Normative Conceptualisation of Fair Criminal Trials in South Sudan from an African Common Law Perspective.

The right to a fair (criminal) trial is a constitutional imperative in South Sudan following its establishment among other common law African jurisdictions. The profile of the non-derogable right is raised by the reality of the death penalty in a legally pluralistic context. This exposition is intended as a comparative and jurisprudential-based analysis of the evolution of this essential right that is entrenched in the bill of rights of the Transitional Constitution and codified by key legislation of the latest established monist state. It examines the constitutional benchmarks of the right including the presumption of innocence, the inherent discretion of the court to grant bail, the right against self-incrimination, the right of the accused person to information on charges, a fair, speedy, and public hearing by a competent court, presence of the accused person at their trial, the right to legal representation, and the rule against retrospective criminality. Prospects of expansion of the right include the inclusion of the guarantees to interpretative assistance considering the multilingual nature of South Sudan, adequate time and facilities to prepare a defence, and the right to adduce evidence including examining and cross-examining witnesses. [ABSTRACT FROM AUTHOR]