Section 5
Legal representation of certain persons
of Geneva Conventions Act 1962
The court before which—
(a)
any person is brought up for trial for an offence under section 3; or
(b)
a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless—
(i)
the accused is represented by counsel; and
(ii)
it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other written law, the court may remand the accused for the period of the adjournment.
1 1
Geneva Conventions
(2)
Where the accused is a protected prisoner of war, 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 the requirements of subparagraph (1)(ii), be regarded for the purposes of that subsection as representing the accused.
(3)
If the court adjourns the trial in pursuance of subsection (1)
by reason that the accused is not represented by counsel, the court shall direct that a 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 in pursuance of this subsection shall, without prejudice to the requirement of subparagraph (1)(ii), be regarded for the purposes of that subsection as representing the accused.
(4)
Counsel shall be assigned in pursuance of subsection (3) in such manner as the Minister may by order prescribe, and any counsel so assigned shall be entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the
Minister may by regulations prescribe.