'Rights during trial - legal assistance' in document 'Saint Lucia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER THREE
Procedure

PART IV
SUMMARY PROCEEDINGS

Sub-Part A - Trial of Summary Offences

Procedure on Parties Appearing

Appearance in person or by counsel
692. Both the complainant and the defendant are entitled to con¬duct their respective cases in person or by counsel.

CHAPTER THREE
Procedure

PART V
PRELIMINARY INQUIRIES AND COMMITTAL PROCEEDINGS

SUB-PART B
PROCEEDINGS TO COMPEL APPEARANCE OF ACCUSED AND WITNESS

Committal Proceedings


Discharge or committal for trial
797.— (2) (a) the accused or one of the accused has no counsel acting for him or her in the case; or

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.

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.

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