Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
9.7 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
Police supervision should not exceed five years and ceases when: • the offender is sentenced to a term of imprisonment; • the offender is released from prison to serve a term under a compulsory supervision order and until expiry of the compulsory supervision order: s46 Penal Code. 9.10 General Punishment for Misdemeanours Where the Penal Code does not specify any punishment for misdemeanours, it shall be punishable with a term not exceeding two years or with a fine or both: s47 Penal Code. 9.11 Community Work Orders Where a person is convicted of an offence punishable by imprisonment, you may, with the consent of the offender, sentence him or her to community work: s3(1) Community Work Act 1994. The prescribed number of hours is as follows: • not exceeding 6 months between 20 – 50 hours • 6 – 12 months between 20 – 100 hours • 12 months – 2 years between 20 – 200 hours • exceeding 2 years between 20 – 400 hours. 9.12 Costs Whenever an offender is convicted or discharged, but not in a stay of proceedings, he or she may be ordered to pay Court costs in addition to any other penalty: s158(1) CPC. See State v Ramesh Patel FCA Crim App No. AAU002 of 2002S. Likewise, you have a discretion to order costs against the prosecution: s158(2) CPC. The order to pay costs is appealable to the High Court: s159 CPC. 9.13 Compensation You may order the complainant to pay compensation to the defendant after dismissal of proceedings on the grounds that the charge was frivolous and vexatious: s160(1) CPC. An offender convicted of a charge may be ordered to pay compensation to any person who suffers damage to his or her property or loss as a result of the offence: s160(2) CPC. Fiji Magistrates Bench Book April 2004
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Police supervision should not exceed five years and ceases when:<br />
• the <strong>of</strong>fender is sentenced to a term <strong>of</strong> imprisonment;<br />
• the <strong>of</strong>fender is released from prison to serve a term under a compulsory supervision order<br />
and until expiry <strong>of</strong> the compulsory supervision order: s46 Penal Code.<br />
9.10 General Punishment for Misdemeanours<br />
Where the Penal Code does not specify any punishment for misdemeanours, it shall be<br />
punishable with a term not exceeding two years or with a fine or both: s47 Penal Code.<br />
9.11 Community Work Orders<br />
Where a person is convicted <strong>of</strong> an <strong>of</strong>fence punishable by imprisonment, you may, with the<br />
consent <strong>of</strong> the <strong>of</strong>fender, sentence him or her to community work: s3(1) Community Work Act<br />
1994.<br />
The prescribed number <strong>of</strong> hours is as follows:<br />
• not exceeding 6 months between 20 – 50 hours<br />
• 6 – 12 months between 20 – 100 hours<br />
• 12 months – 2 years between 20 – 200 hours<br />
• exceeding 2 years between 20 – 400 hours.<br />
9.12 Costs<br />
Whenever an <strong>of</strong>fender is convicted or discharged, but not in a stay <strong>of</strong> proceedings, he or she may<br />
be ordered to pay <strong>Court</strong> costs in addition to any other penalty: s158(1) CPC. See State v Ramesh<br />
Patel FCA Crim App No. AAU002 <strong>of</strong> 2002S.<br />
Likewise, you have a discretion to order costs against the prosecution: s158(2) CPC.<br />
The order to pay costs is appealable to the High <strong>Court</strong>: s159 CPC.<br />
9.13 Compensation<br />
You may order the complainant to pay compensation to the defendant after dismissal <strong>of</strong><br />
proceedings on the grounds that the charge was frivolous and vexatious: s160(1) CPC.<br />
An <strong>of</strong>fender convicted <strong>of</strong> a charge may be ordered to pay compensation to any person who<br />
suffers damage to his or her property or loss as a result <strong>of</strong> the <strong>of</strong>fence: s160(2) CPC.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004