Rights during trial - informed promptly and in detail of charges

Kiribati

Kiribati - Constitution 1979 (2013) EN

''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL''

5(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of the reasons for his arrest or detention.

''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 10. Provisions to secure protection of law'

10(2)Every person who is charged with a criminal offence—
(...)shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;

''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 15. Protection from discrimination on the grounds of race, etc''

6. Where a person is detained by virtue of such a law or regulation as is referred to in the preceding subsection, the following provisions shall apply, that is to say—

he shall, as soon as reasonably practicable and in any case not more than ten days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;

Kiribati - Constitution 1979 EN

CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Provisions to secure protection of law
10. (2) (b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;

Kiribati - Criminal Procedure Code 1964 (1977) EN

PART III
GENERAL PROVISIONS

Procedure in respect of person present in court
35. If the person in respect of whom such order is made is present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.

PART VI
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

Accused to be called upon to plead
193. (1) The substance of the charge or complaint shall be stated to the accused person by the court, and he shall be asked whether he admits or denies the truth of the charge.

PART VI
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

The defence
196. (1) At the close of the evidence in support of the charge, if it appears to the court that a case is made out against the accused person sufficiently to require him to make a defence, the court shall again explain the substance of the charge to the accused and shall inform him that he has a right to give evidence on oath from the witness box, and that, if he does so, he will be liable to cross-examination, or to make a statement not on oath from the dock, and shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and the court shall then hear the accused and his witnesses and other evidence (if any).

(2) If the accused person states that he has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court may adjourn the trial and issue process, or take other steps, to compel the attendance of such witnesses.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

Pleading to information
240. (1) The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court shall see cause otherwise to order, and the information shall be read over to him by the Registrar or other officer of the court, and explained if need be by that officer or interpreted by the interpreter appointed by the court, and such accused person shall be required to plead instantly thereto, unless, where the accused person is entitled to service of a copy of the information, he shall object to the want of such service, and the court shall find that he has not been duly served therewith.


Kiribati - Geneva Conventions 1993 EN

PROVISIONS AS TO CERTAIN LEGAL PROCEEDINGS

Notice of trial of protected persons
6. (1) The court before which -

(a) a protected prisoner of war is brought up for trial for any offence; or

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of 2 years or more,
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously -

(i) on the protecting Power; and
(ii) if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.

(2) The particulars referred to in subsection (1) are -

(a) the full name and description of the accused, including -

(i) the date of his birth; and
(ii) his profession or trade, if any; and
(iii) if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;

(b) his place of detention, internment or residence;

(c) the offence with which he is charged; and

(d) the court before which the trial is to take place and the time and place
appointed for the trial.

(3) For the purpose of this section a document purporting -

(a) to be signed on behalf of the protecting Power or by the prisoners’ representative or by the person accused, as the case may be; and

(b) to be an acknowledgement of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this session,
shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day.

(4) In this section the expression -
"prisoners’ representative", in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions or prisoners’ representative within the meaning of Article 79 of the Third Geneva Convention were exercisable in relation to that prisoner at the camp at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

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:

(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;