'Rights during investigation - legal assistance' in document 'Papua New Guinea - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision C. – Qualified Rights.

42. LIBERTY OF THE PERSON.

(2) A person who is arrested or detained–

(b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid) ;

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision C. – Qualified Rights.

42. LIBERTY OF THE PERSON.

(2) A person who is arrested or detained–

(c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained,

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
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:
(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