Tuvalu Island Courts Bench Book - Federal Court of Australia

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• criminal offences for which the maximum penalty does not exceed imprisonment for one year, a fine of $200, or both. The Magistrates’ Courts may review any judgment, sentence or order of any Island Court within the district in which the Magistrate’s Court is situated. The Senior Magistrate’s Court may hear and determine: • criminal offences for which the maximum punishment does not exceed 14 years’ imprisonment or a fine of $1,000, or both; • appeals from civil and criminal decisions of a Magistrate’s Court. The Chief Justice has power under the Magistrates’ Courts Act (Cap 2) to invest the Senior Magistrate’s Court and any Magistrates’ Courts with jurisdiction to try summarily any offence that would otherwise be beyond its jurisdiction. The High Court The High Court is established under Part VII of the Constitution and consists of the Chief Justice. The Head of State has power, upon the advice of Cabinet, to appoint additional Judges. The High Court has jurisdiction: • in relation to the fundamental rights guaranteed by Part II of the Constitution; • in relation to questions as to membership of Parliament; • in relation to the interpretation or application of the Constitution; • to hear appeals from the lower Courts. The Court of Appeal The Court of Appeal is established under ss134 and 135 of the Constitution, and is to be regulated by an Act of Parliament. This has not yet been enacted. When it has, the Court of Appeal will hear appeals from decisions of the High Court. The Sovereign in Council Appeals from decisions of the Court of Appeal may be made to the Sovereign in Council, but only: • in cases involving the interpretation or application of the Constitution; • appeals relating to the enforcement of the Bill of Rights; and • final or interlocutory decisions of the Court of Appeal which, in the opinion of the Court of Appeal, are of public importance. Tuvalu Island Courts Bench Book June 2004
The Sovereign in Council is the Queen of the United Kingdom, acting by and with the advice of the Judicial Committee of the Privy Council. The Sovereign in Council is commonly called the “Privy Council”. 3 Tuvalu Island Courts The Island Court: • is a the Court where most of justice is administered in Tuvalu; and • is established under the Island Courts Act (Cap 3). 3.1 The Relevant Legislation Procedures • Island Courts Act (Cap 3); • Island Courts Regulations (Cap 3); • Criminal Procedure Code (Cap 7); • Rehabilitation of Offenders Act 1991; • Enforcement of Judgments (Payments from Wages) Act (Cap 94). Criminal • Penal Code (Cap 8); • Public Order Act (Cap 9); • Dogs Act (Cap 46); • Traffic Act (Cap 71); • Public Health Act (Cap 35); • Alcoholic Drinks Act (Cap 69); • Falekaupule Act 1997. Tuvalu Island Courts Bench Book June 2004
Page 1 and 2: Tuvalu Island Courts Bench Book Pro
Page 3 and 4: nor this Book would be as effective
Page 5 and 6: 2 Conduct in Court 2.1 Preparing fo
Page 7 and 8: E Civil 1 Introduction 2 Civil Juri
Page 9 and 10: Pacific Judicial Education Programm
Page 11 and 12: Tuvalu Island Courts Bench Book Jun
Page 13 and 14: The independence of the Judiciary i
Page 15 and 16: The Constitution gives immunity to
Page 17 and 18: 2.2 General Characteristics of the
Page 19: 2.4 A Brief Description of the Cour
Page 23 and 24: The following people may not be app
Page 25 and 26: 3.6 Procedures Procedures establish
Page 27 and 28: Any statute or regulation passed af
Page 29 and 30: Customs must be taken into consider
Page 31 and 32: 5.3 The Important Rules of Evidence
Page 33 and 34: For example, X has been prohibited
Page 35 and 36: Term Adjournment Meaning When a cas
Page 37 and 38: Impartial/Impartiality Being free o
Page 39 and 40: Tort A wrong committed by one perso
Page 41 and 42: Tuvalu Island Courts Bench Book Jun
Page 43 and 44: 1.2 “Do Right” Integrity You sh
Page 45 and 46: This principle touches several diff
Page 47 and 48: 2 Conduct in Court 2.1 Preparing fo
Page 49 and 50: • Never make fun of a party or wi
Page 51 and 52: It is your responsibility to ensure
Page 53 and 54: C: CRIMINAL This part describes the
Page 55 and 56: 1 Criminal Jurisdiction of the Isla
Page 57 and 58: Act Section Description Penal Code
Page 59 and 60: Act Section Description Marriage Ac
Page 61 and 62: 4 How a Case Gets to Court Criminal
Page 63 and 64: In any case before the Court, the d
Page 65 and 66: The person should be in attendance
Page 67 and 68: 6.4 The Defence The defence does no
Page 69 and 70: Mental capacity (called the mens re
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8.1 Principles Governing Decision M
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8.3 A Structured Approach to Making
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Criminal Decision Format Follow thi
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9.1 Principles of Sentencing It is
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Customary considerations Custom may
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9.4 Types of Sentence The Island Co
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Discharge (Absolute) Imposed where
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When a case has been decided on app
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Assistance for the young person Usu
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11.4 Sentencing Young Offenders Par
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D: COMMON OFFENCES This part is a q
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The following offences are those th
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Drunk and disorderly Section s167(d
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Defences If the prosecution has pro
