Fiji Magistrates Bench Book - Federal Court of Australia

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• the accused person’s character; • the accused person’s right to prepare his or her defence; • the likelihood of the accused person re-offending while on bail; • any likelihood of the accused person interfering with witnesses; • the likelihood of further charges; • the prosecution’s opposition to bail. See Bail Act cases: Sanjana Devi v State Misc Action HAM 011 of 2003S; State v Albertino Slainkar Cr Action HAM 014.03. 5 Granting Bail 5.1 General Bail may be granted unconditionally or subject to written conditions: s22. When granting bail, you must: • set bail for a determinate period, ending no later than 60 days after the day on which bail was granted, or on the date of hearing, whichever comes first: s15(2); • state a time, date and place that the accused person must surrender to the custody of the Court; • advise the accused person, in a language that he or she understands, of his or her obligation to surrender to the custody of the Court at the time, date and place designated: s15(6); • explain the procedures for complying with the obligation, that is, that he or she must surrender to the bail officer. If the hearing date has not been fixed within 60 days, the accused person must be brought before the Court for a continuation of bail, or its reconsideration: s15(3). What the accused person must do in all cases The accused person must give a written undertaking, on Form 1B, to appear before the Court on the day and place specified: ss21(1)(b), 21(2). Fiji Magistrates Bench Book April 2004
On the granting of bail, the accused person must: • provide the Court with details of his or her residential address; and • reside at that address until the case is heard: s16. If the accused person wishes to reside elsewhere, he or she must notify the bail officer in writing, who will either make a decision or put it before the Court to make a decision whether the bail undertaking should be varied accordingly: s16(4). 5.2 Conditions Bail must be granted unconditionally unless you consider that conditions should be imposed for the purpose of: • ensuring the accused person’s surrender into custody and appearance in Court; • protecting the welfare of the community; or • protecting the welfare of any specially affected person: s23(1). Conditions must only be imposed if required by the circumstances of the accused person: • to protect the welfare of the community; • to protect the welfare of any specially affected person; or • in the interests of the accused person: s23(2). Conditions that may be imposed If conditions are attached, they may only be one or more of the following: • that the accused person enters into an agreement to observe specified requirements as to his or her conduct while on bail; • that one or more sureties acknowledges that he or she is acquainted with the accused person and regards the accused person as a responsible person who is likely to comply with a bail undertaking; • that the accused person enters into an agreement, without security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking; • that one or more sureties enters into an agreement, without security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking; • that the accused person enters into an agreement, and deposits acceptable security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking; Fiji Magistrates Bench Book April 2004
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Fiji Magistrates Bench Book Produce
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Table of Contents 1: The Law and Co
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4 Real Evidence 5 Exhibits 6 Oral E
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9: First Appearance 1 General 2 Non
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13: Sentencing 1 Introduction 2 Jur
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PJEP BENCHBOOK PROJECT 2003/2004 TE
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Fiji Magistrates Bench Book April 2
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3.1 The Fiji Constitution The first
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4 The Branches of the State 4.1 The
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Prime Minister The Prime Minster mu
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5 Jurisdiction Jurisdiction is the
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2: FIJI MAGISTRATE’S COURT Fiji M
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1 Introduction The Magistrate’s C
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• make copies of proceedings and
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4.4 Sentencing Jurisdiction Residen
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in suits wherein the validity of an
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By application of a Magistrate Subj
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Also, see State v Peniasi Kata Cr.
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For the defendant to have a fair tr
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An exception for the requirement fo
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4: JUDICIAL CONDUCT Fiji Magistrate
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1 Ethical Principles On appointment
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1.5 “Without Fear or Favour, Affe
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d) Conflict of interest You must di
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1. Prior notice • You should be s
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• Avoid a patronising and or undu
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5: EVIDENCE Fiji Magistrates Bench
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1 Introduction Evidence refers to t
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By definition, documentary evidence
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The distinction between ‘in Court
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Spouses The spouse of the defendant
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7.3 Leading Questions A general rul
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• Sometimes the witness will show
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If the legal burden is borne by the
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In a voir dire hearing, evidence sh
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• ensure that the witness who giv
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8.8 Character Evidence Admissibilit
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6: CRIMINAL RESPONSIBILITY Fiji Mag
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1 Introduction The Penal Code is th
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An honest claim of right is when a
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To raise a defence of accident, it
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It is the defendant who bears the o
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3 Intoxication must also be taken i
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Compulsion by threats Compulsion by
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• Force may include killing the a
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Enabling or Aiding: s21(1)(b) Penal
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Counselling The normal meaning of c
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Withdrawal Sometimes there may be a
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4.3 Accessories After the Fact: ss3
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• At least two persons must agree
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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
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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 and 150: 7 Exhibits 7.1 Production Though it
Page 151 and 152: 11: BAIL Fiji Magistrates Bench Boo
Page 153 and 154: 1 Introduction The Bail Act 2002 se
Page 155 and 156: 4.3 Primary Consideration The prima
Page 157: A “serious offence” is any offe
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
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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
Page 201 and 202: 6.6 Special Considerations Regardin
Page 203 and 204: 16: COMMON OFFENCES Fiji Magistrate
Page 205 and 206: False Pretences Under s309(a) Secti
Page 207 and 208: False Pretences Under s309(b) Secti
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Simple Larceny (Theft) Section s259
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The requirement of permanent depriv
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Conversion Under s279(1)(a) Section
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Conversion Under s279(1)(b) Section
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Conversion Under s279(1)(c) Section
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Burglary Section s299 Penal Code (C
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Abuse of Office Section s111 Penal
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Acts Intended to Cause Grievous Har
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Defences If the prosecution has pro
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Robbery Section s293(1)(a) Penal Co
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Robbery (with Violence) Section s29
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Rape Section s149 Penal Code (Cap.
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Corroboration In all sexual offence
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Indecent Assault on a Female Sectio
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Indecently Insulting or Annoying a
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Defilement of Girl under Thirteen Y
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Defilement of Girl between Thirteen
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Defilement of Female Under Severe A
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Dangerous Drugs Section s8(b), 41(2
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Causing Death by Reckless or Danger
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Receiving Stolen Property Section s
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Sentence Like Degree The conviction
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