use of the accused person of any record of the proceedings
made by or on behalf of the court.
(5)
No person shall be charged with or held to be guilty of a
criminal offence on account of any act or omission which
did not at the time it took place constitute such an offence,
and no penalty shall be imposed for any criminal offence
which is more severe in degree or description that the
maximum penalty which might have been imposed for that
offence at the time when it was committed.
(6)
No person who shows he or she has been tried by any
competent court for a criminal offence and either convicted
or acquitted shall again be tried for that offence or for any
other offence of which he or she could have been convicted
at the trial for that offence save upon the order of a superior
court made in the course of appeal or revision proceedings
relating to the conviction or acquittal:
Provided that nothing in any law shall be held to be inconsistent
with or in contravention of this subsection by reason only that it
authorises any court to try a member of a defense force for a
criminal offence notwithstanding any trial or conviction of the
member under service law; but any court so trying such a member
and convicting him or her shall, in sentencing him or her to any
punishment, take into account any punishment awarded him or her
under service law.
(7)
(8)
(9)
(10)
No person shall be tried for a criminal offence if he or she
shows he or she has been pardoned for that offence.
No person charged with a criminal offence shall be
compelled to give evidence at the trial.
A person charged with criminal offence in the High court
shall have the right to elect to be tried by a jury.
Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention
of(a)
(b)
Freedom 25
Of speech,
(1)
subsection (3)(a) to the extent that the law in
question imposes upon any person charged with a
criminal offence the burden of proving particular
facts;
subsection (3)(e), to the extent that the law in
question imposes reasonable conditions that must be
satisfied if witnesses called to testify on behalf of an
accused person are to be paid their expenses out of
public funds.
Every person shall have the right to-