Legal representation of prisoners of war
5. (1) The court before which a protected prisoner of war (in this section
referred to as an accused) is brought up for trial for an offence may not proceed with the trial unless -
(a) the accused is represented by a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995); and
(b) 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 legal practitioner who is representing the accused,
and, if the court adjourns the trial for the purpose of enabling the requirements of this
subsection to be complied with, then, notwithstanding anything to the contrary in any
other law contained, the court may remand the accused for the period of the adjournment.
(2) In the absence of a legal practitioner accepted by an accused as representing him or her, the legal practitioner instructed for that purpose on behalf of the protecting power is, without prejudice to the requirements of paragraph (b) of subsection (1), regarded for the purposes of that subsection as representing the accused.
(3) If the court adjourns a trial in terms of subsection (1) by reason that the accused is not represented by a legal practitioner, the court must direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), the legal practitioner assigned in terms of this subsection is, without prejudice to the requirements of paragraph (b) of subsection (1), regarded for the purposes of the last-mentioned subsection as representing the accused.
(4) The Legal Aid Act, 1990 (Act No. 29 of 1990), applies with the necessary changes in relation to the manner in which a legal practitioner must be assigned in terms of this section and in relation to the remuneration payable to any such legal practitioner on the completion of his or her duties.
Rights during trial - legal assistance
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