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