Gambia

Constitution of the Second Republic of The Gambia

CHAPTER IV: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

24. Provisions to secure protection of the law and fair play

(3) Every person who is charged with a criminal offence -

(a) shall be presumed innocent until he or she is proved, or has pleaded, guilty ;
(b) shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged ;
(c) shall be given adequate time and facilities for the preparation of his or her defence ;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice ;
Provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the state ;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution ; and
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.

Keywords

Fair trial standards



EDIT.