Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
9 Withdrawal of Complaint The prosecutor may withdraw a complaint, with the consent of the Court, before a final order is passed: s201 CPC. Where the withdrawal is made after the defence case, acquit the defendant. Where the withdrawal is made before the defence case, you may • acquit the defendant; or • discharge the defendant. An order of discharge is not a bar to subsequent proceedings on account of the same facts. 10 Order of Acquittal Bar to Further Procedure An order of acquittal shall without other proof, be a bar to any subsequent information or complaint for the same matter against the same defendant: s218 CPC. Fiji Magistrates Bench Book April 2004
11: BAIL Fiji Magistrates Bench Book April 2004
- Page 99 and 100: 4.3 Accessories After the Fact: ss3
- Page 101 and 102: • At least two persons must agree
- Page 103 and 104: Fiji Magistrates Bench Book April 2
- Page 105 and 106: 2.2 Endorsing the Criminal Evidence
- Page 107 and 108: • Deal with matters that counsel
- Page 109 and 110: In the unique case of Reginam v Net
- Page 111 and 112: When the alleged offence occurs in
- Page 113 and 114: See Akuila Kuoutawa & R Labasa Crim
- Page 115 and 116: 12 Case Management The American Bar
- Page 117 and 118: 8: PRE-TRIAL MATTERS Fiji Magistrat
- Page 119 and 120: 1 The Criminal Process The followin
- Page 121 and 122: In the event of a person whom such
- Page 123 and 124: If the charge is defective: • ret
- Page 125 and 126: 3.2 Warrant of Arrest Notwithstandi
- Page 127 and 128: If, in the course of trial, the evi
- Page 129 and 130: Fiji Magistrates Bench Book April 2
- Page 131 and 132: 2 Non-Appearance by the Defendant I
- Page 133 and 134: Explaining the charge to the defend
- Page 135 and 136: For example, on a charge of malicio
- Page 137 and 138: Immediate hearing If all parties ar
- Page 139 and 140: 10: DEFENDED HEARINGS Fiji Magistra
- Page 141 and 142: 1 Magistrate’s Notes A suggestion
- Page 143 and 144: 2.4 Plea of Guilty to Other Offence
- Page 145 and 146: A convenient test is found in the P
- Page 147 and 148: 5.6 Lies If it is established that
- Page 149: 7 Exhibits 7.1 Production Though it
- Page 153 and 154: 1 Introduction The Bail Act 2002 se
- Page 155 and 156: 4.3 Primary Consideration The prima
- Page 157 and 158: A “serious offence” is any offe
- Page 159 and 160: On the granting of bail, the accuse
- Page 161 and 162: 6 Refusal of Bail If bail is refuse
- Page 163 and 164: 12: JUDGMENT Fiji Magistrates Bench
- Page 165 and 166: 1 A Structured Approach to Defended
- Page 167 and 168: 3.1 Judgment Format The format on t
- Page 169 and 170: 13: SENTENCING Fiji Magistrates Ben
- Page 171 and 172: 1 Introduction At the end of a tria
- Page 173 and 174: The judicial act of sentencing need
- Page 175 and 176: These include the following: • pr
- Page 177 and 178: 7 Consideration of Other Offences W
- Page 179 and 180: 9 Types of Sentences 9.1 Corporal P
- Page 181 and 182: 9.5 Supervision As part of the prob
- Page 183 and 184: Police supervision should not excee
- Page 185 and 186: 14: APPEALS, REVISIONS AND CASES ST
- Page 187 and 188: 1 Appeals The Magistrates’ Courts
- Page 189 and 190: Supplementing the record In cases w
- Page 191 and 192: The High Court shall hear and deter
- Page 193 and 194: Fiji Magistrates Bench Book April 2
- Page 195 and 196: Evidence of age In cases where the
- Page 197 and 198: 5 Procedure in Juvenile Courts When
- Page 199 and 200: 6 Sentencing of Juvenile Offenders
11:<br />
BAIL<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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