Singapore legislation

Section 5

of Geneva Conventions Act 1973

Section 5

Legal representation of certain persons

(1)

The court before which —

(a)

any person is brought up for trial for an offence under section 3; or

(b)

a protected prisoner of war is brought up for trial for any offence,shall not proceed with the trial unless —

(c)

the accused is represented by counsel; and

(d)

it is proved to the satisfaction of the court that a period of at least 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel,and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, despite anything in any other written law, the court may remand the accused for the period of the adjournment.

(2)

Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the Protecting Power is to be regarded, without affecting the requirements of subsection (1)(d), for the purposes of that subsection as representing the accused.

(3)

If the court adjourns the trial pursuant to subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned pursuant to this subsection is to be regarded, without affecting the requirement of subsection (1)(d), for the purposes of that subsection as representing the accused.

(4)

Counsel must be assigned, pursuant to subsection (3), in such manner as the Minister may by order prescribe, and any counsel so assigned is entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe.