Fiji Magistrates Bench Book - Federal Court of Australia

9.7 Security for Keeping the Peace
An offender may, instead of or in addition to any punishment, be ordered to enter into his own
recognisance, with or without sureties, to keep the peace and be of good behaviour for a period
not exceeding two years: s41(1)Penal Code.
In cases, such as assaults, you may bind over both the complainant and the offender, with or
without sureties, to keep the peace and be of good behaviour for a period not exceeding one year:
s41(2)Penal Code.
You may order that the offender enter into a bond, with or without sureties, for a period not
exceeding two years and to appear and receive sentence, and in the meantime to keep the peace
and be of good behaviour: s42(1) Penal Code.
9.8 Absolute and Conditional Discharges
You may use your discretion and discharge the offender, either absolutely or with conditions, if:
• the person has been found guilty of an offence;
• the offence charged does not have a sentence fixed by law;
• the circumstances of the offence are of a minor nature;
• it is inexpedient to inflict punishment;
• the character of the offender warrants it;
• the circumstances of the offending warrant it and
• an order under the Probation of Offenders Act is inappropriate: s44(1) Penal Code.
The offender may be liable for the whole or any part of costs incidental to the prosecution, and
any compensation: s44(3) Penal Code.
9.9 Police Supervision
Police supervision may be ordered against the offender where he or she:
• is convicted of an offence punishable for an imprisonment term of three years or more;
and
• is again convicted of offence punishable with an imprisonment term of three years or
more.
Fiji Magistrates Bench Book April 2004