(1) In the determination of civil rights and obligations or any criminal
charge, a person shall be entitled to a fair, speedy and public hearing before
an independent and impartial court or tribunal established by law.
(2) Nothing in clause (1) of this article shall prevent the court or
tribunal from excluding the press or the public from all or any proceedings
before it for reasons of morality, public order or national security, as may be
necessary in a free and democratic society.
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Every person who is charged with a criminal offence shall—
be presumed to be innocent until proved guilty or until that
person has pleaded guilty;
be informed immediately, in a language that the person
understands, of the nature of the offence;
be given adequate time and facilities for the preparation of his or
her defence;
be permitted to appear before the court in person or, at that
person’s own expense, by a lawyer of his or her choice;
in the case of any offence which carries a sentence of death or
imprisonment for life, be entitled to legal representation at the
expense of the State;
be afforded, without payment by that person, the assistance of an
interpreter if that person cannot understand the language used at
the trial;
be afforded facilities to examine witnesses and to obtain the
attendance of other witnesses before the court.
(4) Nothing done under the authority of any law shall be held to be
inconsistent with—
(a) clause (3)(a) of this article, to the extent that the law in question
imposes upon any person charged with a criminal offence, the
burden of proving particular facts;
(b) clause (3)(g) of this article, to the extent that the law imposes
conditions that must be satisfied if witnesses called to testify on
behalf of an accused are to be paid their expenses out of public
funds.
(5) Except with his or her consent, the trial of any person shall not
take place in the absence of that person unless the person so conducts himself
or herself as to render the continuance of the proceedings in the presence of