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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withdrawn, to a fair hearing within a reasonable time by an independent and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)
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