A Comparative Analysis on Rights of Accused in

Pakistan and UK
Research proposal submitted in partial fulfillment of the requirements for the
degree of LLB

Presented By:
Qamer Elahi

Roll# 69045

Presented To:
Honorable Miss Fozia Naseem

COLLEGE OF LAW
GOVERNMENT COLLEGE UNIVERSITY OF
FAISALABAD
Abstract
Accused persons are given equal status and rights in an Islamic society, but unfortunately in
Pakistan, accused person have not been given there equal and true rights till now. This study
prompted by the realization of this better reality that accused person even in an Islamic state in
Pakistan are still deprived of their basic and fundamental rights.
In this regards a significant area of concern is rights of accused person in constitution of Pakistan
is available in article 10 A. (rights to fair trial)
But unfortunate at the bottom are ground reality is different from theory.
There are every place rights of accused person violated by authorities.
The study includes historical background of accused in the subcontinent which is Pakistan and
UK.

Keywords: Rights of accused person, accused person in Pakistan, accused in Islamic society,
laws relating to the accused person, accused in UK
Introduction
Article 10 A constitution of Islamic republic of Pakistan 1973
For the determination of his civil rights and obligations or in any criminal charge against him a
person shall be entitled to a fair trial and due process of law.
The rights of accused are very significant terms which are protected by constitution of Pakistan
and constitution of UK.
According to Islamic way of life, it is clear as the whitening of milk that Islam is the religion
which speaks on matter of human rights. Respect, dignity, equal status and give importance.
Islam has even declared the rights of the animals whether they are domestic or wild. Islamic
criminal justice system provides fundamental guarantee’s to the accused. Islamic criminal law
presumed the accused innocent unless proven guilty. In addition Islamic criminal justice system
has provided many safeguards to the accused that are always upheld during detention
investigation trial and post” trial. These rights are;1)the right of each person to the protection of
life honor liberty and property;2) the right to due process of law;3)the right to a fair and public
trial before an impartial judge;4)confrontation and cross examination of accuses and
witness;5)freedom from compulsory self increamation;6)protection against arbitrary arrest and
detetention;7)prompted judicial determination;8)right of appeal.
Islamic criminal law has provided guarantees to the accused person first he shouldn’t be charged
under the principle of legality.
The accused cannot be degrade and ashamed by the court during the trial or during the
investigation on his act.
The rights of accused in Pakistan violated at many time, accused faced several problems during
detention and investigation in police custody and jail.
In Pakistan criminal law give detail procedure to trial of accused person.
Section 68 to 74 CrPC, give detail to compel appearance of accused through summon before
court.
Powers to the police officer not absolute but subject to certain restraint. The restraints are
provided for the protection in interest of the people to be arrested.
In Pakistan not adopt proper precautions about health of accused persons. Mostly accused facing
diseased like Aids, hepatitis, cancer during detention. Few month ago the supreme court there
were total of 80145 in mates housed in 98 prisons in Punjab, Sindh, KPK and Baluchistan
against a sanction capacity of 56495.that works out to a shocking 40pc over the limit not
surprisingly living in such close proximity increase the chances of the spread of contiguous
disease among the prisons population.
Being a favorite child of law accused have certain rights as;1)right of bail;2)right of fair trial 10
A;3)right of adducing evidence;4)right to hire an advocate;5)right of defence;6)right of
inspection of court file;7)right to have copies before trial;8)right of acquittal under 249A
attendance;10)right of medical examination.
The rights and privileges of a person accused of a crime guaranteeing him a fair trial these rights
were initially generally from 18th century on confined primarily to the actual trial itself but in the
second half 20th century many countries began to extend then to the periods before and after the
trial.
All legal systems provide at least on paper guarantees that insure certain basic rights of accused.
These includes right to trial by jury unless jury trial is waived to representations by council at
least when he is accused of a serious crime to present witnesses and evidence that will enable
him to prove his innocence and to confront his accusers as well as freedom from unreason able
search and seizures and freedom from double jeopardy.
Certain very general rights are attached or provide in constitution of UK. An accused person
must not be allowed to languish indefinitely in jail but must be given a fast trial. Indulge with
this issue are the rights to a reasonable bail and prohibitions against being arrested for more than
a significant time without bail.

Accused Rights
Your rights in custody
The police officer who keeps you at the police station must explain your rights. You have the
right to:
Get free legal advice
Tell th e telling you about your rights, e.g. regular breaks for food and toilet use (you can ask for
a notice in your own language) or an interpreter will explain
You will be searched and your belongings will be kept by a police officer while you are kept in
custody.
Young people under 18 and vulnerable adults
The police must contact your parent, guardian or career if you’re under 18 or a vulnerable adult.

