Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 366CPublic references to guilt.
Sub-title XII
(1) As long as a suspect or accused person has not been proven guilty according to law, public statements made by public authorities and judicial decisions, other than those on guilt, shall not refer to that person as being guilty:
Provided that the provisions of this article shall be without prejudice to:
(i) acts of the Attorney General, the Police or other public authorities having prosecuting powers which aim to prove the guilt of the suspect or accused person;
(ii) preliminary decisions of a procedural nature taken by a magistrate, a judge or by any other competent authority and which are based on suspicion or on incriminating evidence;
(iii) the right of public authorities to publicly disseminate information on criminal proceedings where this is strictly necessary for reasons relating to the criminal investigation or to the public interest.
(2) Any person who alleges that his rights under this article or this Sub-title have been breached shall have a right to file an application in the Court of Magistrates within ten days, from the date of the fact which allegedly gave rise to the breach, to demand a finding of such a breach and an appropriate remedy: Provided that when a person stands accused before a court the application referred to in this sub-article shall be filed before the court where that person stands accused.
Amendment history
- Amended by XXXII.2018.6