'Rights during trial - adequate preparation of defence' in document 'Guyana - Criminal Law (procedure) Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

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.

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