Section 5: Legal representation

5. Legal representation (1) The Court before which any person is brought up for trial for an offence under section 3, or a protected prisoner of war or protected internee is brought up for trial for any offence shall not proceed with the trial, unless— (a) the accused is represented by Counsel; and (b) it is proved to the satisfaction of the Court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to Counsel for the accused, [Issue 1] G8 – 4 and if the Court adjourns the trial for the purpose of enabling this subsection to be complied with, then, notwithstanding any other enactment, the Court may remand the accused for the period of the adjournment. (2) In the absence of Counsel accepted by the accused as representing him, Counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to subsection (1) (b), be regarded for the purposes of that subsection as representing the accused. (3) Where the Court adjourns the trial under subsection (1) by reason that the accused is not represented by Counsel, the Court shall direct that 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 instructed as mentioned in subsection (2), Counsel assigned under this subsection shall, without prejudice to subsection (1) (b), be regarded for the purposes of subsection (1) as representing the accused. (4) Counsel shall be assigned under subsection (3) in such manner as may be prescribed and any Counsel so assigned shall be entitled to receive out of the Consolidated Fund such fees as may be prescribed. [S. 5 amended by s. 5 of Act 2 of 2003.]