CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(f) to be brought before a court as soon as reasonably possible, but not later than––
(i) twenty-four hours after being arrested ; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day ;

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—

(e) to have the trial begin and conclude without unreasonable delay ;

PART V – LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS OF PERSON SUBJECT TO THIS ACT

54. Limitation of rights of an arrested person
(3) An accused person shall not be held in custody for more than eight days before he or she is arraigned before a commanding officer or a court-martial unless the commanding officer, for reasons to be recorded in writing, is satisfied that the continued arrest of the accused person is necessary.

PART VII – ARREST OF PERSON SUBJECT TO THE ACT

Offences concerning Courts Martial and other Authorities

140. Provisions for avoiding delay after arrest
(1) The allegations against a person arrested under sections 137 or 141 shall be investigated without unnecessary delay, and as soon as practicable thereafter either proceedings shall be instituted to deal with the allegations or the person shall be released from arrest.

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 103
II. Confinement awaiting trial, (Deduction from sentence, treatment)

Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.

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

Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war.

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 71 – Penal Procedure
I. General observations

No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.

Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.

PART III — RIGHTS RESPONSIBILITIES AND PROTECTION OF VICTIMS
9. Rights during the trial process
A victim has a right to —
(a) be present at their trial either in person or through a representative of their choice;
(b) have the trial begin and conclude without unreasonable delay;
(c) give their views in any plea bargaining;
(d) have any dispute that can be resolved by the application of law decided in a fair hearing before a competent authority or, where appropriate, another independent and impartial tribunal or body established by law;
(e) be informed in advance of the evidence the prosecution and defence intends to rely on, and to have reasonable access to that evidence;
(f) have the assistance of an interpreter provided by the State where the victim cannot understand the language used at the trial; and
(g) be informed of the charge which the offender is facing in sufficient details.
Where the personal interests of a victim have been affected, the Court shall—
(a) permit the victim's views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court; and
(b) ensure that the victim's views and concerns are presented in a manner which is not—
(i) (i) prejudicial to the rights of the accused; or
(ii) (ii) inconsistent with a fair and impartial trial.
The victim's views and concerns referred to in subsection (2) may be presented by the legal representative acting on their behalf.