PART II
PROCEEDINGS BEFORE A MAGISTRATE

TITLE 4 - PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON

56. Disposal of person apprehended upon warrant.

When any person is apprehended upon a warrant he shall be brought before a magistrate as soon after he is so arrested as practicable, and the magistrate shall either proceed with the preliminary inquiry or postpone it to a future time, in which latter case he shall either commit the accused person to prison, or admit him to bail, or permit him to be at large on his own recognisance, according to the provisions hereinafter contained.

PART II
PROCEEDINGS BEFORE A MAGISTRATE

TITLE 4 - PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON

Proceedings at Preliminary Inquiry

65. Taking of evidence for prosecution.

(2) The evidence of those witnesses shall be given in the presence of the accused person; and the accused person shall be entitled to cross-examine them.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Arraignment

138. Postponement of trial.

If an application is made to the Court by the accused person or the Director of Public Prosecutions for a postponement of the trial, and the Court is of opinion that the accused person ought to be allowed a further time, either to prepare for his defence or otherwise, or that for any reason it is advisable in the interests of justice, the Court may postpone the trial, either to a later day in the same sitting of the Court, or to the next subsequent sitting of the Court for the same county, as the Court thinks fit, upon any terms as to bail or otherwise the Court deems proper.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Arraignment

139. Arraignment of accused person.

Every accused person, on being called upon to plead, shall be entitled to have the indictment on which he is to be tried read over to him.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Plea

144. Pleading and refusal to plead.

(1) When the accused person is called upon to plead, he may plead either guilty or not guilty, or the special pleas hereinbefore mentioned.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Plea

144. Pleading and refusal to plead.

(2) If the accused person wilfully refuses to plead or will not answer directly, the Court may, if it thinks fit, order the Registrar to enter a plea of not guilty, and the plea so entered shall have the same force and effect as if the accused person had actually so pleaded.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Further Proceedings at Trial

152. Adjournment, or discharge of jury and postponement, of trial.

(1) If the Court is of opinion that the accused person is taken by surprise, in a manner likely to be prejudicial to his defence, by the production on behalf of the State of a witness who has not made any deposition, and of the intention to produce whom the accused has not had sufficient notice, or if the Court is of opinion that the State is entitled to produce rebutting evidence, the Court may, on the application of the accused person, or of the Director of Public Prosecutions, as the case maybe, adjourn the further trial of the cause, or discharge the jury from giving a verdict and postpone the trial.

PART III
PROCEEDINGS IN THE COURT

TITLE 11 - TRIAL

Further Proceedings at Trial

174. Presence of accused person at trial.

(1) Every accused person shall be entitled to be present in Court during the whole of his trial, unless he misconducts himself by so interrupting the proceedings as to render their continuance in his presence impracticable.

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.