Right to Notice of Charges
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Contents
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Background
In order for a prosecution to
be fair, the defendant must be given an opportunity to defend his or herself
against the state apparatus. One essential element of a fair trial is fair and
adequate notice of what charges are being brought against the defendant. Notice
should be given in writing, with adequate time for the defense to conduct
independent investigation into the factual foundation of the charges.
International
Sources
International
Covenant on Civil and Political Rights
Article 14, Section 3-
In the determination of any
criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: (a) To be informed promptly and in detail
in a language which he understands of the nature and cause of the charge
against him; (b) To have adequate time and facilities for the preparation of
his defence and to communicate with counsel of his own choosing; (c) To be
tried without undue delay;"
Examples
of Right to Notice of Charges
Kenya
According to Section 89 of the
CPC, criminal proceedings are instituted either by making of a complaint or by
bringing before a magistrate of a person who has been arrested without warrant.
After a complaint is properly made, a charge is drawn by a police officer or
magistrate. As an essential component of a fair trial, the defendant is
entitled, by virtue of Article 50(2) (b) of the Constitution, to sufficient
notice of charges brought against him with sufficient detail to enable him to
answer.
The Rules for the framing of
charges are outlined in Section 137 of the CPC. For a charge or information to
constitute sufficient notice it must contain a statement of the specific
offence or offences with which the accused person is charged and such
particulars as may be necessary for giving reasonable information as to the
nature of the offence charged.
Failure to disclose an offence
recognized under law will result to the dismissal of the charge. Section 89(5)
the Criminal Procedure Code grants power to the magistrate to refuse to admit
such a complaint or formal charge. Additionally, at the arraignment stage for
trials before the High Court, an information that fails to state an offense
which the accused had notice shall be quashed, Section 276 CPC.
Constitution
- 77(2) Every person who is charged with a criminal offence-
- (a) shall be presumed to be innocent until he is proved or has pleaded guilty;
- (b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence with which he is charged;
- (c) shall be given adequate time and facilities for the preparation of his defence;
- (d) shall be pertained to defend himself before the court in person or by a legal representative of his own choice;
- (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
- (f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court his ordered him to be removed and the trial to proceed in his absence.
Criminal
Procedure Code (2009)
- 134. Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.
Tanzania
Criminal
Procedure Act (1985)
- 131. Immediately after police officer charges a suspect with an offence, the police officer shall caution the person in writing and if practicable orally, in the prescribed manner
- 132. Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.
Uganda
Constitution
- 28(3) Every person who is charged with a criminal offence shall�
- (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;
- (b) be informed immediately, in a language that the person understands, of the nature of the offence;
- (c) be given adequate time and facilities for the preparation of his or her defence
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