12
Constitution of the Independent
State of Samoa
(a) to be informed promptly, in a language which the
person understands and in detail, of the nature and
cause of the accusation against the person;
(b) to have adequate time and facilities for the preparation
of his or her defence;
(c) to defend himself or herself in person or through legal
assistance of his or her own choosing and, if the
person has not sufficient means to pay for legal
assistance, to be given it free when the interests of
justice so require;
(d) to examine or have examined witnesses against him
or her and to obtain the attendance and
examination of witnesses on his or her behalf
under the same conditions as witnesses against
him or her;
(e) to have the free assistance of an interpreter, if any
doubt exists as to whether the person can
understand or speak the language used in Court.
(5) No person accused of any offence shall be compelled to be a
witness against himself or herself.
10. Rights concerning criminal law - (1) No person shall be
convicted of an offence other than an offence defined by law.
(2) No person shall be held guilty of any offence on account
of any act or omission which did not constitute an offence at the
time when it was committed; nor shall a heavier penalty be
imposed than the one that was applicable at the time that the
offence was committed.
(3) No person who has been tried for any offence shall, after
conviction or acquittal, again be tried for that offence except:
(a) where a retrial is ordered or conducted by a Court or
judicial officer exercising a jurisdiction superior
to that under which that person was acquitted or
convicted; or
(b) in the case of a conviction entered in a trial conducted
by a Judge or Judges of the Supreme Court, where
a retrial is ordered by a Judge of that Court on an
application made within 14 days of that
conviction.