| 1) |
The court before which- |
| b) |
a protected internee is brought to trial for an offence for which that court has the power to sentence him or her to imprisonment for a period of two years or more, |
may not proceed with the trial until the court is satisfied that a notice containing the particulars contemplated in subsection (2), in so far as they are known to the prosecutor, has been served not less than three weeks before the commencement of the trial on the protecting power and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative.
| 2) |
The particulars referred to in subsection (1) are as follows: |
| a) |
The full name, date of birth and description of the accused, including his or her profession or trade; |
| b) |
If the accused is a protected prisoner of war, his or her rank and force of origin, regimental, personal or serial number; |
| c) |
the place of detention, internment or residence of the accused; |
| d) |
the offence with which the accused is charged; and |
| e) |
the court before which the trial is to take place and the time and place appointed for the trial. |
| 3) |
For the purposes of subsection (1), a document purporting to be- |
| a) |
signed on behalf of the protecting power or by the prisoners' representative or by the accused person, as the case may be; and |
| b) |
an acknowledgement of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section, |
is, in the absence of evidence to the contrary, sufficient evidence that the notice required by subsection (1) was served on that power, representative or person, as the case may be, on that day.
| 4) |
A court that adjourns a trial in order that the requirements of this section could be complied with, may, notwithstanding anything to the contrary contained in any other law, remand the accused person in custody for the period of the adjournment. |
Mandating Procedures of Provinces Act, 2008
