'Rights during investigation - legal assistance' in document 'Tanzania - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS

B. - Powers and Duties of Police Officers when Investigating Offences

(c) Duties when Interviewing Suspects

53. (c) (ii) that, subject to this Act, he may communicate with a lawyer, relative or friend.

PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS

B. - Powers and Duties of Police Officers when Investigating Offences

(c) Duties when Interviewing Suspects

54.-(1) Subject to subsection (2), a police officer shall, upon request by a person who is under restraint, cause reasonable facilities to be provided to enable the person to communicate with a lawyer, a relative or friend of his choice.

(2) A police officer may refuse under subsection (1) for the provision of facilities for communicating with a person being a relative or friend of a person under restraint, if the police officer believes on reasonable grounds that it is necessary to prevent the person under restraint from communicating with the person for the purpose of preventing–

the escape of an accomplice of the person under restraint; or
the loss, destruction or fabrication of evidence relating to the offence.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
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:
(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