No.2
2016
CJ~MI'\\LPtDCEDlRE ~'il) E\lDENCF AMEI'.'DME'\T
(2) Iu cases where a person is convicted of murder \Yithout the
presence of aggraYating circumstances, or the person is one referred to in
section338(a), (b) or (c), the court may impose a sentence of imprisonment
for life, or any sentence other than the death sentence or imprisonment for
life proYided for by law if the court considers such a sentence appropriate
in all the circumstances of the case.
338
Persons upon whom death sentence may not be passed
The High Court shall not pass sentence of death upon an offender
who--
44
(a)
was less than twenty-one years old when the offence
nmunitted; or
(b)
is more than seYenty years old; or
(c)
Is a \\oman.
"a~
New section inserted in Cap. 9:07
The principal. \ct is amended by the insertion orthe foil em ing section after section
385-"385A
Rights of arrested or detained persons and interested
parties
(l) In this section-
"interested party", in relation to a detained person, includes(a)
a relatiYe, friend or employer of the detained person;
and
(b)
any person \Yith a legitimate interest in the detained
person's welfare; and
(c)
a legal practitioner representing the detained person
or engaged by a person referred to in paragraph (a) or
(h) to represent the detained person;
"'responsible person" means the member of a State agency primarily
reSJX)nsihle for a detained person's detention or custody;
"State agency" includes the Police Service, the Prison Service, every
branch or the Defence Forces, and any other organisation
consisting wholly or mainly of persons employed by the State.
(2) A person who has been arrested or is detained, whether under
this Act or any other enactment, shall be permitted without delay(a)
to exercise his or her right to contact, at the state's e.x.pensc,
any one of the persons specified in section 41A(l )(d):
Provided that if the arrested or detained person
docs not succeed, \Vithout any fault on his or her part, in
contacting a person of his or her first choice, the arrested or
detained person shall he allowed to contact any other person
specified in section 41A(l )(d) until he or she succeeds in
contacting him or her: and
(b)
to obtain and instruct, at his or her own expense, a legal
practitioner of his or her own choice, and to communicate
privately with that legal practitioner:
60
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