Difference between revisions of "Right to a Speedy Trial"
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In cases involving punishment of more than ten years; the charge sheet has to be submitted within a period of sixty days by the prosecuting agency.23 The following factors should be considered in determining whether an accused's right to a fair trial has been compromised: period of the delay, reason for the delay, whether the accused asserted his right, and prejudice to the accused. Loss of evidence, such as the death of a key witness, or the inability of witnesses to testify accurately after a long delay, can be powerful | In cases involving punishment of more than ten years; the charge sheet has to be submitted within a period of sixty days by the prosecuting agency.23 The following factors should be considered in determining whether an accused's right to a fair trial has been compromised: period of the delay, reason for the delay, whether the accused asserted his right, and prejudice to the accused. Loss of evidence, such as the death of a key witness, or the inability of witnesses to testify accurately after a long delay, can be powerful | ||
tools for the defense. | tools for the defense. | ||
+ | |||
+ | ===Kenya=== | ||
+ | |||
+ | Constitution | ||
+ | |||
+ | * 72(3) A 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 | ||
+ | (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 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 | ||
+ | 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. | ||
+ | |||
+ | 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=== |