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Words or behaviour There must be go
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Public place The prosecution must p
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Legal excuse The prosecution must p
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Took and carried away The prosecuti
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The prosecution must provide eviden
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Larceny (theft) or destruction of t
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This is a subjective test - it is t
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In Court, the prosecution should id
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Larceny (theft) of or destruction/d
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Defences If the prosecution has pro
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Larceny (theft) of or damage to fix
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For a charge of stealing: Took and
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Going armed in public Section s25 P
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Sentence The maximum penalty is imp
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Place The fight may be in a public
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Driving while unlicensed Section s1
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Breach of provisional driving licen
Page 133 and 134:
Careless driving Section s20 Traffi
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Taking a vehicle without authority
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Driving while impaired by alcohol o
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Speeding Section reg7(1), (2), (3)
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Traffic Act offences where no speci
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Drunkenness on licensed premises Se
Page 145 and 146:
Charges under s98(1) License holder
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Supplying a minor Section s99(1) an
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Under age drinking on licensed prem
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Refusal to leave licensed premises
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Possession of a dangerous weapon on
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Possession of a dangerous weapon wh
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Drinking alcohol in prohibited publ
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The following offences are usually
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• The person named in the charge
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other person. This is a subjective
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possession. Possession does not hav
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Assault causing actual bodily harm
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Assault with intention to commit fe
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Assaulting, resisting or wilfully o
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Assaulting, resisting or obstructin
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Assaulting any person in execution
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Simple larceny (theft) Section ss25
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The accused will have to establish
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Tuvalu Island Courts Bench Book Jun
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3 Civil Procedure Writ filed. Date
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Upon a request for a subpoena of a
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5 Judgment Once all the evidence ha
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If you order imprisonment for defau
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6 Contracts 6.1 What is a Contract?
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Certainty The general rule is that
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A breach of contract can take many
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Validity Is there any reason to mak
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3. Damage or harm as a direct cause
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8 Appeals and Revisions 8.1 Appeals
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F: FAMILY This part generally descr
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1 Family Jurisdiction See s5 and Sc
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2 Marriage The law on Marriage is f
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2.3 The Special License Hearing Thi
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3.3 How a Divorce Case Gets to Cour
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The Court may forego attempts at re
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Divorce Checklist Jurisdiction Are
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If you are not satisfied that adequ
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4.6 Interim Hearing An interim-hear
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5 Matrimonial Property In divorce p
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6.3 How an Application for a Mainte
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If the Island Court makes a mainten
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CRIMINAL FORMS: 1. Charge 2. Summon
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CIVIL FORMS: 11. Writ of summons 12
Page 231 and 232:
FAMILY FORMS: 17. Divorce petition
Page 233 and 234:
CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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