Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
Foreword This Bench Book is a welcome assistance for Magisterial work. It is intended to be a practical, user-friendly and informative guide to many aspects of the jurisdiction of the Magistrates Court. I urge every Magistrate to use it often, to add to it and become part of developing and improving it further in the years ahead. The Bench Book is an important milestone in the work of the National Judicial Education Committee and I am confident that it will lead to greater uniformity and consistency in the approach of Magistrates Courts throughout Fiji. I thank the Pacific Judicial Education Committee, AusAID, NZAID and the Canada Fund, and the National Judicial Education Committee for their hard work and dedication in funding and overseeing the project. In particular I would like to mention Ms Laisa Laveti (Resident Magistrate) who worked tirelessly on the project whilst attached to PJEP, and the Consultant Ms Tina Pope, who co-ordinated the project, with assistance from Mr Paul Logan. This joint effort has resulted in a Bench Book of which we can all be proud of and which will go a long way towards improving the standards and quality of services provided by the Magistrates Court to members of the public. Daniel Fatiaki Chief Justice Fiji Magistrates Bench Book April 2004
Table of Contents 1: The Law and Constitutional Framework 1 Introduction 2 The Rule of Law 3 Sources of Law 3.1 The Fiji Constitution 3.2 Statute Law 3.3 Customary Law 3.4 Common Law 4 The Branches of the State 4.1 The Parliament 4.2 Executive Government 4.3 The Judiciary 5 Jurisdiction 2: Fiji Magistrates’ Court 1 Introduction 2 Governing Legislation 3 Composition of the Court 3.1 Magistrates 3.2 Clerk of the Court 3.3 Other Officers of the Court 4 Jurisdiction 4.1 General Powers 4.2 Territorial Jurisdiction 4.3 Criminal Jurisdiction 4.4 Sentencing Jurisdiction 4.5 Exemptions 4.6 Civil Jurisdiction 4.7 Appellate Jurisdiction 5 Transfer of Cases 5.1 Territorial Transfer 5.2 Transfers to the High Court Fiji Magistrates Bench Book April 2004
- Page 1: Fiji Magistrates Bench Book Produce
- 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 and 18: 4 The Branches of the State 4.1 The
- Page 19 and 20: Prime Minister The Prime Minster mu
- 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
Foreword<br />
This <strong>Bench</strong> <strong>Book</strong> is a welcome assistance for Magisterial work. It is intended to<br />
be a practical, user-friendly and informative guide to many aspects <strong>of</strong> the<br />
jurisdiction <strong>of</strong> the <strong>Magistrates</strong> <strong>Court</strong>. I urge every Magistrate to use it <strong>of</strong>ten, to add<br />
to it and become part <strong>of</strong> developing and improving it further in the years ahead.<br />
The <strong>Bench</strong> <strong>Book</strong> is an important milestone in the work <strong>of</strong> the National Judicial<br />
Education Committee and I am confident that it will lead to greater uniformity and<br />
consistency in the approach <strong>of</strong> <strong>Magistrates</strong> <strong>Court</strong>s throughout <strong>Fiji</strong>. I thank the<br />
Pacific Judicial Education Committee, AusAID, NZAID and the Canada Fund, and<br />
the National Judicial Education Committee for their hard work and dedication in<br />
funding and overseeing the project. In particular I would like to mention Ms Laisa<br />
Laveti (Resident Magistrate) who worked tirelessly on the project whilst attached<br />
to PJEP, and the Consultant Ms Tina Pope, who co-ordinated the project, with<br />
assistance from Mr Paul Logan.<br />
This joint effort has resulted in a <strong>Bench</strong> <strong>Book</strong> <strong>of</strong> which we can all be proud <strong>of</strong> and<br />
which will go a long way towards improving the standards and quality <strong>of</strong> services<br />
provided by the <strong>Magistrates</strong> <strong>Court</strong> to members <strong>of</strong> the public.<br />
Daniel Fatiaki<br />
Chief Justice<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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