'Rights during trial - present at trial' 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 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.

RELEVANT ROME STATUTE PROVISIONS

Article 63
Trial in the presence of the accused
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 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