of arrest onwards. (Article 12 (6) PCPC)
The arrested person has the right to communicate confidentially with defence
counsel orally and in writing. Communications between an arrested person and
his or her defence counsel may be within sight but not within the hearing of a
police officer. (Article 213 (3) PCPC)
During all examinations by the police, an arrested person has the right to the
presence of defence counsel. If defence counsel does not appear within two
hours of being informed of the arrest, the police shall arrange alternative defence
counsel for him or her. Thereafter, if the alternative defence counsel does not
appear within one hour of being contacted by the police, the arrested person
may be examined only if the public prosecutor or the police determine that further
delay would seriously impair the conduct of the investigation. (Article 218 (1)
PCPC)
Everyone charged with a criminal offence has the following minimum rights:
(Article 6 (3)ECHR)
to defend himself in person or through legal assistance of his own choosing or,
if he has not
sufficient means to pay for legal assistance, to be given it free when the interests
of justice so require; (Article 6 (3) (c) ECHR)
In the determination of any criminal charge against him, everyone shall be entitled
to the following minimum guarantees, in full equality: (Article 14 (3) ICCPR)
To have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing; (Article 14 (3) (b) ICCPR)
To be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; and to have legal assistance assigned to him, in any
case where the interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it; (Article 14 (3)
(d) ICCPR)
15
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