Rights during trial - legal assistance

Tuvalu

Criminal Procedure Code

PART IV - PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

176 Accused may be defended by an advocate or other person

Any person accused of an offence before any criminal court, or against whom proceedings are instituted under this Code in any such court, may be defended by an advocate or, with the leave of the court, by any person.

PART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS

194 Procedure on plea of not guilty

(1) If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution and other evidence (if any).

(2) The accused person or the advocate or other person defending him may put questions to each witness produced against him.

(3) If the accused person is not defended by an advocate or other person, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any questions to that witness and shall record his answer.

The Constitution of Tuvalu

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
3 (d) shall be given reasonable facilities to consult, at his own expense, a
representative of his own choice; and

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(3)

(d) shall be given reasonable facilities to consult, at his own expense, a representative of his own choice; and

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:

(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;