'Rights during trial - disclosure of evidence to defence' in document 'Nauru - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V - MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

145 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Act shall be taken in the presence of the accused or, where his personal attendance has been dispensed with, in the presence of his barrister and solicitor or pleader if any :

Provided that nothing in this section shall render it unlawful for any Court to take evidence in an inquiry or trial in the absence of the accused, if he has by his misconduct in court prevented the taking of such evidence in his presence.

PART V - MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

149 Interpretation of evidence to accused

(1) Where 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 open court in a language which he understands.

(2) Where documents are put in for the purpose of formal proof it shall be in the discretion of the Court to interpret to the accused as much thereof as appears necessary.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.