'Rights during trial - legal assistance' in document 'Kiribati - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

Accused may be defended by an advocate or other person
176. Any person accused of an offence before any criminal court, or against whom proceedings are instituted under this Code in any such court, may be defended by an advocate or, with the leave of the court, by any person.

PART V
MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS


Evidence to be taken in presence of accused
179. Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any).

PART V
MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

Interpretation of evidence to accused
182. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.

(2) When documents are put in for the purpose of formal proof it shall be in the discretion of the court to interpret as much thereof as appears necessary.

PART VI
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

Procedure on plea of not guilty
194. (1) If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution and other evidence (if any).

(2) The accused person or the advocate or other person defending him may put questions to each witness produced against him.

(3) If the accused person is not defended by an advocate or other person, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any questions to that witness and shall record his answer.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

The defence
257. The accused person or the advocate or other person defending him may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution; and the accused person may then give evidence on his own behalf and he or the advocate or other person defending him may examine his witnesses (if any), and after their cross-examination and re-examination (if any) may sum up his case.


Additional witnesses for the defence
258. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance; and if he apprehends that any such witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel such witness's attendance:

Provided that no accused person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness.

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:
(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