'Rights during trial - burden of proof' in document 'Tuvalu - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
3 A person charged with an offence -
(b) shall be informed as soon as practicable, in detail and in a language that he understands, of the precise nature and particulars of the offence charged, and if the information is not given in writing it shall be confirmed in writing as soon as practicable; and

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(3) A person charged with an offence —

(a) subject to subsection (14)(a), shall be presumed to be innocent
until —

(i) he is proved guilty; or
(ii) he has pleaded guilty and the plea has been accepted by the court; and

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(14) Nothing in or done under a law shall be considered to be inconsistent with —

(a) subsection (3)(a) - to the extent that the law imposes upon a person charged with an offence the burden of proving or disproving certain facts which are particularly within his knowledge or his capacity to prove or disprove; or

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:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal