PROVISIONS AS TO CERTAIN LEGAL PROCEEDINGS
Notice of trial of protected persons
6. (1) The court before which -
(a) a protected prisoner of war is brought up for trial for any offence; or
(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of 2 years or more,
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously -
(i) on the protecting Power; and
(ii) if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.
(2) The particulars referred to in subsection (1) are -
(a) the full name and description of the accused, including -
(i) the date of his birth; and
(ii) his profession or trade, if any; and
(iii) if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) his place of detention, internment or residence;
(c) the offence with which he is charged; and
(d) the court before which the trial is to take place and the time and place
appointed for the trial.
(3) For the purpose of this section a document purporting -
(a) to be signed on behalf of the protecting Power or by the prisoners’ representative or by the person accused, as the case may be; and
(b) to be an acknowledgement of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this session,
shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day.
(4) In this section the expression -
"prisoners’ representative", in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions or prisoners’ representative within the meaning of Article 79 of the Third Geneva Convention were exercisable in relation to that prisoner at the camp at which that prisoner was, at or last before that time, detained as a protected prisoner of war.
(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be compiled with may, notwithstanding anything in any other enactment, remand the accused for the period of adjournment.
Legal representation of certain persons
7. (1) The court before which -
(a) any person is brought up for trial for an offence under section 3; 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 14 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, then, notwithstanding anything in any other enactment, the court may remand the accused for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of an 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 subsection (1)(ii), be regarded for the purposes of subsection (1) as representing the accused.
(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by an advocate -
(a) the court shall direct that an advocate be assigned to watch over the
interests of the accused at any further proceedings in connection with the offence; and
(b) at such further proceedings, in the absence of an advocate either
accepted by the accused as representing him or instructed as mentioned in subsection (2), the advocate assigned in pursuance of this subsection shall, without prejudice to the requirements of subsection (1)(ii), be regarded for the purposes of subsection (1) as representing the accused.
(4) An advocate shall be assigned in pursuance of subsection (3) in such manner as the Minister may be regulations prescribe, and any advocate so assigned shall be entitled to be paid out of moneys appropriated by the Maneaba ni Maungatabu such sums in respect of fees and disbursements as the Minister may by regulations prescribe.
(5) In this section "advocate" means, in relation to proceedings before any court, a legal practitioner who has a right of audience in that court.
Reduction of sentence and custody of protected persons
8. (1) It shall be lawful or the Minister, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there shall be deducted from that term a period not exceeding the period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.
(2) It shall be lawful for the Minister, in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), for an aggregate period of not less than 3 months, to direct that the prisoner shall be –
(a) transferred from that custody to the custody of an officer of the disciplined forces of Kiribati and thereafter remain in custody of that force at a camp or place in which protected prisoners of war are detained; and
(b) brought before the court at the time appointed by the remand or committal order.
EDIT.