PART 3 – LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS

10. Legal representation

(1) The court before which –

(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him to imprisonment for a term of 2 years or more,

shall not proceed with the trial unless –

(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that counsel had a period of not less than 14 days before the opening of the trial to prepare the defence of the accused.

(2) If the court adjourns the trial for the purpose of enabling the requirements of subsection (1) to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment.

(3) If the court adjourns the trial in accordance with subsection (1)(i), the court shall direct that counsel be assigned to watch over the interest of the accused at any further proceedings in connection with the offence.

(4) In the absence of counsel accepted by the accused as representing him, the counsel assigned in accordance with subsection (3) shall, without prejudice to the requirements of subsection (1)(ii), be regarded as representing the accused.

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