Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
This principle touches several different areas of your conduct. a) Judicial demeanour While acting decisively, maintaining firm control of the process and ensuring cases are dealt with quickly, you should treat everyone before the Court with appropriate courtesy. b) Civic and charitable activity You are free to participate in civic, charitable and religious activities, subject to the following considerations: • Avoid any activity or association that could reflect adversely on your impartiality or interfere with the performance of your judicial duties. • Do not solicit funds or lend the prestige of the judicial office to such solicitations. • Avoid involvement in causes and organisations that are likely to be engaged in litigation. • Do not give legal or investment advice. c) Political activity You should refrain from conduct which, in the mind of a reasonable, fair minded and informed person, would undermine confidence in your impartiality with respect to issues that could come before the Courts. All partisan political activity must cease upon appointment. You should refrain from conduct that, in the mind of a reasonable, fair minded and informed person, could give rise to the appearance that you are engaged in political activity. You should refrain from: • membership in political parties and political fundraising; • attendance at political gatherings and political fundraising events; • contributing to political parties or campaigns; • taking part publicly in controversial political discussions except in respect of matters directly affecting the operation of the Courts, the independence of the judiciary or fundamental aspects of the administration of justice; • signing petitions to influence a political decision. Members of your family have every right to be politically active. Sometimes this may adversely affect the public perception of your impartiality. You should not sit in any case before the Court where there could reasonably be such a perception. Fiji Magistrates Bench Book April 2004
d) Conflict of interest You must disqualify yourself in any case in which you believe that you will be unable to judge impartially. You should also disqualify yourself if a reasonable, fair minded and informed person would have a personal suspicion of conflict between your personal interest (or that of your immediate family or close friends or associates) and your duty. Never preside over a case where the defendant or witness: • is a near relative; • is a close friend; • is an employer or employee; or • has a close business relationship with you. In Fiji, family relationships can sometimes be a major problem. Decide how closely that person is related to you, then take the option that you think would best preserve a position of impartiality. Do not preside over a case where you may have or appear to have preconceived or pronounced views relating to: • issues; • witnesses; or • parties. For example, if you witness an accident, do not preside over any case arising out of that accident. Disqualification is not appropriate if: • the matter giving rise to the perception of a possibility of conflict is trifling or would not support a plausible argument in favour of disqualification; • no other Magistrates are available to constitute a Court to deal with the case; or • because of urgent circumstances, failure to act could lead to a miscarriage of justice. Fiji Magistrates Bench Book April 2004
- Page 1 and 2: Fiji Magistrates Bench Book Produce
- Page 3 and 4: Table of Contents 1: The Law and Co
- 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: 1.5 “Without Fear or Favour, Affe
- Page 51 and 52: 1. Prior notice • You should be s
- Page 53 and 54: • Avoid a patronising and or undu
- Page 55 and 56: 5: EVIDENCE Fiji Magistrates Bench
- Page 57 and 58: 1 Introduction Evidence refers to t
- Page 59 and 60: By definition, documentary evidence
- Page 61 and 62: The distinction between ‘in Court
- Page 63 and 64: Spouses The spouse of the defendant
- Page 65 and 66: 7.3 Leading Questions A general rul
- Page 67 and 68: • Sometimes the witness will show
- Page 69 and 70: If the legal burden is borne by the
- Page 71 and 72: In a voir dire hearing, evidence sh
- Page 73 and 74: • ensure that the witness who giv
- Page 75 and 76: 8.8 Character Evidence Admissibilit
- Page 77 and 78: 6: CRIMINAL RESPONSIBILITY Fiji Mag
- Page 79 and 80: 1 Introduction The Penal Code is th
- Page 81 and 82: An honest claim of right is when a
- Page 83 and 84: To raise a defence of accident, it
- Page 85 and 86: It is the defendant who bears the o
- Page 87 and 88: 3 Intoxication must also be taken i
- Page 89 and 90: Compulsion by threats Compulsion by
- Page 91 and 92: • Force may include killing the a
- Page 93 and 94: Enabling or Aiding: s21(1)(b) Penal
- Page 95 and 96: Counselling The normal meaning of c
- Page 97 and 98: Withdrawal Sometimes there may be a
This principle touches several different areas <strong>of</strong> your conduct.<br />
a) Judicial demeanour<br />
While acting decisively, maintaining firm control <strong>of</strong> the process and ensuring cases are dealt<br />
with quickly, you should treat everyone before the <strong>Court</strong> with appropriate courtesy.<br />
b) Civic and charitable activity<br />
You are free to participate in civic, charitable and religious activities, subject to the following<br />
considerations:<br />
• Avoid any activity or association that could reflect adversely on your impartiality or<br />
interfere with the performance <strong>of</strong> your judicial duties.<br />
• Do not solicit funds or lend the prestige <strong>of</strong> the judicial <strong>of</strong>fice to such solicitations.<br />
• Avoid involvement in causes and organisations that are likely to be engaged in litigation.<br />
• Do not give legal or investment advice.<br />
c) Political activity<br />
You should refrain from conduct which, in the mind <strong>of</strong> a reasonable, fair minded and informed<br />
person, would undermine confidence in your impartiality with respect to issues that could come<br />
before the <strong>Court</strong>s.<br />
All partisan political activity must cease upon appointment. You should refrain from conduct<br />
that, in the mind <strong>of</strong> a reasonable, fair minded and informed person, could give rise to the<br />
appearance that you are engaged in political activity.<br />
You should refrain from:<br />
• membership in political parties and political fundraising;<br />
• attendance at political gatherings and political fundraising events;<br />
• contributing to political parties or campaigns;<br />
• taking part publicly in controversial political discussions except in respect <strong>of</strong> matters<br />
directly affecting the operation <strong>of</strong> the <strong>Court</strong>s, the independence <strong>of</strong> the judiciary or<br />
fundamental aspects <strong>of</strong> the administration <strong>of</strong> justice;<br />
• signing petitions to influence a political decision.<br />
Members <strong>of</strong> your family have every right to be politically active. Sometimes this may adversely<br />
affect the public perception <strong>of</strong> your impartiality. You should not sit in any case before the <strong>Court</strong><br />
where there could reasonably be such a perception.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004