PART IV
PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

Accused may be defended by an advocate or other person
176. 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 V
MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS


Evidence to be taken in presence of accused
179. Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any).

PART V
MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

Interpretation of evidence to accused
182. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.

(2) When documents are put in for the purpose of formal proof it shall be in the discretion of the court to interpret as much thereof as appears necessary.

PART VI
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

Procedure on plea of not guilty
194. (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.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

The defence
257. The accused person or the advocate or other person defending him may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution; and the accused person may then give evidence on his own behalf and he or the advocate or other person defending him may examine his witnesses (if any), and after their cross-examination and re-examination (if any) may sum up his case.


Additional witnesses for the defence
258. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance; and if he apprehends that any such witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel such witness's attendance:

Provided that no accused person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness.

PROVISIONS AS TO CERTAIN LEGAL PROCEEDINGS

Legal representation of certain persons
7. (1) The court before which -

(a) any person is brought up for trial for an offence under section 3; or

(b) a protected prisoner of war is brought up for trial for any offence,
shall not proceed with the trial unless -

(i) the accused is represented by an advocate; and
(ii) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the advocate,
and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment, the court may remand the accused for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, in the absence of an advocate accepted by the accused as representing him, an advocate instructed for the purpose on behalf of the protecting Power shall, without prejudice to the requirements of subsection (1)(ii), be regarded for the purposes of subsection (1) as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by an advocate -

(a) the court shall direct that an advocate be assigned to watch over the
interests of the accused at any further proceedings in connection with the offence; and

(b) at such further proceedings, in the absence of an advocate either
accepted by the accused as representing him or instructed as mentioned in subsection (2), the advocate assigned in pursuance of this subsection shall, without prejudice to the requirements of subsection (1)(ii), be regarded for the purposes of subsection (1) as representing the accused.

(4) An advocate shall be assigned in pursuance of subsection (3) in such manner as the Minister may be regulations prescribe, and any advocate so assigned shall be entitled to be paid out of moneys appropriated by the Maneaba ni Maungatabu such sums in respect of fees and disbursements as the Minister may by regulations prescribe.

(5) In this section "advocate" means, in relation to proceedings before any court, a legal practitioner who has a right of audience in that court.