Difference between revisions of "Right to a Speedy Trial"
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* 72(3) A person who is arrested or detained | * 72(3) A person who is arrested or detained | ||
| − | * (a) for the purpose of bringing him before a court in | + | **(a) for the purpose of bringing him before a court in execution of the order of a court; or |
| − | execution of the order of a court; or | + | **(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 | |
| − | or being about to commit, a criminal offence, | + | brought before a court within twenty-four hours of his arrest or from the commencement of his detention, or |
| − | + | within fourteen days of his arrest or detention where he is arrested or detained upon reasonable suspicion of his | |
| − | as soon as is reasonably practicable, and where he is not | + | having committed or about to commit an offence punishable by death, the burden of proving that the |
| − | brought before a court within twenty-four hours of his | + | person arrested or detained has been brought before a court as soon as is reasonably practicable shall rest upon |
| − | arrest or from the commencement of his detention, or | + | any person alleging that the provisions of this subsection have been complied with. |
| − | within fourteen days of his arrest or detention where he | ||
| − | is arrested or detained upon reasonable suspicion of his | ||
| − | having committed or about to commit an offence | ||
| − | punishable by death, the burden of proving that the | ||
| − | person arrested or detained 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 | ||
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| + | * 72(5) If a person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, | ||
| + | then without prejudice to any further proceedings that may be brought against him, he shall, unless he is charged with an offence punishable by death, be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. | ||
===Zimbabwe=== | ===Zimbabwe=== | ||
