Antigua and Barbuda

The Antigua and Barbuda Constitutional Order 1981

CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

PROVISION TO SECURE PROTECTION OF THE LAW

15.- 2. Every person who is charged with a criminal offence -

a. shall be presumed to be innocent until he is proved or has pleaded guilty ;

b. shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the nature of the offence with which he is charged ;

c. shall be given adequate time and facilities for the preparation of his defence ;

d. shall be permitted to defend himself before the court in person or by a legal practitioner of his own choice ;

e. shall be afforded facilities to examine in person or by his 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 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 cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence -

i. except where, under the provisions of any law entitling him thereto, he is given adequate notice of the charge, the date, time and place of the trial or continuance thereof and afforded a reasonable opportunity of appearing before the court ;
Provided that where the foregoing conditions have been complied with, and the court is satisfied that owing to circumstances beyond his control he cannot appear, the trial shall not take place or continue in his absence ; or
ii. unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

Keywords

Fair trial standards



EDIT.