Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
These rights and protections include: • the right to be presumed innocent until proven guilty according to law: Art 40(i) CRC; • the right not to be compelled to give evidence or to confess to guilt: Art 40(iv) CRC; • right to bail absolutely unless any of the adverse qualifications apply: s3(5) Bail Act; • the right not to be subjected to torture or other cruel, inhumane or degrading treatment or punishment: Art 37(a) CRC; • the right to have his or her privacy fully respected at all stages of the proceedings in order to avoid harm being caused to him or her by undue publicity or by process of labelling: Art 8 Beijing Rules; • the right not to be deprived of his or her liberty unlawfully or arbitrarily: Art 37(b) CRC; • the right not to be detained or deprived of personal liberty except with the consent of his or her parents or guardians, or upon an order made by the Court: Principle 16(3) Protection of All Persons under any form of Detention 1988; • right not to have capital punishment or life imprisonment imposed on children/juveniles without possibility of release for offences committed by them: Art 37(a) CRC; • the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time: Art 37(b) CRC; • every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so: Art 37(c) CRC; • every child deprived of his/her liberty shall have the right to prompt access to legal and other assistance: Art 37(d) CRC; • when making decisions concerning children, the best interest of the child shall be a primary consideration: Art 3(1) CRC; • whenever appropriate and desirable, other measures will be taken for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected: Art 40(b) CRC; • where juvenile offenders are concerned, the procedure shall be such so as to take account of their age and the desirability of promoting their rehabilitation: Art 14(4) ICCPR; and • a variety of dispositions, such as care, guidance and supervision orders; counselling; probation foster care; education and vocational training programs; community work and other alternatives to institutional care should be considered by the Courts to ensure that children are dealt with in a manner appropriate to their well being and proportionate both to their circumstances and the offence: Art 40(4) CRC. References: CRC- UN Convention on the Rights of the Child Beijing Rules – UN Standard Minimum Rules for the Administration of Juvenile Justice ICCPR – International Covenant on Civil and Political Rights Fiji Magistrates Bench Book April 2004
16: COMMON OFFENCES Fiji Magistrates Bench Book April 2004
- 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 and 200: 6 Sentencing of Juvenile Offenders
- Page 201: 6.6 Special Considerations Regardin
- 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
- Page 251: Sentence Like Degree The conviction
16:<br />
COMMON OFFENCES<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004