<< Chapter < Page Chapter >> Page >

ACCESS TO COURTS

  1. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

ARRESTED, DETAINED AND ACCUSED PERSONS

Everyone who is arrested for allegedly committing an offence has the right –

  • to remain silent;
  • to be informed promptly –
    • of the right to remain silent; and
    • of the consequences of not remaining silent;
  • not to be compelled to make any confession or admission that could be used in evidence against that person;
  • to be brought before a court as soon as reasonably possible, but not later than –
    • 48 hours after the arrest; or
    • the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;
  • at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and
  • to be released from detention if the interests of justice permit, subject to reasonable conditions.
  • Everyone who is detained, including every sentenced prisoner, has the right –
    1. to be informed promptly of the reason for being detained;
    2. to choose, and to consult with, a legal practitioner, and to be informed of this right promptly;
    3. to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
    4. to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released;
    5. to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and
    6. to communicate with, and be visited by, that person’s –
      1. spouse or partner;
      2. next of kin;
      3. chosen religious counsellor; and
      4. chosen medical practitioner.
  • Every accused person has a right to a fair trial, which includes the right –
    1. to be informed of the charge with sufficient detail to answer it;
    2. to have adequate time and facilities to prepare a defence;
    3. to a public trial before an ordinary court;
    4. to have their trial begin and conclude without unreasonable delay;
    5. to be present when being tried;
    6. to choose, and be represented by a legal practitioner, and to be informed of this right promptly;
    7. to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly.
    8. to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
    9. to be presumed innocent, to remain silent, and not to testify during the proceedings;
    10. to adduce and challenge evidence;
    11. not to be compelled to give self-incriminating evidence;
    12. to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language;
    13. not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted;
    14. not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted;
    1. to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and
    2. of appeal to, or review by, a higher court.
  • Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.
  • Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.

Questions & Answers

where we get a research paper on Nano chemistry....?
Maira Reply
nanopartical of organic/inorganic / physical chemistry , pdf / thesis / review
Ali
what are the products of Nano chemistry?
Maira Reply
There are lots of products of nano chemistry... Like nano coatings.....carbon fiber.. And lots of others..
learn
Even nanotechnology is pretty much all about chemistry... Its the chemistry on quantum or atomic level
learn
Google
da
no nanotechnology is also a part of physics and maths it requires angle formulas and some pressure regarding concepts
Bhagvanji
hey
Giriraj
Preparation and Applications of Nanomaterial for Drug Delivery
Hafiz Reply
revolt
da
Application of nanotechnology in medicine
what is variations in raman spectra for nanomaterials
Jyoti Reply
I only see partial conversation and what's the question here!
Crow Reply
what about nanotechnology for water purification
RAW Reply
please someone correct me if I'm wrong but I think one can use nanoparticles, specially silver nanoparticles for water treatment.
Damian
yes that's correct
Professor
I think
Professor
Nasa has use it in the 60's, copper as water purification in the moon travel.
Alexandre
nanocopper obvius
Alexandre
what is the stm
Brian Reply
is there industrial application of fullrenes. What is the method to prepare fullrene on large scale.?
Rafiq
industrial application...? mmm I think on the medical side as drug carrier, but you should go deeper on your research, I may be wrong
Damian
How we are making nano material?
LITNING Reply
what is a peer
LITNING Reply
What is meant by 'nano scale'?
LITNING Reply
What is STMs full form?
LITNING
scanning tunneling microscope
Sahil
how nano science is used for hydrophobicity
Santosh
Do u think that Graphene and Fullrene fiber can be used to make Air Plane body structure the lightest and strongest. Rafiq
Rafiq
what is differents between GO and RGO?
Mahi
what is simplest way to understand the applications of nano robots used to detect the cancer affected cell of human body.? How this robot is carried to required site of body cell.? what will be the carrier material and how can be detected that correct delivery of drug is done Rafiq
Rafiq
if virus is killing to make ARTIFICIAL DNA OF GRAPHENE FOR KILLED THE VIRUS .THIS IS OUR ASSUMPTION
Anam
analytical skills graphene is prepared to kill any type viruses .
Anam
Any one who tell me about Preparation and application of Nanomaterial for drug Delivery
Hafiz
what is Nano technology ?
Bob Reply
write examples of Nano molecule?
Bob
The nanotechnology is as new science, to scale nanometric
brayan
nanotechnology is the study, desing, synthesis, manipulation and application of materials and functional systems through control of matter at nanoscale
Damian
Is there any normative that regulates the use of silver nanoparticles?
Damian Reply
what king of growth are you checking .?
Renato
What fields keep nano created devices from performing or assimulating ? Magnetic fields ? Are do they assimilate ?
Stoney Reply
why we need to study biomolecules, molecular biology in nanotechnology?
Adin Reply
?
Kyle
yes I'm doing my masters in nanotechnology, we are being studying all these domains as well..
Adin
why?
Adin
what school?
Kyle
biomolecules are e building blocks of every organics and inorganic materials.
Joe
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
Privacy Information Security Software Version 1.1a
Good
Got questions? Join the online conversation and get instant answers!
Jobilize.com Reply

Get the best Algebra and trigonometry course in your pocket!





Source:  OpenStax, Lewensorientering graad 8. OpenStax CNX. Sep 12, 2009 Download for free at http://cnx.org/content/col11047/1.1
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'Lewensorientering graad 8' conversation and receive update notifications?

Ask