CHAPTER 91

PART III
GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES

19. (1) (a) shall be told the reason for such further detention; and

(b) the reason shall be noted on his custody record.

CHAPTER 91

PART III
GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES

20. (3) Any person arresting a person under the powers conferred by subsection (1) or (2) of this section, or under any powers under any law conferring powers of arrest upon persons other than a peace officer, shall without unnecessary delay make over the person so arrested to a peace officer or bring him before a magistrate.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

57. Any person conducting a private prosecution may do so in person or may be represented by a legal practitioner instructed by him in that behalf.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

88.

Provided that the prosecutor or the counsel for the prosecution and the defendant or his counsel shall have the right to cross-examine any such person, and the court shall adjourn the case for such time (if any) as it thinks necessary to enable such cross-examination to be adequately prepared, if, in its opinion, either party may be prejudiced by the calling of any such person as a witness.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

91. In any proceedings the wife or husband of the accused person shall not be called as a witness without the consent of the accused person except in the cases provided in section 175 of the Evidence Act.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

93.

(2) Any such party may appear before such magistrate by counsel or in person, and may examine, cross-examine, and re-examine (as the case may be) the said witness. If any such party is in custody the magistrate shall give directions for such party to be present at the examination of the witness and the provisions of section 69 of this Code shall apply as if such party were required to be brought before the court.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

96. Subject to the provisions of section 171 of the Evidence Act and section 91 of this Code, in any criminal proceedings, every person charged with an offence and the husband or wife of the person charged, as the case may be, shall be a competent witness for the defence at any stage of the proceedings.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

104. (1) Except as may be otherwise provided by any law, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, unless with his consent his absence has been dispensed with in accordance with the provisions of this Code.

(2) All evidence shall be recorded in English and, if any evidence is given in any other language, it shall be interpreted; and, in the case of any documents tendered in evidence which are written in a foreign language, a translation shall be provided. Any interpretation or translation shall be made by a person appointed or approved for the purpose by the court.

(3) If the accused does not understand English, any evidence given shall be interpreted to him in a language which he understands.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

115. (1) Every person accused of any criminal offence shall be entitled to be present in court during the whole of his trial unless he so conducts himself in the court as to render the continuance of the proceedings in his presence impossible. The court may, however, in its discretion and subject to the provisions of subsection (2) of section 106 of this Code, allow any part of any trial to take place in the absence of the accused with the consent of the accused, and may permit the accused to be absent in such case upon such terms as it thinks proper.
For the purposes of this section, the consent of the accused person to the conduct of the trial in his absence shall be deemed to have been given in a case in which he enters a written plea of guilty under the provisions of section 66 of this Code.

(2) Every person accused of any criminal offence, whether present in person or absent in accordance with the provisions of this section, may be defended before any court by a legal practitioner except in a case in which the provisions of section 66 of this Code apply and a written plea of guilty has been entered.

CHAPTER 91

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

118. A magistrate conducting a preliminary inquiry shall, at the commencement of such inquiry, read over and explain to the accused person the charge in respect of which the inquiry is being held and shall explain to the accused person that he will have an opportunity later on in the inquiry, if he so desires, of making a statement or calling witnesses (or both) and shall further explain to the accused person the purpose of the proceedings, namely, to determine whether there is sufficient evidence to put him on his trial before the Supreme Court.

CHAPTER 91

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

119.

(2) The accused person or any legal practitioner appearing on his behalf shall be entitled to cross-examine any such witness and the answers of a witness thereto shall form part of the deposition of such witness.

CHAPTER 91

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

119.

(6) If a statement is made by a witness in a language other than that in which it is taken down and the witness does not understand the language in which it is taken down, it shall be interpreted to him in a language which he understands by an interpreter who shall be sworn in accordance with the provisions of the 0aths Act, and the identity of the interpreter shall be recorded thereon by the magistrate.

CHAPTER 91

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

123. (1) If, after the examination of the witnesses called on behalf of the prosecution, the court considers that, on the evidence as it stands, there are sufficient grounds for committing the accused for trial, the magistrate shall satisfy himself that the accused understands the charge and shall ask the accused whether he wishes to make a statement in his defence or not and, if he wishes to make a statement, whether he wishes to make it on oath, or not. The magistrate shall also explain to the accused that he is not bound to make a statement and that his statement, if he makes one, will be part of the evidence at the trial.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

166. No witness who has not given evidence at the preliminary inquiry shall be called by the prosecution at any trial unless the accused person has received reasonable notice in writing of the intention to call such witness.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

167. Subject to the provisions of the Evidence Act, the witness called for the prosecution shall be subject to cross-examination by the accused person or his counsel, and to examination by the prosecution.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

172. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance. If he apprehends that any such witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel such witness's attendance

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

174. If an accused person who is not represented by counsel does not call any witnesses as to fact in his defence, he shall be entitled to address the court in his defence, whether or not he has himself given evidence, but counsel for the prosecution shall not be entitled to address the court a second time.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

198. At the time and place appointed for any adjourned hearing, a magistrate's court shall have the same powers to proceed with, dismiss or adjourn the case as if the complainant was before the court for the first time:
Provided that the court shall not proceed with the case in the absence of the accused person unless it is satisfied that in all the circumstances of the case such person has consented to the trial taking place in his absence.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

200. If the accused person admits the truth of the charge, his admission shall be recorded as nearly as possible in the words used by him and the court shall convict him and pass sentence upon or make an order against him unless, after hearing anything which may be said by or on behalf of the accused, whether in mitigation or otherwise, there shall appear to the court to be sufficient cause to the contrary.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

202. If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution. The accused person or his counsel may cross-examine each witness called by the prosecution and if the accused person is not represented by a legal practitioner, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any question to that witness and shall record his answer.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

204. (1) At the close of the evidence in support of the charge, if it appears to the court that a case is made out against the accused person sufficiently to require him to make a defence, the court shall again explain the substance of the charge to the accused and shall inform him that he has a right to give evidence on oath from the witness box and that, if he does so, he will be liable to cross-examination, or to make a statement not on oath from the dock, in which case he will not be liable to cross- examination; and the court shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and shall then hear the accused and his witnesses (if any).

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
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.