Govt. tables Bill on rights of lawyers

Friday, 26 May 2017 00:00 - - {{hitsCtrl.values.hits}}

The Government moved a Bill yesterday in Parliament to bring in new amendments to the Code of Criminal Procedure.

The proposed amendments will assure the rights of lawyers representing clients held in police custody.

The proposed Code of Criminal Procedure (Special Provisions) (Amendment) Bill will entitle an Attorney-at-Law representing a person in police custody to have access to the police station from the time a person is taken into custody and in which such a person is being held in custody for the purpose of meeting the Officer in Charge of the police station and making representations.

According to the Bill, the right of an Attorney-at-Law to have access to the police station and to make representations will not affect the investigations that may be conducted in respect of the person being represented. Any such Attorney-at-Law will be permitted entry into a police station and will be treated cordially and courteously and be given a fair and patient hearing by the police officers attached to the respective police station. The proposed Bill also assures that any such Attorney-at-Law will, on behalf of the person being held in police custody, be entitled to meet the Officer in Charge of the police station and ascertain from such officer the information, including the offense alleged to have been committed by such a person; date, time and location of the arrest of such a person; date, approximate time and place of producing such a person before a magistrate; and any other information, the revelation of which will not adversely affect the conduct of further investigations and the interests of justice. The Bill also entitles the Attorney-at-Law to make representations on behalf of such person to the Officer in Charge of the police station and make an application seeking the granting of bail to the person in custody as per the terms of Section 6 of Bail Act No. 30 of 1997.

The Government also proposes to grant the Attorney-at-Law access to the person in custody unless such access is prejudicial to the investigation being conducted. (AH)