'Rights during trial - adequate preparation of defence' in document 'Dominica - Criminal Law and Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VI
DILATORY PLEAS, ARRAIGNMENT, ETC.

27. No traverse or time allowed to plead, or demur, but Court may grant time, if of opinion that the accused should have time, and respite the recognizances.

No person prosecuted is entitled, as of right, to traverse or postpone the trial of any indictment presented against him in any court, or to have time allowed him to plead or demur to any such indictment ; but if the Court before whom any person is so indicted, upon the application of that person, or otherwise, is of opinion that he ought to be allowed a further time to plead or demur, or to prepare for his defence or otherwise, the Court may grant such further time to plead or demur, or may adjourn the receiving or taking of the plea or demurrer, and the trial (as the case may be) of that person, to some future time of the sitting of the Court, or to the next or any subsequent sitting of the Court, and upon such terms as to bail or otherwise as to the Court seems fit, and may, in the case of adjournment to another session or sitting, respite the recognizances of the prosecutor and witnesses accordingly ; in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence at the subsequent session or sitting, without entering into any fresh recognizances for that purpose.

RELEVANT ROME STATUTE PROVISIONS

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:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence