New Zealand Legislation: Acts

5 Legal representation of prisoners of war

• (1) The Court before which a protected prisoner of war 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;

  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 enactment or rule of law, 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 the requirements of paragraph (b) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.

  (3) If the Court adjourns the trial in pursuance of subsection (1) of this section 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) of this section, counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (b) of subsection (1) of this section, be regarded for the purposes of the said subsection (1) as representing the accused.

  (4) A counsel shall be assigned in pursuance of subsection (3) of this section in such manner as may be prescribed by regulations made under this Act, and any counsel so assigned shall be entitled to receive, out of money appropriated by Parliament for the purpose, such remuneration and disbursements as may be in like manner prescribed. While there are no regulations for the purposes of this section or so far as any such regulations do not apply, the provisions of the Legal Services Act 1991 and of any regulations made under that Act shall apply to the assignment, remuneration, and disbursement of counsel under this section.

  Subsection (4) was amended, as from 1 February 1992, by section 159(1) Legal Services Act 1991 (1991 No 71) by substituting the expression “Legal Services Act 1991” for the expression “Offenders Legal Aid Act 1954”.