Consider Rule 42 of the Special Court for Sierra Leone (an international criminal tribunal created by the UN Security Council and the Government of Sierra Leone): (A) A suspect who is to be questioned by the Prosecutor shall have the following rights, of which he shall be informed by the Prosecutor prior to questioning, in a language he speaks and understands: (i) The right to legal assistance of his own choosing, including the right to have legal assistance provided by the Defence Office where the interests of justice so require and where the suspect does not have sufficient means to pay for it; (ii) The right to have the free assistance of an interpreter if he cannot understand or speak the language to be used for questioning; and (iii) The right to remain silent, and to be cautioned that any statement he makes shall be recorded and may be used in evidence. (B) Questioning of a suspect shall not proceed without the presence of counsel unless the suspect has voluntarily waived his right to counsel. In case of waiver, if the suspect subsequently expresses a desire to have counsel, questioning shall thereupon cease, and shall only resume when the suspect has obtained or has been assigned counsel. This provision best accords with which of the following models of criminal procedure: Trial by Ordeal Participatory Adversarial Inquisitorial
Consider Rule 42 of the Special Court for Sierra Leone (an international criminal tribunal created by the UN Security Council and the Government of Sierra Leone):
(A) A suspect who is to be questioned by the Prosecutor shall have the following rights, of which he shall be informed by the Prosecutor prior to questioning, in a language he speaks and understands:
(i) The right to legal assistance of his own choosing, including the right to have legal assistance provided by the Defence Office where the interests of justice so require and where the suspect does not have sufficient means to pay for it;
(ii) The right to have the free assistance of an interpreter if he cannot understand or speak the language to be used for questioning; and
(iii) The right to remain silent, and to be cautioned that any statement he makes shall be recorded and may be used in evidence.
(B) Questioning of a suspect shall not proceed without the presence of counsel unless the suspect has voluntarily waived his right to counsel. In case of waiver, if the suspect subsequently expresses a desire to have counsel, questioning shall thereupon cease, and shall only resume when the suspect has obtained or has been assigned counsel.
This provision best accords with which of the following models of criminal procedure:
|
Trial by Ordeal |
||
|
Participatory |
||
|
Adversarial |
||
|
Inquisitorial |
Trending now
This is a popular solution!
Step by step
Solved in 3 steps
