PART 3 – LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS
7. Notice of trial
(1) The court before which –
(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him 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 written notice of the trial containing the particulars mentioned in subsection (2), so far as they are known to the prosecution, has been served on the accused and his protecting power, not less than 3 weeks before the commencement of the trial, and where the accused is a protected prisoner of war, to his prisoners’ representative.
(2) The notice referred to in subsection (1) shall state –
(a) the full name of the accused and a description of him, including the date of his birth, his profession or trade, if any, and if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) the accused’s place of detention, internment or residence;
(c) the offence with which the accused is charged; and
(d) the court before which the trial of the accused is to take place and the time and place appointed for the trial.
8. Time for appeal
Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, the time allowed for an appeal against the conviction or sentence or against the decision of a court of appeal not to allow, to dismiss or quash the conviction or sentence shall run from the day on which the protecting power has been notified of the conviction and sentence by the Minister.
9. Reduction of sentence
When a protected prisoner of war or a protected internee is convicted of an offence, the court shall–
(a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and
(b) in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account.
10. Legal representation
(1) The court before which –
(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him to imprisonment for a term of 2 years or more,
shall not proceed with the trial unless –
(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that counsel had a period of not less than 14 days before the opening of the trial to prepare the defence of the accused.
(2) If the court adjourns the trial for the purpose of enabling the requirements of subsection (1) to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment.
(3) If the court adjourns the trial in accordance with subsection (1)(i), the court shall direct that counsel be assigned to watch over the interest of the accused at any further proceedings in connection with the offence.
(4) In the absence of counsel accepted by the accused as representing him, the counsel assigned in accordance with subsection (3) shall, without prejudice to the requirements of subsection (1)(ii), be regarded as representing the accused.
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