Page:Constitution of Rhodesia, 1965.pdf/46

 (3) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. (4) No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed. (5) No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or charge upon which a valid judgment could be entered, and either convicted or acquitted on the merits in fact or in law and not on a technicality, shall again be tried for that offence or for any other criminal offence of which he could have been con- victed at the trial for that offence, save- (a) where a conviction and sentence of a court subordinate to the High Court are set aside on appeal or review on the grounds that evidence was admitted which should not have been admitted or that evidence was rejected which should have been admitted or on the ground of any other irregularity or defect in the procedure; or (b) otherwise upon the order of a superior court in the case of appeal or review proceedings relating to the convic- tion or acquittal (6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. (7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial. (8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be inde- pendent and impartial; and where proceedings for such a deter- mination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within 2 reasonable time. (9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before 43 43