Friday 17 November 2017

Right of an accused person awaiting trial

A person who has been charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.
   Sec35(2) provides that any person who is arrested for detained shall have the right to remain silent or avoid answering any question untill after consultation with a legal practitioner or any person of his choice.
           
   Sec35(3) any person who is arrested or detained shall be informed in writing within twenty four hours (and In the language that he understands) of the facts and grounds of his arrest or detention.
     Sec35(4) any person who is arrested or detained in accordance with subsection(1)(c)(refer to previous page on the right to personal liberty) of this section shall be brought before a court of law within a reasonable time,and if he is not tried within    a period of-
         (a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitiled to bail;or
          (b) three months from the date of his arrest or detention in the case of a person who has been released on bail.
        Such person shall without prejudice be released either unconditionally or upon such condition as is reasonably necessary to ensure that he appears for trial at a later date.

           

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