Fiji Magistrates Bench Book - Federal Court of Australia

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4.2 Executive Government Cabinet Government The basis of Cabinet Government is that the President, with few exceptions, only acts on the advice of the Cabinet or a Minister or some other body prescribed by the Constitution: s96 Constitution. The Cabinet is collectively responsible to the House of Representatives for the governance of the state: s102 Constitution. Governments must have the confidence of the House of Representatives: s97 Constitution. The Attorney-General is the Chief legal adviser to the Government: s100 Constitution. President The executive authority of the State is vested in the office of the President: s85 Constitution. The President is the Head of State and Commander-in-chief of the military forces: ss86, 87 Constitution. The President must be a citizen with a distinguished career in any aspect of national or international life and be eligible as a candidate for election to Parliament: s89(1) Constitution. The office of the President is for a five year term, unless removed from office by the Bose Levu Vakaturaga for inability to perform the functions of office or for misbehaviour: ss91, 93(1)(2) Constitution. The President is required to act and exercise independent judgement with respect to: • the appointment of the Prime Minister who, in his or her opinion, has the confidence of the House of Representatives: s98 Constitution; • the appointment of two members of the Committee on the Prerogative of Mercy: s115(2)(b) Constitution; • after considering the recommendations of a tribunal, the removal of judges from office: s138 Constitution; and • the appointment of the chair-person of the Electoral Commission: s78(7) Constitution. Vice-President The Constitution also establishes the office of the Vice-President. The Vice-President performs the functions of the President if the President is absent from duty or from Fiji or is from any other reason unable to perform the functions of that office: s88 Constitution. Fiji Magistrates Bench Book April 2004
Prime Minister The Prime Minster must keep the President informed of the general conduct of the government: s104 Constitution. The Prime Minister: • heads Cabinet; • advises the President on the appointment of other Ministers of Cabinet: s99(1) Constitution; • must establish a multi-party Cabinet: s99(3) Constitution. Bose Levu Vakaturaga (Great Council of Chiefs) According to the Constitution, the Bose Levu Vakaturaga continues in existence as established under the Fijian Affairs Act. Its membership, operations, functions and procedures are prescribed under that Act, in addition to functions conferred by the Constitution: s116(1) Constitution. Under the Constitution, for example, the Bose Levu Vakaturaga is responsible for appointing the President and Vice President as well as appointing 14 Senators: s90 Constitution and s64(1)(a) Constitution. It is the duty of the Great Council of Chiefs also to make such recommendations to the President as it considers are for the benefit, good governance and well-being of the Fijian people. 4.3 The Judiciary The Judiciary is the third branch of the State. It is comprises the Supreme Court, the Court of Appeal, the High Court and such other Courts as created by law: s117 Constitution. The Judiciary: • is an independent body which is responsible for interpreting and applying Parliament’s laws; • creates and interprets case law; and • solves disputes of fact and law between individuals, as well as between individuals and the State. The making of appointments to judicial office is governed by two principles: first that judges should be of the highest quality and; second, that the composition of the judiciary should, as far as practicable, reflect the ethnic and gender balance of the community: s134 Constitution. Fiji Magistrates Bench Book April 2004
Page 1 and 2: Fiji Magistrates Bench Book Produce
Page 3 and 4: Table of Contents 1: The Law and Co
Page 5 and 6: 4 Real Evidence 5 Exhibits 6 Oral E
Page 7 and 8: 9: First Appearance 1 General 2 Non
Page 9 and 10: 13: Sentencing 1 Introduction 2 Jur
Page 11 and 12: PJEP BENCHBOOK PROJECT 2003/2004 TE
Page 13 and 14: Fiji Magistrates Bench Book April 2
Page 15 and 16: 3.1 The Fiji Constitution The first
Page 17: 4 The Branches of the State 4.1 The
Page 21 and 22: 5 Jurisdiction Jurisdiction is the
Page 23 and 24: 2: FIJI MAGISTRATE’S COURT Fiji M
Page 25 and 26: 1 Introduction The Magistrate’s C
Page 27 and 28: • make copies of proceedings and
Page 29 and 30: 4.4 Sentencing Jurisdiction Residen
Page 31 and 32: in suits wherein the validity of an
Page 33 and 34: By application of a Magistrate Subj
Page 35 and 36: Fiji Magistrates Bench Book April 2
Page 37 and 38: Also, see State v Peniasi Kata Cr.
Page 39 and 40: For the defendant to have a fair tr
Page 41 and 42: An exception for the requirement fo
Page 43 and 44: 4: JUDICIAL CONDUCT Fiji Magistrate
Page 45 and 46: 1 Ethical Principles On appointment
Page 47 and 48: 1.5 “Without Fear or Favour, Affe
Page 49 and 50: d) Conflict of interest You must di
Page 51 and 52: 1. Prior notice • You should be s
Page 53 and 54: • Avoid a patronising and or undu
Page 55 and 56: 5: EVIDENCE Fiji Magistrates Bench
Page 57 and 58: 1 Introduction Evidence refers to t
Page 59 and 60: By definition, documentary evidence
Page 61 and 62: The distinction between ‘in Court
Page 63 and 64: Spouses The spouse of the defendant
Page 65 and 66: 7.3 Leading Questions A general rul
Page 67 and 68: • Sometimes the witness will show
Page 69 and 70:
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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Fiji Magistrates Bench Book April 2
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2.2 Endorsing the Criminal Evidence
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• Deal with matters that counsel
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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
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12 Case Management The American Bar
Page 117 and 118:
8: PRE-TRIAL MATTERS Fiji Magistrat
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1 The Criminal Process The followin
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In the event of a person whom such
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If the charge is defective: • ret
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3.2 Warrant of Arrest Notwithstandi
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If, in the course of trial, the evi
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2 Non-Appearance by the Defendant I
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Explaining the charge to the defend
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For example, on a charge of malicio
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Immediate hearing If all parties ar
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10: DEFENDED HEARINGS Fiji Magistra
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1 Magistrate’s Notes A suggestion
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2.4 Plea of Guilty to Other Offence
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A convenient test is found in the P
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5.6 Lies If it is established that
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7 Exhibits 7.1 Production Though it
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11: BAIL Fiji Magistrates Bench Boo
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1 Introduction The Bail Act 2002 se
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4.3 Primary Consideration The prima
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A “serious offence” is any offe
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On the granting of bail, the accuse
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6 Refusal of Bail If bail is refuse
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12: JUDGMENT Fiji Magistrates Bench
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1 A Structured Approach to Defended
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3.1 Judgment Format The format on t
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13: SENTENCING Fiji Magistrates Ben
Page 171 and 172:
1 Introduction At the end of a tria
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The judicial act of sentencing need
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These include the following: • pr
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7 Consideration of Other Offences W
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9 Types of Sentences 9.1 Corporal P
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9.5 Supervision As part of the prob
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Police supervision should not excee
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14: APPEALS, REVISIONS AND CASES ST
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1 Appeals The Magistrates’ Courts
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Supplementing the record In cases w
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The High Court shall hear and deter
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Page 195 and 196:
Evidence of age In cases where the
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5 Procedure in Juvenile Courts When
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6 Sentencing of Juvenile Offenders
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6.6 Special Considerations Regardin
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16: COMMON OFFENCES Fiji Magistrate
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False Pretences Under s309(a) Secti
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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
Page 249 and 250:
Receiving Stolen Property Section s
Page 251:
Sentence Like Degree The conviction
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