(vi) What safeguards are stipulated by international law relating to the right to a fair trial in the event a person is charged with an offence • Every person who is charged with an offence, including a terrorist offence, is entitled to a fair and public hearing by a competent and impartial tribunal established by law. • Everyone charged with an offence has the right to be presumed innocent until proved guilty. • Other key safeguards include: o The right to be informed of the nature and cause of the charge; o The right to adequate facilities for the preparation of a defence, including the right to legal counsel; o The right to defend oneself or through legal assistance of one’s own choosing; o The right to examine witnesses; and o The right not to be compelled to testify against oneself or confess guilt. • The Advisory Council recognises that there may be particular concerns in terrorism trials with issues of witness protection and the use of classified information. In these circumstances it is important that any measures to protect witnesses or classified information be consistent to the greatest extent possible with the rights set out above, that they be authorised by the judicial authority trying the case and that they be imposed only to the extent strictly necessary. (vii) The manner in which search and seizure powers can be exercised in accordance with international law • Under international law any exercise of search and seizure powers, including interception warrants, must be lawful and not arbitrary (i.e. must be necessary and proportional). In particular, such measures must: 16