CHAPTER THREE
Procedure

PART I
ARREST AND BAIL

Detention and Bringing up of Person Arrested Bringing person arrested before Court
584.—(1) Any person arrested for any cause, whether with or without warrant, shall be brought before the Court or the Judge, or a Magistrate, as the case may be, as soon as is practicable but not later than seventy-two hours of his or her arrest.

(2) If a person arrested is to be questioned, he or she shall be informed
(a) that the person has the right to remain silent, without such silence being a consideration in the determination of guilt or innocence; and
(b) of their rights under section 589; and
(c) that the person has a right to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel;
(d) of their right to have legal assistance of their choosing or to have legal assistance assigned to them if the arrest is for an offence under section 86 or 87.

CHAPTER THREE
Procedure

PART I
ARREST AND BAIL

Interview with Legal Practitioner Intimation to and interview with legal practitioner
589. A person who is arrested, shall, immediately upon arrest be entitled, if he or she desires, to have intimation sent to any legal practitioner, and to have a private interview, subject to any necessary surveillance, with the legal practitioner prior to being brought before the Court.


Savings as to arrest or detention under other laws
590. Nothing shall take away or diminish any authority under any enactment for the time being in force to arrest, detain, or put any restraint on the person.

CHAPTER THREE
Procedure

PART IV
SUMMARY PROCEEDINGS

Sub-Part A - Trial of Summary Offences

Adjournment or Immediate Trial Hearing after Adjournment

Notice of defence to complainant
704.— (1) Where the defendant intends to plead and give evidence of a special defence, he or she shall give written notice of such defence to the complainant, with any information which might be of material assistance to the complainant including any information in the possession of the defendant, relating to witnesses the defendant intends to call in support of the special defence.

(2) Where the defendant intends to plead and give evidence of an alibi, he or she shall give notice of such alibi to the complainant with particulars as to time and place and of the witnesses by whom he or she proposes to prove it, before the examination of the first witness for the prosecution commences.

(3) The complainant on being given a notice under subsection (1) shall, if he or she so desires, be entitled to an adjournment of the case.


Case and evidence for complainant
705. If the defendant does not admit the truth of the complaint, the Court shall proceed to hear the complainant and such other evidence as he or she may adduce in support of his or her complaint.


Caution to undefended defendant
706. Where the defendant is not represented by counsel, on the completion of the examination of the witnesses on the part of the pros-ecution, the following caution or words to the like effect shall, before he or she is called as a witness, be addressed to him or her by or under the direction of the Court:
“Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the complaint? You are not obliged to give evidence unless you wish, but if you are called, the evidence you give will be evidence in the case.”


Case and evidence for defendant
707. The Court shall also hear the defendant and any witnesses as he or she may call and such other evidence as he or she may adduce, in his or her defence.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Reply for the Prosecution

Defence by counsel and caution to undefended accused
916.— (1) Any person charged with an indictable offence may make his or her full defence by counsel.

(2) Where an accused person is not defended by counsel, then, on the completion of the examination of the witnesses on the part of the prosecution, the Judge shall inform him or her, or cause him or her to be informed, of his or her right to address the jury and to give evidence on his or her own behalf or to remain silent, and also of his or her right to call witnesses in his or her defence.


Opening of case and examining witnesses for defence
917. At every trial for an indictable offence, the accused or his or her counsel shall be entitled to open his or her case, and after the conclusion of such opening, the accused or his or her counsel shall be entitled to examine such witnesses as he or she thinks fit, and when all the evidence is concluded, to sum up the evidence by way of an address to the jury.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART C
Verdicts and Related Matters

Miscellaneous Matters

Presence of accused at trial

1012.— (1) Every accused person shall be entitled to be present in Court during the whole of his or her trial, unless he or she misconducts himself or herself by so interrupting the proceedings as to render the conduct of the proceedings in his or her presence impracticable.

(2) The Court may, if it thinks fit, permit an accused to be out of Court during the whole or any part of any trial, on such terms as it considers appropriate.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Conviction essential before punishment
1089. When a person is declared to be liable to punishment for doing an act that person shall only be liable to punishment after he or she is duly convicted.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Punishment not to be double
1090. A person shall not be punished twice for the same offence under the provisions of this Code or any other law, except in the case where a person causes the death of another person, in which case he or she may be convicted of the offence which he or she committed by reason of causing such death, notwithstanding that he or she has already been convicted of some other offence constituted by his or her act.


Prosecution and punishment under one or more enactments
1091. Where an act constitutes an offence, punishable on summary conviction or on indictment, under the same enactment or under two or more enactments, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished accordingly under either or any of such enactments, but shall not be liable to be punished twice for the same offence.

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.