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Guidelines on the conditions of arrest,
police custody and pre-trial detention in Africa
b.
Judicial authorities shall investigate any delay in the completion of proceedings which could substantially
prejudice the prosecution, the pre-trial detainee or his or her lawyer or other legal service provider, the
State or a witness. In considering the question of whether any delay is reasonable, the judicial authority
shall consider the following factors:
i.
The duration of the delay.
ii.
The reasons advanced for the delay.
iii. Whether any person or authority is responsible for the delay.
iv.
The effect of the delay on the personal circumstances of the detained person and witnesses.
v.
The actual or potential prejudice caused to the State or the defence by the delay.
vi. The effect of the delay on the administration of justice.
vii. The adverse effect on the interests of the public or the victims in the event of the prosecution
being stopped or discontinued.
viii. Any other factor which in the opinion of the judicial authority ought to be taken into account.
c.
If the judicial authority finds that the completion of the proceedings is being delayed unreasonably by
the State or its agents, the judicial authority may issue any such order as it deems fit in order to
eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice, including
an order to release the accused if the length of his or her detention is inconsistent with the right of
detained persons to trial within a reasonable time. In such cases, however, release may be accompanied
by any proportionate and necessary safeguards.
14. Safeguards for persons subject to pre-trial detention orders
a.
Pre-trial detention orders shall be carried out in strict accordance with the law and shall not be
not motivated by discrimination of any kind such as on the basis of race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social origin, fortune, birth, disability
or any other status.
b.
Pre-trial detainees shall only be held in an officially recognised place of detention.
c.
Pre-trial detainees shall have regular and confidential access to lawyers or other legal service providers.
Detainees must be provided with information about the availability of lawyers and, where appropriate,
other legal service providers, the means to access them, and the facilities to prepare their defence.
d.
Detaining authorities shall maintain, and provide access to, an official custody register in strict accordance
with Part 4 of these Guidelines.