'Rights during investigation - legal assistance' in document 'Liberia - Criminal Procedure Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

1. Right to representation by legal counsel at every stage of proceedings.

In all criminal prosecutions the accused shall enjoy the right to be represented by legal counsel at every stage of the proceedings from the time of arrest or, where no arrest has been made, from the initial appearance and submission of the accused to the jurisdiction of the court. This right continues through appeal and postconviction proceedings, if any.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

2. Accused to be advised of rights.

As soon as practicable after arrival at the first place of custody upon an arrest or, where no arrest has been made, upon the initial appearance and submission of the accused to the jurisdiction of the court and at the commencement of every new stage of the proceedings, when an accused appears without legal counsel, the accused shall be advised of his right to retain legal counsel of his own selection and in all cases where the crimes charged are triable only in the Circuit Court, of his right to have legal counsel to represent him if he is financially unable to retain legal counsel.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

3. Facilities to obtain and consult with legal counsel of own selection to be furnished.

At any time when an accused while in custody or on appearance before the court advises that he desires to obtain legal counsel of his own selection, upon his request he shall immediately be furnished, without cost to him, with available facilities to aid him in securing such counsel and shall be allowed reasonable time and opportunity to consult privately with such counsel before any further proceedings are had.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

4. Appointment of Defense Counsel for those financially unable to retain legal counsel.

In all cases where the crimes charged are triable only in the Circuit Court, at any time when an accused advises that he is financially unable to retain legal counsel and that he desires to have legal counsel assigned to represent him, as soon after his request as practicable, he shall be brought before the court then having jurisdiction over him to decide whether the county Defense Counsel shall be assigned to represent him. If the court is satisfied after appropriate inquiry that the accused is financially unable to retain legal counsel, it shall assign the county Defense Counsel to represent him, and the accused shall be allowed reasonable time and opportunity to consult privately with such counsel before any further proceedings are had.

Counsel so assigned shall serve without cost to the accused and he shall have free access to the accused, in private, at all reasonable hours while acting as legal counsel for him. The assignment of Defense Counsel shall not deprive the accused of the right to engage other legal counsel in substitution at any stage of the proceedings.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.3. Cautions to be given accused on interrogations.

No peace officer or other employee of the Republic shall interrogate, interview, examine, or otherwise make inquiries of a person accused or suspected of an offense, or request any statement from him, including a confession of guilt, without first informing him of the following :

(b)That he has the right to have legal counsel present at all times while he is being questioned or is making any statement or admission ;

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