Part III—Legal proceedings in respect of protected persons
12 Legal representation of prisoners of war
(1) The court before which a protected prisoner of war is brought up
for trial for an offence shall not proceed with the trial unless:
(a) the accused is represented by counsel; 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 solicitor by whom that counsel was instructed;
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 law, the court may remand the accused for the period of the adjournment.
(2) In the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of that subsection 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 counsel, the court shall direct that a solicitor and counsel 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 counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of subsection (1) as representing the accused.
(4) In relation to any proceedings before a court before which the accused may be represented by a solicitor, subsections (1), (2) and (3) shall be construed, with any necessary modifications, as if references in those provisions to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court, in giving a direction under subsection (3), may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection.
(5) A solicitor or counsel shall be assigned in pursuance of subsection (3) in such manner as is provided by the regulations or, in the absence of provision in the regulations, as the court directs, and the fees and costs of any solicitor or counsel so assigned shall be paid by the Commonwealth .
13 Appeals by protected prisoners of war and internees
(1) 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, any time allowed in relation to the institution of an appeal against the conviction or sentence shall be deemed to continue to run until the day on which the convicted person receives a notice given:
(a) in the case of a protected prisoner of war—by an officer in the Defence Force; or
(b) in the case of a protected internee—by or on behalf of the governor or other person in charge of the prison or place in which he or she is confined;
that the protecting power has been notified of his or her conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day.
(2) Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been determined, the sentence remains or has become a sentence of imprisonment for a term of 2 years or more, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in paragraph (1)(a) or (b), as the case may require, that the protecting power has been notified of the decision of the court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day.
(3) Where subsection (1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of a law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his or her conviction or sentence is possible without an extension of time other than the extension provided by subsection (2).
(5) Subsections (1), (2) and (3) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.
14 Reduction of sentence and custody of protected prisoners of war and internees
(1) 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.
(2) Where the Attorney-General is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than 3 months, the Attorney-General may direct that the prisoner shall be transferred from that custody to the custody of an officer of the Defence Force and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at
the time appointed for his or her trial.
EDIT.