Tuvalu Island Courts Bench Book - Federal Court of Australia

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Previous convictions When, at an earlier time, an offender has been found guilty and been convicted of a charge. Regulations These are passed by Ministers with the authority of Cabinet, and are binding in much the same way as legislation. Right of appeal In any case you hear, and after your decision has been given, the right a person has to come before a higher Court and have the matter reconsidered. Sentence, and sentencing The penalty that an offender must pay or do. You pass sentence after you have either found someone guilty, or that person has pleaded guilty. Usually a fine or imprisonment. Special licence In family cases, when you are asked to permit marriage to occur. Standard of proof In criminal cases, the standard of proof is beyond reasonable doubt. In civil cases, the standard of proof is on the balance of probabilities (more likely than not). Statutory law Law passed by Parliament. Summary offences Lower type of offences, usually heard by Island Courts. Summons A formal document advising someone to come to Court. To convict The formal process of recording the guilt of the accused after either a guilty plea or decision of guilt by you. Tuvalu Island Courts Bench Book June 2004
Tort A wrong committed by one person toward another, where they are responsible for it and other person may make a claim for damages. Writ of summons In civil cases, is the way in which a person who is taken to Court is told about it. Young person In a criminal case, a person aged 14 years or above, but under 17. 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 and 20: 2.4 A Brief Description of the Cour
Page 21 and 22: The Sovereign in Council is the Que
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: Impartial/Impartiality Being free o
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
Page 71 and 72: 8.1 Principles Governing Decision M
Page 73 and 74: 8.3 A Structured Approach to Making
Page 75 and 76: Criminal Decision Format Follow thi
Page 77 and 78: 9.1 Principles of Sentencing It is
Page 79 and 80: Customary considerations Custom may
Page 81 and 82: 9.4 Types of Sentence The Island Co
Page 83 and 84: Discharge (Absolute) Imposed where
Page 85 and 86: When a case has been decided on app
Page 87 and 88: 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
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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
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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
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CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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