19. Human dignity and personal freedoms
1. The dignity of all persons shall be inviolable.
2. In any judicial proceedings or in any other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.
3. No person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment.
4. No person shall be subject to corporal punishment in connection with any judicial proceedings or in any other proceedings before any organ of the State.
5. No person shall be subjected to medical or scientific experimentation without his or her consent.
6. Subject to this Constitution, every person shall have the right to freedom and security of person, which shall include the right not to be—
a. detained without trial;
b. detained solely by reason of his or her political or other opinions; or
c. imprisoned for inability to fulfill contractual obligations.

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.

PART II
POWERS OF COURTS AND SPECIAL AREAS

20A. Information to be supplied on arrest

(1) Subject to subsection (5), where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest at the time of the arrest or as soon as is practicable after his arrest.

(2) Where a person is arrested by a police officer, subsection (1) applies regardless of whether the fact of the arrest is obvious.

(3) Subject to subsection (5), no arrest is lawful unless the person arrested is informed of the reason for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where the person is arrested by a police officer, subsection (3) applies regardless of whether the reason for the arrest is obvious.

(5) Nothing in this section shall be deemed to require a person to be informed —

(a) that he is under arrest ; or
(b) of the reason for the arrest, if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

(6) Where the person is arrested, the police officer shall promptly inform him that he has the right to remain silent, and shall warn him of the consequences of making any statement, but any omission by the police officer to inform the arrested person of this right shall not render the arrest unlawful.

PART IV
PROVISIONS RELATING TO ALL CRIMINAL PROCEEDINGS

101. Notification of substance of warrant

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant.

PART IV
PROVISIONS RELATING TO ALL CRIMINAL PROCEEDINGS

102. Person arrested to be brought before the court without delay

The police officer or other person executing a warrant of arrest shall, subject to the provisions of section 97 as to security, without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person.

PART IVA
PRE-TRIAL CUSTODY TIME LIMITS

161A. Pre-trial custody time limits

An accused person may be held in lawful custody in relation to an offence while awaiting the commencement of his trial in accordance with the periods specified under this Part.

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

162. Evidence to be taken in presence of accused

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 legal practitioner, if any.

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

164. Interpretation of evidence to accused or his legal practitioner

(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 a language understood by him.

(2) If he appears by legal practitioner and the evidence is given in a language other than the language of the court, and not understood by the legal practitioner, it shall be interpreted to such legal practitioner in the language of the court.

(3) 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
EVIDENCE IN CRIMINAL PROCEEDINGS

187. Burden of proof

(1) The burden of proving any particular fact lies on the person who wishes the court or jury, as the case may be, to believe in its existence, unless it is provided by any written law that the proof of such fact shall lie on any particular person :
Provided that subject to any express provision to the contrary in any written law the burden of proving that a person who is accused of an offence is guilty of that offence lies upon the prosecution.

PART VI
EVIDENCE IN CRIMINAL PROCEEDINGS

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.

PART VI
EVIDENCE IN CRIMINAL PROCEEDINGS

226. Confidential communications with legal practitioner

No person shall be compelled to disclose to the court or to the jury any confidential communication, which hastaken place between him and any legal practitioner advising or representing him unless he has offered himself as a witness or its giving evidence upon being required to do so under section 256 (1) or section 314 in which case he may be compelled to disclose any such communication as may appear to the court necessary to be known in order to explain any evidence which he has given and no other.

PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

248. Absence of accused

If, upon the day fixed for trial or the day to which the hearing or further hearing is adjourned, the accused shall not appear and, in the case of proceedings originating by summons, it appears to the court by evidence on oath that the summons was duly served a reasonable time before the time appointed for appearing, the court may, instead of directing the issue of a warrant of arrest under section 95, proceed with the hearing or further hearing as if the accused were present :
Provided that no sentence of imprisonment, other than a sentence in default of payment of a fine, shall be imposed on any person under this subsection.

(2) If the court convicts the accused in his absence, it may set aside such conviction upon being satisfied that such absence was due to causes over which he had no control and that he had a probable defence on the merits.

(3) If the accused who has not appeared as is mentioned in subsection (1) is charged with felony, or if the court, in its discretion, refrains from convicting or acquitting the accused in his absence, the court shall issue a warrant for the apprehension of the accused and cause him to be brought before the court.

PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

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.

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

264. Charge to be read to accused, etc.

At the commencement of a preliminary enquiry the magistrate shall read the charge to the accused but the accused shall not be required to make any reply thereto.

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

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.

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

268. Provisions as to taking statements or evidence of accused

(2) Before the accused makes any statement in answer to the charge, or gives evidence, as the case may be, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding any such promise or threat.

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

269. Evidence and address in defence

(1) Immdiately 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, immedia- tely 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.

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

269. Evidence and address in defence

(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.

PART IX
SUMMARY COMMITTAL PROCEDURE FOR TRIAL OF PERSONS BEFORE THE HIGH COURT

293. Statement, etc., to be supplied to accused

In every summary procedure case the prosecution shall, not less than twenty-one clear days before the date fixed for the trial of the case, furnish to the accused or his legal practitioner, if any, and to the Registrar of the High Court a list of the persons whom it is intended to call as witnesses for the prosecution at the trial and a statement of the substance of the evidence of each witness which it is intended to adduce at the trial.

PART X
TRIALS BEFORE THE HIGH COURT

303. Commencement of trial in the High Court : plea and directions hearing

(3) At the plea and directions hearing, the charge shall be read out and explained to the accused, and he shall be asked whether he admits or denies the truth of the charge.

PART X
TRIALS BEFORE THE HIGH COURT

314. The defence

(1) Where the accused elects to give evidence, he 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.

(2) The accused shall thereupon from the witness box, or such other place as the High Court may direct, and upon oath, give his evidence and answer any questions or produce anything lawfully put to, or required of him by the High Court or in cross- examination.

(3) If the accused elects to give evidence and thus becomes a witness in his own defence, but refuses or neglects to —

(a) be sworn ;
(b) give evidence ;
(c) answer any question lawfully put to him by the High Court or in cross-examination ;
(d) produce any document or thing which he is lawfully required to produce,
such refusal or neglect may be commented upon by the prosecution and may be taken into account by the jury in reaching its verdict.

(4) Where an accused elects to call witnesses other than himself, his evidence shall be taken before that of any other witness for 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.

PART X
TRIALS BEFORE THE HIGH COURT

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.