Document ID: chunk:federal_register_of_legislation:C2016C01093:schedule:3:p36
Version: federal_register_of_legislation:C2016C01093
Segment Type: schedule
Provision Reference: sch 3 (pt 36/50)
Character Range: 201351–204017

essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.
 Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.
 The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
Article 104
 In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.
 The said notification shall contain the following information:
         (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;
         (2) Place of internment or confinement;
         (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable;
         (4) Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial.
 The same communication shall be made by the Detaining Power to the prisoners' representative.
 If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
Article 105
 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
 Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
 The advocate or counsel