Nauru

Constitution of Nauru

PART II.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Provision to secure protection of law

10. (2.) A person charged with an offence shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court.

(3.) A person charged with an offence -

(a) shall be presumed innocent until proved guilty according to law ;
(b) shall be informed promptly in a language that he understands and in detail 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 have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge ;
(e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or to have a legal representative assigned to him in a case where the interests of justice so require and without payment by him in any such case if he does not, in the opinion of the court, have sufficient means to pay the costs incurred ; and
(f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution,

and, except with his own consent, the trial shall not take place in his absence 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



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