constituteproject.org PDF generated: 19 Feb 2021, 13:13 9. • Protection from false imprisonment • Privileges for juveniles in criminal process • Right to fair trial • Right to speedy trial • Emergency provisions Proceedings under clause (8) shall be dealt with as a matter of urgency by the Supreme Court and shall take priority over other proceedings of the Court listed for hearing on that day. 10. A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them. 11. A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person. 12. An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender of suspect. 13. A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect. 14. Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence. 15. A person shall not be imprisoned merely on the ground of the inability to fulfill a contractual obligation. 16. Clause (15) shall not limit the powers of a court under any law in enforcing is orders. 19. 1. Every person charged with an offence has the right, unless the charge is withdrawn, to a fair hearing within a reasonable time by an independent and impartial court established by law. 2. Every person who is charged with an offence- • Presumption of innocence in trials a. is innocent until the person is proved or has pleaded guilty; b. shall be informed at the time the person is charged or as soon as is reasonably practicable, in, as far as is practicable, a language that the person understands and in detail, of the nature of the offence; c. shall be given adequate time and facilities to prepare a defence to the charge; • Right to counsel d. has a right to be defended before the court in person, or, at the person's own expense by a legal practitioner of the person's own choice or, where a law so provides, by a legal practitioner provided at public expense; • Right to examine evidence/witnesses e. has a right to examine, in person or by a legal practitioner, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on the person's behalf before the court on the same conditions as those applying to witnesses called by the prosecution; f. shall, as far as is practicable, have without payment the assistance of an interpreter if the person cannot understand the language used at the trial of the charge; g. shall not be compelled to testify at the trial or confess guilt; • Protection from self-incrimination Seychelles 1993 (rev. 2011) Page 9

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