'Rights during trial - adequate preparation of defence' in document 'Botswana - Geneva Convention Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.

Local Representation of Certain Persons

5. (1) The court before which -

(a) any person is brought up for trial for an offence under section 3 of this Act; or

(b) a protected prisoner of war or a protected internee is brought up for trial for any offence,
shall not proceed with the trial unless -

(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the attorney by whom that advocate was instructed or by whom the accused is represented.

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