Section 4: Trial of protected persons

4. Trial of protected persons (1) The Court before which— (a) a protected prisoner of war is brought up for trial for any offence; or (b) a protected internee is brought up for trial for an offence for which that Court has power to sentence him to death or to penal servitude, G8 – 3 [Issue 1] shall not proceed with the trial until it is proved to the satisfaction of the Court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the protecting power (where there is a protecting power), on the accused, and (where the accused is a protected prisoner of war) on the prisoner’s representative. (2) The particulars referred to in subsection (1) are— (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and his army, regimental, personal or serial number; (b) his place of detention, internment, or residence; (c) the offence with which he is charged; and (d) the Court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section, a document purporting— (a) to be signed on behalf of the protected power or by the prisoner’s representative or by the accused, as the case may be; and (b) to be an acknowledgment of the receipt by that power, representative, or accused on a specified day of a notice described therein as a notice under this section, shall, unless the contrary is shown, be evidence that the notice required by subsection (1) was served on that power, representative or accused on that day. (4) In this section, “prisoner’s representative”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of a prisoner’s representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war. (5) Any Court which adjourns a trial for the purpose of enabling this section to be complied with may, notwithstanding any other enactment, remand the accused for the period of the adjournment.