Transcription of CHAPTER SIX THE RIGHT TO UNDERSTAND - …
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CHAPTER SIX THE RIGHT TO UNDERSTAND - …
1 Moore ?Short and plain statements: a pleading for plain language in legal writing (1985)Southern University Law Review 47 at at ?Writing laws: making them easier to UNDERSTAND (1992) Ottawa Law Review 495 ?Plain English in the statutes (1985) Law Institute Journal 673 at SIXTHE RIGHT TO is a fundamental principle that ordinary people should not only be given access tothe law but they should be able to UNDERSTAND it. People should be able tounderstand the laws they are expected to obey in a democracy. The general publichas an interest in being able to UNDERSTAND and follow court proceedings. It is a tritefact that when people do not UNDERSTAND the law or misunderstand it, they are lesslikely to comply with the law or exercise their rights under it.
13 However, where an accused is declared incapable of understanding the proceedings, he may after becoming so capable, be indicted and tried for the offence in question. Id. 14 Section 161 of the Act caters for deaf and dumb persons. Section 161 provides that a witness must give his evidence viva voce at criminal proceedings. This expression can …
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