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

Revision as of 12:05, 21 May 2010