Geneva Conventions Act 1958

Provisions as to certain legal proceedings

4 Notice of trial of protected persons to be served on Protecting Power, etc

(1)

The court before which—

(a)

a protected prisoner of war is brought up for trial for any offence; or

(b)

a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to imprisonment for a term of 2 years or more—

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the Protecting Power (if there is a Protecting Power), on the accused, and (if the accused is a protected prisoner of war) on the prisoners’ representative.

(2)

The particulars referred to in subsection (1) are—

(a)

the full name and description of the accused, including the date of his or her birth and his or her profession or trade, if any, and, if the accused is a protected prisoner of war, his or her rank and his or her army, regimental, personal, or serial number;

(b)

his or her place of detention, internment, or residence;

(c)

the offence with which he or she is charged; and

(d)

the court before which the trial is to take place and the time and place appointed for the trial.

(3)

For the purposes of this section a document purporting—

(a)

to be signed on behalf of the Protecting Power or by the prisoners’ representative or by the person accused, as the case may be; and

(b)

to be an acknowledgment of the receipt by that Power, representative, or person on a specified day of a notice described therein as a notice under this section—

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative, or person on that day.

(4)

In this section the expression prisoners’ representative in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

(5)

Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment or any rule of law, remand the accused for the period of the adjournment.

Section 4 heading: amended, on 17 May 2005, by section 3 of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 4(1)(b): amended, on 23 April 2014, by section 6(1) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(1)(b): amended, on 17 May 2005, by section 3 of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 4(2)(a): amended, on 23 April 2014, by section 6(2) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(2)(b): amended, on 23 April 2014, by section 6(2) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(2)(c): amended, on 23 April 2014, by section 6(3) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).