Core Value 5: Is swift and communicates to detainees

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  • 1. Any person arrested is informed promptly of the charges against him or her.[1]
  • 2. The nature and cause of any criminal charge is communicated to the accused promptly and in detail in a language that he or she understands.[2]
  • 3. Every person arrested or detained on a criminal charge is brought promptly before a judge or other officer authorized by law to exercise judicial power and is entitled to trial within a reasonable time or to release. It is not presumed that persons awaiting trial are to be detained in custody. Rather, release may be subject to guarantees to appear for trial or at any other stage of the judicial proceedings, but consideration may be given to the risk of danger to the community, if any.[3]
  • 4. Every person deprived of liberty by arrest or detention is entitled to a judicial determination, without delay, on the lawfulness of his or her detention and is promptly released if the detention is not lawful.[4]
  • 5. Every person accused of a crime is entitled to proceed to trial or enter a guilty plea without undue delay.[5]
  • 6. Any appeal of a criminal adjudication is decided without undue delay.

See Core Values

References

  1. ICCPR, Art. 9.
  2. ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.
  3. ICCPR, Art. 9.
  4. ICCPR, Art. 9.
  5. ICCPR, Art. 14; CRC, Art. 40;CMW, Art. 18.