Arrest, detention and fair trial
1. Every person who is detained, including every sentenced prisoner, shall have the right—

a. to be informed of the reason for his or her detention promptly, and in a language which he or she understands;


• Human dignity

b. to be held under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, adequate nutrition and medical treatment at the expense of the State;



• Right to counsel

c. to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State;


d. to be given the means and opportunity to communicate with, and to be visited by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his or her choice;


• Right to counsel


e. to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law; and


f. to be released if such detention is unlawful.
2. Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right—

• Protection from self-incrimination


a. promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;





• Protection from unjustified restraint

b. as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released;



• Protection from self-incrimination

c. not to be compelled to make a confession or admission which could be used in evidence against him or her;

d. save in exceptional circumstances, to be segregated from convicted persons and to be subject to separate treatment appropriate to his or her status as an unconvicted person;



• Right to pre-trial release

e. to be released from detention, with or without bail unless the interests of justice require otherwise;



• Right to fair trial

f. as an accused person, to a fair trial, which shall include the right—



• Right to public trial
• Right to speedy trial

i. to public trial before an independent and impartial court of law within a reasonable time after having been charged;

ii. to be informed with sufficient particularity of the charge;

• Protection from self-incrimination
• Presumption of innocence in trials

iii. to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;



• Right to examine evidence/witnesses

iv. to adduce and challenge evidence, and not to be a compellable witness against himself or herself;



• Right to counsel

v. to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;



• Protection from ex post facto laws
• Principle of no punishment without law

vi. not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;


• Prohibition of double jeopardy

vii. not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal;



• Right to appeal judicial decisions

viii. to have recourse by way of appeal or review to a higher court than the court of first instance;





• Trial in native language of accused

ix. to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and


x. to be sentenced within a reasonable time after conviction;


• Privileges for juveniles in criminal process

g. in addition, if that person is a person under the age of eighteen years, to treatment consistent with the special needs of children, which shall include the right—


i. not to be sentenced to life imprisonment without possibility of release;

ii. to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public;

iii. to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;


• Human dignity

iv. to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;


v. to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;

vi. to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and

h. in addition, if that person is a person with a disability, in recognition of his or her particular vulnerability, to be held, wherever possible, in separate accommodation.

177. Evidence of persons who are seriously ill

(3) The statement taken under this section may be read in evidence for or against an accused upon proof of death or infirmity, as the case may be, of the person who made such statement:

Provided that—

(c) the party against whom the statement is proposed to be read in evidence had an opportunity, if he were to be present, himself or by his legal practitioner, to cross-examine the person who made such statement.

206. Parties to examine witness

(1) The parties to any proceeding under this Code in which a commission under section 204 is issued may respectively forward any interrogatories in writing which the court directing the commission may think relevant to the issue, and the magistrate to whom the commission is directed shall examine the witness upon such interrogatories.

(2) Any party mentioned in subsection (1) may appear before the magistrate by his legal practitioner, or if not in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.

214. Examination, cross-examination and re-examination

(4) Subject to this Code, a witness shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

255. Case for the defence

(3) The accused shall, without further process, at any time while he is making his defence be allowed to recall and re-examine any witness present in the court or its precincts.

265. Depositions

(3) The accused may put questions to each witness produced against him and the answer of the witness thereto shall form part of such witness’s depositions.

269. Evidence and address in defence

(1) Immediately after complying with the requirements of section 268 relating to the statement or evidence of the accused, and whether the accused has or has not made a statement or given evidence, the court shall ask him whether he desires to call witnesses on his own behalf.

(2) The court shall take the evidence of any witnesses called by the accused in like manner as in the case of witnesses for the prosecution, and every such witness, not being merely a witness to the character of the accused, shall, if the court be of opinion that his evidence is any way material to the case, be bound by bond to appear and give evidence at the trial of such accused.

(3) If the accused 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, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused, the court may adjourn the enquiry and issue process, or take other steps, to compel the attendance of such witnesses and on their attendance shall take their depositions and bind them by bond in the same manner as witnesses under subsection (2).

(4) In any preliminary enquiry under this Part the accused or his legal practitioner shall be at liberty to address the court—

(a) after examination of the witnesses called on behalf of the prosecution;
(b) if no witnesses for the defence are to be called, immediately after the statement or evidence of the accused;
(c) if the accused elects—

(i) to give evidence or to make a statement and witnesses for the defence are to be called; or
(ii) not to give evidence or to make a statement, but to call witnesses,

immediately after the evidence of such witnesses.

(5) If the accused or his legal practitioner addresses the court in accordance with subsection (4) (a) or (c) the prosecution shall have the right to reply.

(6) Where the accused reserves his defence or elects to exercise the right to remain silent, or at the conclusion of any statement in answer to the charge or evidence in defence, as the case may be, the court shall ask him whether he intends to call witnesses at the trial other than any whose evidence has been taken under this section, and, if so, whether he desires to give their names and addresses so that they may be summoned. The court shall thereupon record the names and addresses of any such witnesses whom he may mention.

314. The defence

(5) After the accused and his witness, if any, have been called after the examination, cross-examination and re-examination, if any, the accused or his legal practitioner may sum up his case.


315. Additional witnesses for the defence

The accused shall be allowed to examine any witness not previously bound over to give evidence at the trial, if such witness is in attendance, or if his attendance may be procured without unreasonable expense, delay or inconvenience, but he shall not be entitled as of right to have any witness summoned other than the witnesses whom he named to the subordinate court committing him for trial as witnesses whom he desired to be summoned.