5. Legal Representation
(1) The court before which—
(a) any person is brought up for trial for an offence under section 3 of this Act; or
(b) a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial, unless—
(i) the accused is represented by an advocate; and
(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the advocate,
and, if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, the court may, notwithstanding any other written law, remand the accused for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, and there is no advocate accepted by the accused as representing him, an advocate instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.
(3) Where the court adjourns the trial in pursuance of subsection (1) of this section because the accused is not represented by an advocate, the court shall direct that an advocate be assigned to watch over the interests of the accused at any further proceedings in connexion with the offence.
(4) At any such further proceedings, if there is no advocate accepted by the accused as representing him or instructed in pursuance of subsection (2) of this section, an advocate assigned in pursuance of subsection (3) of this section shall, without prejudice to the requirements of paragraph (ii) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.
(5) An advocate shall be assigned in pursuance of subsection (3) of this section in such manner as may be prescribed by the Minister, by notice in the Gazette, and any advocate so assigned shall be entitled to be paid by Minister, out of moneys provided by Parliament such sums in respect of fees and disbursements as the Minister may direct.
Rights during trial - legal assistance
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