(h) to adduce and challenge evidence; (i) to have the proceedings of the trial interpreted so that the accused person understands them; (j) not to be compelled to give evidence; (k) not to be convicted on account of an act or omission that was not an offence when it took place; (1) not to be tried in respect of an act or omission for which the accused person has been pardoned or either acquitted or convicted on the merits in previous criminal proceedings, unless– (i) a court has set aside those earlier proceedings on the grounds of a procedural irregularity or defect; or (ii) for some other reason, a court has ordered a retrial; (m) to be sentenced to the lesser of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing. (3) Where this section requires information to be given to a person– (a) the information must be given in a language the person understands; and (b) if the person cannot read or write, any document embodying the information must be explained in such a way that he or she understands it. (4) In any criminal trial, evidence that has been obtained in a manner that violates any provision of this Chapter must be excluded if the admission of the evidence would render the trial unfair or otherwise be detrimental to the administration of justice or the public interest. (5) Criminal proceedings, including the announcement of the court's decision, must be held in public. (6) Anyone who has been tried for an offence has the right, on payment of a reasonable fee, to be given a copy of the record of the proceedings within a reasonable time after judgment is delivered in the trial. (7) Anyone who has been tried and convicted of an offence by a court has the right, subject to reasonable restrictions that may be prescribed by law, to– (a) have the case reviewed by a higher court; or (b) appeal to a higher court against the conviction and any sentence that may have been imposed. (8) A law may impose on a person charged with an offence the burden of proving particular facts which are or ought to be within the person's knowledge or readily ascertainable by the person. (9) A law may allow a court to draw whatever inferences are proper from an accused person's refusal to answer a question, and to treat the refusal, on the basis of those inferences, as evidence corroborating any other evidence given against the accused person. 51 Protection of law: fairness in civil proceedings (1) Everyone is entitled to have the existence or extent of their civil rights or obligations decided, within a reasonable time and after a fair hearing, by an independent and impartial court or tribunal established by law. - 27 -

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