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Notice of trial of protected person to be served on Protecting Power

Geneva Conventions Act 1973

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—(1) The court before which —(a)a protected prisoner of war is brought up for trial for any offence; or(b)a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to death or to imprisonment for a term of 2 years or more,must not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the Public Prosecutor, has been served not less than 3 weeks previously on the Protecting Power and, if the accused is a protected prisoner of war, on the accused and the prisoner’s representative.(2) The particulars mentioned in subsection (1) are —(a)the full name and description of the accused, including the date of the accused’s birth and his or her profession or trade (if any) and, if the accused is a protected prisoner of war, his or her rank and army, regimental, personal or serial number;(b)the accused’s place of detention, internment or residence;(c)the offence with which the accused is charged; and(d)the court before which the trial is to take place and the time and place appointed for the trial.(3) For the purposes of this section a document purporting —(a)to be signed on behalf of the Protecting Power or by the prisoner’s representative or by the person accused, as the case may be; and(b)to be an acknowledgment of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this section,is, unless the contrary is shown, sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day.(4) In this section “prisoner’s representative”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that protected prisoner at the camp or place at which that protected prisoner was, at or last before that time, detained as a protected prisoner of war.(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, despite anything in any other written law, remand the accused for the period of the adjournment.

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