Right to Notice of Charges - Revision history

Jbraun: /* Kenya */

2010-11-17T14:21:13Z

Kenya

← Older revision		Revision as of 16:21, 17 November 2010
Line 14:		Line 14:

	===Kenya===		===Kenya===

			According to Section 89 of the CPC, criminal proceedings are instituted either by making of a complaint or by bringing before a magistrate of a person who has been arrested without warrant. After a complaint is properly made, a charge is drawn by a police officer or magistrate. As an essential component of a fair trial, the defendant is entitled, by virtue of Article 50(2) (b) of the Constitution, to sufficient notice of charges brought against him with sufficient detail to enable him to answer.

			The Rules for the framing of charges are outlined in Section 137 of the CPC. For a charge or information to constitute sufficient notice it must contain a statement of the specific offence or offences with which the accused person is charged and such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

			Failure to disclose an offence recognized under law will result to the dismissal of the charge. Section 89(5) the Criminal Procedure Code grants power to the magistrate to refuse to admit such a complaint or formal charge. Additionally, at the arraignment stage for trials before the High Court, an information that fails to state an offense which the accused had notice shall be quashed, Section 276 CPC.

	Constitution		Constitution
Line 41:		Line 47:
	Constitution		Constitution

	* 28(3) Every person who is charged with a criminal offence		* 28(3) Every person who is charged with a criminal offence shall�
	** (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;		** (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;
	** (b) be informed immediately, in a language that the person understands, of the nature of the offence;		** (b) be informed immediately, in a language that the person understands, of the nature of the offence;

Ibjadmin: /* Rights of the accused */

2010-06-08T20:29:45Z

Rights of the accused

@@ Line 46: / Line 46: @@
 ** (c) be given adequate time and facilities for the preparation of his or her defence.
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]

Ddemetriou at 13:06, 1 June 2010

2010-06-01T13:06:13Z

← Older revision		Revision as of 15:06, 1 June 2010
Line 49:		Line 49:

	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
Line 58:		Line 57:
	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
Line 64:		Line 63:
	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
Line 76:		Line 75:
	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
Line 84:		Line 83:
	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:26, 1 June 2010

2010-06-01T11:26:06Z

← Older revision		Revision as of 13:26, 1 June 2010
Line 50:		Line 50:
	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==

Ddemetriou at 07:52, 31 May 2010

2010-05-31T07:52:40Z

← Older revision		Revision as of 09:52, 31 May 2010
Line 45:		Line 45:
	** (b) be informed immediately, in a language that the person understands, of the nature of the offence;		** (b) be informed immediately, in a language that the person understands, of the nature of the offence;
	** (c) be given adequate time and facilities for the preparation of his or her defence.		** (c) be given adequate time and facilities for the preparation of his or her defence.

			== Rights of the accused ==

			'''Table of Contents'''

			===Rights with Police ===
			* [[Arrest]]
			* [[Right to Silence]]
			* [[Search and Seizure]]
			* [[Right to Counsel]]
			* [[Confessions]]
			* [[Pretrial Identification]]

			===Rights at Detention===
			* [[Right to Counsel]]
			* [[Right to Habeas Corpus]]
			* [[Right to be free of punishment]]
			* Right to medical care

			===Rights at Trial===
			* [[Right to a Fair Trial]]
			* [[Right to Notice of Charges]]
			* Right to Trial by Jury
			* [[Right to Compulsory Process]]
			* [[Right to Confront Witnesses]]
			* [[Right to a Speedy Trial]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Presumption of Innocence]]
			* [[Double Jeopardy]]

			===Sentencing===

			* Right to sentence free of torture
			* [[Right to sentence without cruel or unusual punishment]]
			* [[Death Sentence]]
			* Right to fines that are not excessive
			* [[Ex Post Facto Punishment]]
			* [[Right to Appeal]]

			===Rights in Prison===

Eeichler: /* Kenya */

2010-05-21T12:08:33Z

Kenya

← Older revision		Revision as of 14:08, 21 May 2010
Line 18:		Line 18:

	* 77(2) Every person who is charged with a criminal offence-		* 77(2) Every person who is charged with a criminal offence-

	** (a) shall be presumed to be innocent until he is proved or has pleaded guilty;		** (a) shall be presumed to be innocent until he is proved or has pleaded guilty;

	** (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;		** (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;

	** (c) shall be given adequate time and facilities for the preparation of his defence;		** (c) shall be given adequate time and facilities for the preparation of his defence;

	** (d) shall be pertained to defend himself before the court in person or by a legal representative of his own choice;		** (d) shall be pertained to defend himself before the court in person or by a legal representative of his own choice;

	** (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and		** (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

	** (f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court his ordered him to be removed and the trial to proceed in his absence.		** (f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court his ordered him to be removed and the trial to proceed in his absence.

Eeichler: /* Uganda */

2010-05-21T12:08:14Z

Uganda

← Older revision		Revision as of 14:08, 21 May 2010
Line 48:		Line 48:

	* 28(3) Every person who is charged with a criminal offence shall�		* 28(3) Every person who is charged with a criminal offence shall�

	** (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;		** (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;

	** (b) be informed immediately, in a language that the person understands, of the nature of the offence;		** (b) be informed immediately, in a language that the person understands, of the nature of the offence;

	** (c) be given adequate time and facilities for the preparation of his or her defence.		** (c) be given adequate time and facilities for the preparation of his or her defence.

Eeichler: /* Uganda */

2010-05-21T10:51:06Z

Uganda

← Older revision		Revision as of 12:51, 21 May 2010
Line 49:		Line 49:
	* 28(3) Every person who is charged with a criminal offence shall�		* 28(3) Every person who is charged with a criminal offence shall�

	*(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;		** (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;

	*(b) be informed immediately, in a language that the person understands, of the nature of the offence;		** (b) be informed immediately, in a language that the person understands, of the nature of the offence;

	*(c) be given adequate time and facilities for the preparation of his or her defence.		** (c) be given adequate time and facilities for the preparation of his or her defence.

Eeichler: /* Kenya */

2010-05-21T10:50:43Z

Kenya

← Older revision		Revision as of 12:50, 21 May 2010
Line 21:		Line 21:
	** (a) shall be presumed to be innocent until he is proved or has pleaded guilty;		** (a) shall be presumed to be innocent until he is proved or has pleaded guilty;

	* (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;		** (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;

	* (c) shall be given adequate time and facilities for the preparation of his defence;		** (c) shall be given adequate time and facilities for the preparation of his defence;

	* (d) shall be pertained to defend himself before the court in person or by a legal representative of his own choice;		** (d) shall be pertained to defend himself before the court in person or by a legal representative of his own choice;

	* (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and		** (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

	* (f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court his ordered him to be removed and the trial to proceed in his absence.		** (f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court his ordered him to be removed and the trial to proceed in his absence.

	Criminal Procedure Code (2009)		Criminal Procedure Code (2009)

Eeichler: /* Kenya */

2010-05-21T10:50:18Z

Kenya

← Older revision		Revision as of 12:50, 21 May 2010
Line 19:		Line 19:
	* 77(2) Every person who is charged with a criminal offence-		* 77(2) Every person who is charged with a criminal offence-

	* (a) shall be presumed to be innocent until he is proved or has pleaded guilty;		** (a) shall be presumed to be innocent until he is proved or has pleaded guilty;

	* (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;		* (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;