminal Court Act 2006

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning Persons

90. (2) If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(b) to have legal assistance of the person’s choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and

Rome Statute

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and