They must also find an ‘innocent adult’ to come to the station to help you and be present during
questioning and searching. An innocent adult can be:

● your guardian or father

● a social worker

● another family member aged 18 or over

● a volunteer aged over 18

Your rights when being questioned

The police may question you about the crime you’re detected of - this will be recorded. You
don’t have to answer the questions but there must be outcome if you don’t. The police must
clarify this to you by reading you the police :

“You do not have ask anything. But, it may damage your defense if you do not show when
questioned something which you later rely on in court. Anything you do say may be given in
evidence.”

Right to a Hearing and Effective Remedy

Whilst every accused person must celebrate a right to sty silent, some may want to speak out
and tell their part of the tale. No fair judicial system will dismiss this wish to become an
independent player in the proceedings. In fact, a criminal case cannot be assumed before the
accused has been granted a chance to make him heard. This is why convictions in absentia are
always complicated and, at least in cases where not even a lawyer was able to speak on the
accused’s behalf, inappropriate with the rule of law.

The accused should, be allowed to ask for new and evidence to be taken and considered by the
authorities. At least during the trial-stage of a criminal proceeding this should conform to with
the right to have this petition check by a judge. A refusal to take the evidence must be justified in
a reasoned manner.

The right to make oneself heard includes the right to up objections to the act of courts and law
enforcement authorities. If the accused is convinced that his rights have been violated, he must
have an effective opportunity to voice his complaint. If it is found valid the violation must be
address in an appropriate way.

The Speed of Justice

Delayed justice Justice is denied. Although this statement is true in most legal disputes it is
closely related to litigation. Sitting under the Damocles sword of prison sentence carries a heavy
responsibility for the defendant. Every defense attorney can attest to the harmful consequences
for months or years of uncertainty that will exist for clients. By the end of the long-awaited trial,
the defendant will have lost his job, his marriage will have broken down or his business will have
collapsed. Many suffer from depression or other disorders related to depression. Even
condemnation at last may feel like a victory for Pyrrhus under such circumstances.

Worse still prosecutors will use these results forcibly to make a deal. They take into account the
fact that many people are unable to withstand the months of initial detention or that their
businesses will not survive the ongoing tests with their “partner monitoring” assets frozen. If in
this case the respondent is given a hasty decision to agree on the guilt he will feel more like a
robbery than a choice. Practices of this nature can be like oppression and therefore need to be
condemned beyond a reasonable doubt by the prosecutors' misconduct.

The state has a responsibility to ensure a speedy process and avoid undue delays. As
evidently swiftness of justice cannot come at the price of decreased thoroughness it requires that
law enforcement authorities be appropriately funded and well-staffed. Where delays are
inevitable nonetheless appropriate mechanisms of compensation need to be found. Never should
criminal proceedings amount to a punishment in themselves

e person where you are

Get medical help if you feel sick
See the rules for police (‘Code of Practice’)
See a written notic
Thesis Statement

A comprehensive study of the rights given to accused persons under constitution of islamic
republic of Pakistan and criminal justice system of Pakistan and a critical analysis by constitution
of UK its scope and compatibility in the present scenario in theoretical and practical.

Significance of Study
Researcher shall examine critically the history of accused persons in subcontinent, specifically in
Pakistan, status of accused persons in an Islamic society and western theory and in the light of
Islamic laws. This will assist policy makers to propose amendments to the current laws.
Research Methodology
Textbooks, journals, articles and legislations will be the main sources of information. These
sources underpin the qualitative research, which is undertaken in this study. The research paper
uses a critical analytical methodology.
Research Questions
1. In the presence of Constitutional protection of rights, whether ‘Accused Persons?

2. How to solve problem of space in jail?

3. How to maintain quality of food and ensure their good health?

4. Can an accused be convicted twice for same offense?
5. What are the rights of accused before registration of FIR?

Limitation
This research is limited to the criminal laws and rights related to accused given in constitution of
Islamic republic of Pakistan 1973.also stated that are given in Islamic society.
Bibliography
1. https://liberal-international.org/what-we-do/events/executive-committee-
meetings/marrakech-2016/10-basic-rights-accused-persons-criminal-proceedings-
marrakech-2016/
2. https://www.pljlawsite.com/2012art6.htm
3. https://www.gov.uk/arrested-your-rights#:~:text=Your%20rights%20when%20being
%20questioned&text=The%20police%20must%20explain%20this,may%20be%20given
%20in%20evidence.%E2%80%9D
4. http://www.pakistani.org/pakistan/constitution/
5. https://www.parliament.uk/globalassets/documents/commons-committees/political-
and-constitutional-reform/The-UK-Constitution.pdf
6. https://www.britannica.com/topic/rights-of-accused