'Rights during trial - adequate preparation of defence' in document 'Antigua and Barbuda - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III
INDICTMENTS & c.

16. Filing and service of copy of indictment.

(5) Notwithstanding the foregoing provisions of this section, an indictment may be filed at any time before the first day of the sitting of the Court, but, in such event, the accused person shall be entitled to apply to the Court for a postponement of the trial to another sitting of the Court on the ground that he has not had sufficient time to prepare his defence.

PART IV
DILATORY PLEAS, ARRAIGNMENT, &c.

18. Further time to plead.

No person prosecuted shall be 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 :
Provided that, if the Court before whom any person is so indicted, upon the application of such 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, such 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 such 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 meet, 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 such 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