provision was made at the time it was committed. Punishment is personal and can be imposed only
on the offender.
56. Section 5 of the Constitution states that no person shall be deprived of his personal liberty
save as may be authorised by law in a number of circumstances including where there is the need
to ensure his appearance in Court. Moreover, if a person is not tried within a reasonable time, he
should be released with or without conditions without prejudice to the appropriate authority’s
power to bring fresh proceedings subsequently, including his right to be released on bail. Section
10 of the Constitution lays down provisions to secure the protection of the law. Every person
charged with a criminal offence shall be presumed to be innocent until he is proved guilty. He shall
be informed as soon as reasonably practicable of the nature of the offence in a language that he
understands. He shall be given adequate time and facilities for the preparation of his defence. He
shall be permitted to defend himself in person or by a legal representative of one’s own choice or
by a legal representative provided at the public expense (under the Legal Aid and Legal Assistance
Act, subject to eligibility conditions being satisfied). Where he cannot understand the language
used at the trial, he shall be permitted, without payment, the assistance of an interpreter.
57. The Criminal Appeal Act was amended in 2013 to provide, inter alia, that a convicted person
may apply to the Court of Criminal Appeal for a review of the proceedings relating to conviction
before the Supreme Court. The Court of Criminal Appeal may, in the course of the review
proceedings, quash the acquittal or conviction and order a retrial. The Act further provides where
a person has been acquitted following a trial before the Supreme Court or appellate proceedings
before the Court, the Director of Public Prosecutions may, apply to the Court for a review of the
proceedings relating to the acquittal.
58. The Bail Act sets out the grounds on which bail may be refused by the court as well as the
conditions that may be imposed by the court for the release of the defendant or detainee.
59. A person who is arrested may claim the right to remain silent under Section 15 of the District
and Intermediate Courts (Criminal Jurisdiction) Act. No inducement to be offered to prisoner:
(1) An officer after the arrest of a person shall not offer him any inducement by threat, promise
or otherwise to make any disclosure, but shall inform him of the cause of his arrest and leave
him free to speak or keep silent.
(2) Where the prisoner is brought before the Magistrate, he shall be deemed to be in the custody
of the officer until he is discharged, bailed or committed to prison.
60. Statements obtained through torture are not invoked as evidence in any proceedings. (The
case of Rudolph Jean Jacques v State 2012 SCJ 181 is one of the instances where the Supreme
Court exercising appellate jurisdiction quashed a conviction on the ground that the trial Court
should have held that the statement of the accused was inadmissible).
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