(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the right guaranteed by
subsection (1) to a greater extent than is necessary in
a practical sense in a democratic society in the
interests of any of the matters specified in subsection
(2)(a) or for the purpose specified in subsection
(2)(b).
12. Right to fair trial, etc.
(1) If any person is charged with a criminal offence,
then, unless the charge is withdrawn, the case shall be
afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(2) Every
offence—
person
who
is
charged
with
a
criminal
(a) shall be presumed to be innocent until he is proved
or has pleaded guilty;
(b)
shall
be
informed
as
soon
as
reasonably
practicable, in a language that he understands and in
adequate detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the
preparation of his defence;
(d) shall be permitted to defend himself before the
court in person or by a legal representative of his own
choice;
(e) shall be afforded facilities to examine in person
or by his legal representative the witnesses called by
the prosecution before the court and to obtain the
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