CHAPTER 2 - BILL OF RIGHTS
Rights of arrested and detained persons
SECTION 13
(1) Every person who is arrested or detained has the right—
(a) to be informed promptly, in a language that he or she understands, of—
(i) the reason for the arrest or detention and the nature of any charge that may be brought against that person;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent ;
(b) to remain silent;
(c) to communicate with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the Legal Aid Commission;
(d) not to be compelled to make any confession or admission that could be used in evidence against that person;
(e) to be held separately from persons who are serving a sentence, and in the case of a child, to be kept separate from adults unless that is not in the best interests of the child;
(f) to be brought before a court as soon as reasonably possible, but in any case not later than 48 hours after the time of arrest, or if that is not reasonably possible, as soon as possible thereafter;
(g) at the first court appearance, to be charged or informed of the reasons for the detention to continue, or to be released ;
(h) to be released on reasonable terms and conditions, pending a charge or trial, unless the interests of justice otherwise require;
(i) to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released ;
(j) to conditions of detention that are consistent with human dignity, including at least the opportunity to exercise regularly and the provision, at State expense, of adequate accommodation, nutrition, and medical treatment; and
(k) to communicate with, and be visited by,—
(i) his or her spouse, partner or next-of-kin; and
(ii) a religious counsellor or a social worker.
(2) Whenever this section requires information to be given to a person, that information must be given simply and clearly in a language that the person understands.
(3) A person who is deprived of liberty by being detained, held in custody or imprisoned under any law retains all the rights and freedoms set out in this Chapter, except to the extent that any particular right or freedom is incompatible with the fact of being so deprived of liberty.
Rights of accused persons
SECTION 14
(1) A person shall not be tried for—
(a) any act or omission that was not an offence under either domestic or international law at the time it was committed or omitted; or
(b) an offence in respect of an act or omission for which that person has previously been either acquitted or convicted.
(2) Every person charged with an offence has the right—
(a) to be presumed innocent until proven guilty according to law;
(b) to be informed in legible writing, in a language that he or she understands, of the nature of and reasons for the charge;
(c) to be given adequate time and facilities to prepare a defence, including if he or she so requests, a right of access to witness statements;
(d) to defend himself or herself in person or to be represented at his or her own expense by a legal practitioner of his or her own choice, and to be informed promptly of this right or, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the Legal Aid Commission, and to be informed promptly of this right ;
(e) to be informed in advance of the evidence on which the prosecution intends to rely, and to have reasonable access to that evidence;
(f) to a public trial before a court of law, unless the interests of justice otherwise require;
(g) to have the trial begin and conclude without unreasonable delay;
(h) to be present when being tried, unless—
(i) the court is satisfied that the person has been served with a summons or similar process requiring his or her attendance at the trial, and has chosen not to attend; or
(ii) the conduct of the person is such that the continuation of the proceedings in his or her presence is impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence;
(i) to be tried in a language that the person understands or, if that is not practicable, to have the proceedings interpreted in such a language at State expense;
(j) to remain silent, not to testify during the proceedings, and not to be compelled to give self-incriminating evidence, and not to have adverse inference drawn from the exercise of any of these rights;
(k) not to have unlawfully obtained evidence adduced against him or her unless the interests of justice require it to be admitted;
(l) to call witnesses and present evidence, and to challenge evidence presented against him or her;
(m) to a copy of the record of proceedings within a reasonable period of time and on payment of a reasonably prescribed fee;
(n) to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing; and
(o) of appeal to, or review by, a higher court.
(3) Whenever this section requires information to be given to a person, that information must be given as simply and clearly as practicable, in a language that the person understands.
(4) A law is not inconsistent with subsection (1)(b) to the extent that it—
(a) authorises a court to try a member of a disciplined force for a criminal offence despite his or her trial and conviction or acquittal under a disciplinary law; and
(b) requires the court, in passing sentence, to take into account any punishment awarded against the member under the disciplinary law.
Access to courts or tribunals
SECTION 15
(1) Every person charged with an offence has the right to a fair trial before a court of law.
(2) Every party to a civil dispute has the right to have the matter determined by a court of law or if appropriate, by an independent and impartial tribunal.
(3) Every person charged with an offence and every party to a civil dispute has the right to have the case determined within a reasonable time.
(4) The hearings of courts (other than military courts) and tribunals established by law must be open to the public unless the interests of justice require otherwise.
(5) Subsection (4) does not prevent—
(a) the making of laws relating to the trials of children, or to the determination of family or domestic disputes, in a closed court; or
(b) the exclusion by a court or tribunal from particular proceedings (except the announcement of the decision of the court or tribunal) of a person other than parties and their legal representatives if a law empowers it to do so in the interests of justice, public morality, the welfare of children, personal privacy, national security, public safety or public order.
(6) Every person charged with an offence, every party to civil proceedings, and every witness in criminal or civil proceedings has the right to give evidence and to be questioned in a language that he or she understands.
(7) Every person charged with an offence and every party to civil proceedings has the right to follow the proceedings in a language that he or she understands.
(8) To give effect to the rights referred to in subsections (6) and (7), the court or tribunal concerned must, when the interests of justice so require, provide, without cost to the person concerned, the services of an interpreter or of a person competent in sign language.
(9) If a child is called as a witness in criminal proceedings, arrangements for the taking of the child’s evidence must have due regard to the child’s age.
(10) The State, through law and other measures, must provide legal aid through the Legal Aid Commission to those who cannot afford to pursue justice on the strength of their own resources, if injustice would otherwise result.
(11) If any fee is required to access a court or tribunal, it must be reasonable and must not impede access to justice.
(12) In any proceedings, evidence obtained in a manner that infringes any right in this Chapter, or any other law, must be excluded unless the interests of justice require it to be admitted.
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