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the draft constitution of the commonwealth of grenada

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(a) presumed to be innocent until he or she is<br />

proved to be or has pleaded guilty;<br />

(b) informed, as soon as is reasonably<br />

practicable in a language that he or she<br />

understands and in detail, <strong>of</strong> <strong>the</strong> nature <strong>of</strong> <strong>the</strong><br />

<strong>of</strong>fence charged;<br />

(c) allowed <strong>the</strong> assistance <strong>of</strong> Counsel <strong>of</strong> his or<br />

her choice and adequate time for <strong>the</strong><br />

preparation <strong>of</strong> his or her defence;<br />

(d) provided with Counsel if, to <strong>the</strong> satisfaction<br />

<strong>of</strong> <strong>the</strong> court, he or she is unable to retain<br />

private counsel;<br />

(e) confronted with <strong>the</strong> witnesses for <strong>the</strong><br />

prosecution;<br />

(f) afforded compulsory process for obtaining<br />

witnesses for his or her defence; and shall<br />

not be compelled to be a witness for or<br />

(g)<br />

against <strong>the</strong> defence; and<br />

permitted to have without payment <strong>the</strong><br />

assistance <strong>of</strong> an interpreter if he or she<br />

cannot understand <strong>the</strong> language used at <strong>the</strong><br />

trial <strong>of</strong> <strong>the</strong> charge.<br />

(3) Except with his or her consent, a person’s trial shall<br />

not take place in his or her absence unless he or she so conducts<br />

himself or herself in such a manner as to render proceedings in his<br />

or her presence impracticable and <strong>the</strong> court has ordered <strong>the</strong> trial to<br />

proceed in his or her absence.<br />

(4) When a person is tried for a criminal <strong>of</strong>fence, <strong>the</strong><br />

accused person or a person authorised by him or her shall, if <strong>the</strong><br />

accused person so requires and subject to payment <strong>of</strong> such<br />

reasonable fee as may be prescribed by law, be given within a<br />

reasonable time after judgment for his or her use a copy <strong>of</strong> any<br />

record <strong>of</strong> <strong>the</strong> proceedings made by or on behalf <strong>of</strong> <strong>the</strong> court.<br />

(5) A person shall not be held to be guilty <strong>of</strong> a criminal<br />

<strong>of</strong>fence on account <strong>of</strong> any act or omission that did not, at <strong>the</strong> time<br />

<strong>the</strong> act or omission took place, constitute such an <strong>of</strong>fence; and a<br />

penalty shall not be imposed for any criminal <strong>of</strong>fence that is more<br />

severe in degree or nature than <strong>the</strong> most severe penalty that might<br />

have been imposed for that <strong>of</strong>fence at <strong>the</strong> time when <strong>the</strong> <strong>of</strong>fence<br />

was committed.<br />

(6) A person who shows that he or she has been tried by<br />

a competent court for a criminal <strong>of</strong>fence and was ei<strong>the</strong>r convicted<br />

or acquitted shall not again be tried for that <strong>of</strong>fence or for any o<strong>the</strong>r<br />

criminal <strong>of</strong>fence <strong>of</strong> which he or she could have been convicted at<br />

<strong>the</strong> trial for that <strong>of</strong>fence, except upon <strong>the</strong> order <strong>of</strong> a superior court<br />

in <strong>the</strong> course <strong>of</strong> appeal proceedings relating to <strong>the</strong> conviction or<br />

acquittal.<br />

(7) A person shall not be tried for a criminal <strong>of</strong>fence if<br />

he or she shows that he or she has been granted a pardon for <strong>the</strong><br />

<strong>of</strong>fence with which he or she has been charged.<br />

16

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