Part III—Legal proceedings in respect of protected persons

Section 12- Legal representation of prisoners of war

(1) The court before which a protected prisoner of war is brought up for trial for an offence shall not proceed with the trial unless:

(a) the accused is represented by counsel; and

(b) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the solicitor by whom that counsel was instructed;

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment.

(2) In the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a solicitor and counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of subsection (1) as representing the accused.

(4) In relation to any proceedings before a court before which the accused may be represented by a solicitor, subsections (1), (2) and (3) shall be construed, with any necessary modifications, as if references in those provisions to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court, in giving a direction under subsection (3), may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection.

(5) A solicitor or counsel shall be assigned in pursuance of subsection (3) in such manner as is provided by the regulations or, in the absence of provision in the regulations, as the court directs, and the fees and costs of any solicitor or counsel so assigned shall be paid by the Commonwealth.

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:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it