Lesotho - Revision history

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:38:24Z

4.4 Pre-trial detention

← Older revision		Revision as of 13:38, 13 March 2018
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	''(a) For the purpose of bringing him before a court in execution of the order of a court; or		''(a) For the purpose of bringing him before a court in execution of the order of a court; or
	(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,''		''(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,''

	''and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''		''and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:37:49Z

4.4 Pre-trial detention

← Older revision		Revision as of 13:37, 13 March 2018
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	''(a) For the purpose of bringing him before a court in execution of the order of a court; or		''(a) For the purpose of bringing him before a court in execution of the order of a court; or
	(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,''		(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,''

	''and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''		''and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:37:28Z

4.4 Pre-trial detention

← Older revision		Revision as of 13:37, 13 March 2018
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	''(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.		''(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

	(3) Any person who is arrested or detained:		''(3) Any person who is arrested or detained:''

	(a) For the purpose of bringing him before a court in execution of the order of a court; or		''(a) For the purpose of bringing him before a court in execution of the order of a court; or
	(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,		(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,''

			''and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''

	and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''
	''
	Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.		Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:36:36Z

4.4 Pre-trial detention

← Older revision		Revision as of 13:36, 13 March 2018
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	(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.		''(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

	(3) Any person who is arrested or detained:		(3) Any person who is arrested or detained:
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	and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''		and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.''
			''
	Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.		Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:33:03Z

4.4 Pre-trial detention

← Older revision		Revision as of 13:33, 13 March 2018
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	''As the right to personal liberty is protected, section 6 of the Constitution determines as follows:		''As the right to personal liberty is protected, section 6 of the Constitution determines as follows:


	(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.		(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

IBJadmin: /* 4.4 Pre-trial detention */

2018-03-13T11:32:32Z

4.4 Pre-trial detention

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	An arrested person can either be released by reason that no charge is to be brought otherwise accused must be taken to a subordinate court of competent jurisdiction as soon as possible. An exception is also available when the magistrate is not available. In such cases, one can remain in custody.		An arrested person can either be released by reason that no charge is to be brought otherwise accused must be taken to a subordinate court of competent jurisdiction as soon as possible. An exception is also available when the magistrate is not available. In such cases, one can remain in custody.


	''As the right to personal liberty is protected, section 6 of the Constitution determines as follows:		''As the right to personal liberty is protected, section 6 of the Constitution determines as follows:
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	Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.		Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.



	===4.5 Searches===		===4.5 Searches===

IBJadmin: /* 3.1 National Sources of defendant's rights */

2018-03-13T11:30:38Z

3.1 National Sources of defendant's rights

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	''<u>Right to Personal Liberty (Section 6 of the Constitution)</u>''		''<u>Right to Personal Liberty (Section 6 of the Constitution)</u>'':

IBJadmin: /* 3.1 National Sources of defendant's rights */

2018-03-13T11:30:06Z

3.1 National Sources of defendant's rights

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	''Fundamental human rights and freedoms (Section 4(1) of the Constitution)'':		''<u>Fundamental human rights and freedoms (Section 4(1) of the Constitution)</u>'':


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	''Right to Personal Liberty (Section 6 of the Constitution)''		''<u>Right to Personal Liberty (Section 6 of the Constitution)</u>''


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	'''Legislation'''		'''<u>Legislation</u>'''


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	* The Criminal Procedure and Evidence Act 1991 as amended		* The Criminal Procedure and Evidence Act 1991 as amended


	===3.2 International Sources of defendant’s rights===		===3.2 International Sources of defendant’s rights===

IBJadmin: /* 5.12 Right to impartial judge */

2018-03-13T11:26:48Z

5.12 Right to impartial judge

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	===5.12 Right to impartial judge===		===5.12 Right to impartial judge===
	<br />		<br />


	Section 12(8) of the Lesotho Constitution provides that any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time.		Section 12(8) of the Lesotho Constitution provides that any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time.

	The Constitution further states that the judiciary shall be independent and free from interference, subject only to the Constitution or any other law.		The Constitution further states that the judiciary shall be independent and free from interference, subject only to the Constitution or any other law.


	===5.13 Right to appeal===		===5.13 Right to appeal===

IBJadmin: /* 5. Rights of the accused at all time */

2018-03-13T11:26:34Z

5. Rights of the accused at all time

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	===5.11 Right to trial by jury===		===5.11 Right to trial by jury===


	<br />		<br />

	There is no trial by jury in Lesotho.		There is no trial by jury in Lesotho.


	===5.12 Right to impartial judge===		===5.12 Right to impartial judge===