CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

50. Fair hearing.

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

(g) to choose, and be represented by, an advocate, and to be informed of this right promptly ;

PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

MISCELLANEOUS PROVISIONS

193. Right of accused to be defended
A person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in a criminal court, may of right be defended by an advocate.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE PROSECUTION

306. Close of case for prosecution
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

151. Rights and representation of an accused person during trial
(1) An accused person who is subject to this Act shall be informed of the charges against him or her and of his or her right to be represented during the summary disciplinary proceedings or trial.

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

154. Hearing procedures
(1) If a person who is subject to this Act accepts summary trial, that person or his or her representative may present evidence and call witnesses during the hearing.

5. Legal Representation

(1) The court before which—

(a) any person is brought up for trial for an offence under section 3 of this Act; 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 fourteen 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, the court may, notwithstanding any other written law, remand the accused for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, and there is no 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 paragraph (ii) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.

(3) Where the court adjourns the trial in pursuance of subsection (1) of this section because the accused is not represented by an advocate, the court shall direct that an advocate be assigned to watch over the interests of the accused at any further proceedings in connexion with the offence.

(4) At any such further proceedings, if there is no advocate accepted by the accused as representing him or instructed in pursuance of subsection (2) of this section, an advocate assigned in pursuance of subsection (3) of this section shall, without prejudice to the requirements of paragraph (ii) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.

(5) An advocate shall be assigned in pursuance of subsection (3) of this section in such manner as may be prescribed by the Minister, by notice in the Gazette, and any advocate so assigned shall be entitled to be paid by Minister, out of moneys provided by Parliament such sums in respect of fees and disbursements as the Minister may direct.

THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949

PART III – CAPTIVITY

SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS

III – JUDICIAL PROCEEDINGS

Article 99 – Essential Rules
I. General principles

No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel.

THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949

PART III – CAPTIVITY

SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS

III – JUDICIAL PROCEEDINGS

Article 105
IV. Rights and means of defence

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.

FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR DATED THE 12TH AUGUST, 1949

PART III – STATUS AND TREATMENT OF PROTECTED PERSONS

SECTION III – OCCUPIED TERRITORIES

Article 72
II. Right of defence

Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.