Fiji Magistrates Bench Book - Federal Court of Australia

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• make a probation order in respect of the juvenile offender; • where the juvenile offender is a young person, make an order for imprisonment; and/or • deal with the case in any other lawful manner: s32(1) JA. 6.3 Mental Treatment The Court may, on the evidence of a medical practitioner, order that as a condition of probation, the offender undergo treatment for a period not exceeding 12 months and subject to review by the Court at any time: s33 JA. 6.4 Fines An order against a juvenile offender for payment of a fine, compensation or costs may, and in any case shall if the offender is a child, be an order against the juvenile offender’s parent or guardian for payment of the same. However, the parent or guardian has the right to be heard before such orders are made against him or her: s34 JA. 6.5 Restorative Justice Restorative justice is a response to crime that emphasises healing the wounds of victims, offenders and the community. It allows you to involve both the juvenile offender and the victim in the sentencing process. By involving the victim and juvenile offender in the sentencing process, you provide: • the victim with a chance to explain how the juvenile has harmed them; and • the juvenile with a chance to: hear and see the damage and pain they have caused to the victim; and take responsibility for their actions by having a say in their sentencing; and change their behaviour without the stigma of being a criminal for the rest of their life; • the possibility of reconciliation between the victim and the juvenile. Before applying a restorative justice approach to sentencing a juvenile offender, you should consider: • the nature of the crime; • how serious the crime is; • whether the juvenile and victim are open to this approach; and • whether the prosecution is in favour of this approach. Fiji Magistrates Bench Book April 2004
6.6 Special Considerations Regarding Detention of Juveniles Take note that: • a child shall not be ordered to be imprisoned for any offence: s30(1) JA; and • a young person shall not be imprisoned for more than 2 years for any offence: s30(3) JA. Where a juvenile is found guilty of a grave crime (murder, attempted murder or wounding), the Court may order that he or she be detained for a specified period and at such place and on such conditions as the Minister may direct: s31(1) JA. A juvenile offender in detention for a grave crime may at any time be discharged by the Minister, on his or her discretion, or by license: s31(3) JA. 6.7 Selecting a Place of Detention In selecting a place of detention for a juvenile, when there is more than one choice, you must consider: • whether the place is suitable for the reception of convicted or unconvicted persons; and • whether the place is suitable for a juvenile charged with a serious or minor offence; and • the religious persuasion of the juvenile; and • whether the juvenile is female or male; and • that the person in charge of the place of detention has sufficient authority to be charge of such a place. The juvenile who is committed to custody in a place of detention shall be delivered to the person in charge of the place of detention. Places of detention that are required for the purposes of the Juvenile Act shall be provided or appointed by the Minister. 7 Rights of the Juvenile Defendant In addition to rights provided under the Constitution, juveniles charged with offences have further rights and protection under International Conventions. 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
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• Deal with matters that counsel
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In the unique case of Reginam v Net
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When the alleged offence occurs in
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See Akuila Kuoutawa & R Labasa Crim
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12 Case Management The American Bar
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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
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 and 158: A “serious offence” is any offe
Page 159 and 160: On the granting of bail, the accuse
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
Page 193 and 194: Fiji Magistrates Bench Book April 2
Page 195 and 196: Evidence of age In cases where the
Page 197 and 198: 5 Procedure in Juvenile Courts When
Page 199: 6 Sentencing of Juvenile Offenders
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
Page 209 and 210: Simple Larceny (Theft) Section s259
Page 211 and 212: The requirement of permanent depriv
Page 213 and 214: Conversion Under s279(1)(a) Section
Page 215 and 216: Conversion Under s279(1)(b) Section
Page 217 and 218: Conversion Under s279(1)(c) Section
Page 219 and 220: Burglary Section s299 Penal Code (C
Page 221 and 222: Abuse of Office Section s111 Penal
Page 223 and 224: Acts Intended to Cause Grievous Har
Page 225 and 226: Defences If the prosecution has pro
Page 227 and 228: Robbery Section s293(1)(a) Penal Co
Page 229 and 230: Robbery (with Violence) Section s29
Page 231 and 232: Rape Section s149 Penal Code (Cap.
Page 233 and 234: Corroboration In all sexual offence
Page 235 and 236: Indecent Assault on a Female Sectio
Page 237 and 238: Indecently Insulting or Annoying a
Page 239 and 240: Defilement of Girl under Thirteen Y
Page 241 and 242: Defilement of Girl between Thirteen
Page 243 and 244: Defilement of Female Under Severe A
Page 245 and 246: Dangerous Drugs Section s8(b), 41(2
Page 247 and 248: Causing Death by Reckless or Danger
Page 249 and 250: Receiving Stolen Property Section s
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Sentence Like Degree The conviction
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