4. The Constitution will, on the same basis as in other Declarations of Rights, make clear that a number
of transactions which might be considered to involve an element of compulsory acquisition will not be
so regarded for the purposes of the Declaration of Rights.
5. It will be made clear, for the avoidance of doubt, that the property covered by this constitutional
guarantee includes rights, whether vested or contingent, of individuals to receive benefits under a law,
contract or scheme relating to the payment of pension benefits.
VI. Protection for Privacy of Home and Other Property
1. It will be forbidden, except with the consent of the person concerned, to subject anybody to the
search of his person or property or to entry on his premises.
2. There will however be an exception for any law (and for any measures taken under it) which makes
reasonable provision in the interests of defence, public safety, public order, public morality, public
health, or town and country planning or which makes reasonable provision to protect the rights and
freedoms of others; or which authorises entry on a person's premises by a local government authority or
of a public corporation in connection with any tax, etc, or in order to carry out work connected with
any property, situated on those premises, that belongs to that local government authority or body
corporate; or which authorises entry or search in pursuance of a court order for the purpose of
enforcing the judgement or order of a court in any proceedings. Any such law (and the measures taken
under it) will be tested against the criterion of what would be reasonably justifiable in a democratic
society.
VII. The Right to Protection of the Law
1. Any person charged with a criminal offence will be entitled to a fair hearing within a reasonable time
by an independent and impartial court. In connection with that hearing he will have the following
specific rights:
a. to be presumed innocent until proved guilty;
b. to be properly informed of what he is accused of;
c. to be given adequate time and facilities to prepare his defence;
d. to be permitted to defend himself either in person or, at his own expense, by a legal representative
whom he has chosen;
e. to be able both to examine the witnesses for the prosecution and to call and examine his own
witnesses on an equal footing with the prosecution witnesses;
f. to refuse to give evidence himself (but without prejudice to the court's ability to draw inference from
that refusal);
g. to have an interpreter if he cannot understand the language used at the trial;
h. to be present throughout the trial unless his own conduct renders this impracticable and the court has
therefore ordered his removal; and
1. to obtain a copy of any official record of the proceedings.
2. It will be forbidden to create criminal offences with retrospective effect or to provide for increased
penalties with retrospective effect.
3. Except on the order of a superior court as a result of appeal or review proceedings, it will be
forbidden to put a person on trial for a criminal offence for which he has already been tried or for
which he has stood in jeopardy of conviction at an earlier trial or for which he has been pardoned.
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