CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Plea of Autrefois Acquit or Autrefois Convict or Pardon

Non-appearance of accused
876. When any person against whom an indictment has been duly preferred, is at large and does not appear to plead to the indictment, whether he or she is under recognizance to appear or not —
(a) the Court may issue a warrant for his or her arrest;
(b) the Registrar shall, at any time after the end of the sitting of the Court at which the accused person ought to have appeared and pleaded, grant to the prosecutor, upon application made on his or her behalf and upon payment of five dollars, a certificate of such indictment having been preferred;
(c) upon production of the certificate to any Magistrate or Justice of the Peace, the Magistrate or Justice shall issue a warrant to arrest the accused, and to cause him or her to be brought be¬fore the Magistrate or Justice, to be dealt with according to law;
(d) if it is proved upon oath before a Magistrate that any person arrested and brought before him or her on such warrant is the person charged and named in the indictment, the Magistrate shall, without further inquiry or examination, either commit to correctional facility by a warrant or release him or her on bail, and if it appears that the accused had, without reasonable excuse, broken his or her recognizance to appear, he or she shall not be entitled to bail as of right;
(e) if it is proved upon oath before the Magistrate or Justice of the Peace that the accused person is, at the time of the application and production of the certificate, confined in a correctional facility for any other offence than that charged in the indictment, the Magistrate or Justice of the Peace shall issue a warrant directed to the correctional officer, commanding him or her to detain the person in custody until he or she is, by lawful authority, removed from custody.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.

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.