Difference between revisions of "Right to Notice of Charges"

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'''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===
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== 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===
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== Rights at Trial ==
* [[Right to a Fair Trial]]
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* [[Double Jeopardy]]
* [[Right to Notice of Charges]]
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* [[Legality Principle]]
* Right to Trial by Jury
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* [[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]]
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* Right to Trial by Jury
* [[Presumption of Innocence]]
 
* [[Double Jeopardy]]
 
 
 
===Sentencing===
 
  
* Right to sentence free of torture
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== 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===
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== Rights in Prison ==

Revision as of 13:26, 1 June 2010

Background

In order for a prosecution to be fair, the defendant must be given an opportunity to defend his or herself against the state apparatus. One essential element of a fair trial is fair and adequate notice of what charges are being brought against the defendant. Notice should be given in writing, with adequate time for the defense to conduct independent investigation into the factual foundation of the charges.


International Sources

International Covenant on Civil and Political Rights

Article 14, Section 3-

In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;"

Examples of Right to Notice of Charges

Kenya

Constitution

  • 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;
    • (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;
    • (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
    • (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)

  • 134. Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

Tanzania

Criminal Procedure Act (1985)

  • 131. Immediately after police officer charges a suspect with an offence, the police officer shall caution the person in writing and if practicable orally, in the prescribed manner
  • 132. Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

Uganda

Constitution


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

Rights of the accused

Table of Contents

Rights/ Protections from Police

Rights during Detention

Rights at Trial

Sentencing

Rights in Prison