Tuvalu Island Courts Bench Book - Federal Court of Australia

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Table of Contents A The Legal Context 1 The Constitutional Framework of Tuvalu 1.1 Tuvalu’s Constitution 1.2 The Branches of Government in Tuvalu 2 The Tuvalu Court System 2.1 The Structure of the Tuvalu Court System 2.2 General Characteristics of the Tuvalu Court System 2.3 Jurisdiction 2.4 A Brief Description of the Courts 3 Tuvalu Island Courts 3.1 The Relevant Legislation 3.2 Composition of the Court 3.3 Appointment 3.4 Removal from Office 3.5 Jurisdiction 3.6 Procedures 3.7 Language 4 The Law 4.1 Sources of Law in Tuvalu 4.2 The Constitution 4.3 Legislation 4.4 Common Law 4.5 Applied Laws 4.6 Customary Law 5 Evidence 5.1 What is Evidence? 5.2 Types of Evidence 5.3 The Important Rules of Evidence 5.4 Refreshing Memory 5.5 Evidence from Children 5.6 Evidence of a Spouse 5.7 Self – Incrimination 5.8 Jointly Charged Accused 5.9 Identification of the Accused 5.10 Credibility and Reliability 5.11 Lies 6 Legal Terms B Judicial Conduct 1 Ethical Principles 1.1 “Well and Truly Serve” 1.2 “Do Right” 1.3 “All Manner of People” 1.4 “After the Laws and Usages of Tuvalu” 1.5 “Without Fear or Favour, Affection or Ill Will” Tuvalu Island Courts Bench Book June 2004
2 Conduct in Court 2.1 Preparing for a Case 2.2 Principle that Affected Parties have the Right to be Heard 2.3 Courtroom Conduct 2.4 Maintaining the Dignity of the Court 2.5 Communication in Court 3 Working as a Panel C Criminal 1 Criminal Jurisdiction of the Island Court 2 Offences 3 Criminal Procedure 4 How a Case Gets to Court 4.1 The Charge 4.2 The Summons 5 The First Hearing 5.1 Unrepresented Accused 5.2 The Prosecution 5.3 Defence Counsel 5.4 Arraignment and Plea 5.5 Guilty Plea 5.6 Plea by Letter 5.7 Not Guilty Plea 6 Trial 6.1 Unrepresented Accused 6.2 Prosecution Case 6.3 No Case to Answer 6.4 The Defence 6.5 Conclusion of Case 7 Proving an Offence 7.1 Innocent Until Proved Guilty 7.2 Burden and Standard of Proof 7.3 What Must be Proved 7.4 Defences 8 Decision Making 8.1 Principles Governing Decision Making 8.2 Deliberations 8.3 A Structured Approach to Making a Decision 8.4 Delivering a Decision 9 Sentencing 9.1 Principles of Sentencing 9.2 Factors Influencing Sentence 9.3 A Systematic Approach to Sentencing 9.4 Types of Sentence 10 Appeals and Revisions 10.1 Rights of Appeal 10.2 Duties of Island Magistrate 10.3 Duties of Court Clerk when Appeal is Lodged 10.4 Revision Tuvalu Island Courts Bench Book June 2004
Page 1 and 2: Tuvalu Island Courts Bench Book Pro
Page 3: nor this Book would be as effective
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 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
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
Page 89 and 90:
11.4 Sentencing Young Offenders Par
Page 91 and 92:
D: COMMON OFFENCES This part is a q
Page 93 and 94:
The following offences are those th
Page 95 and 96:
Drunk and disorderly Section s167(d
Page 97 and 98:
Defences If the prosecution has pro
Page 99 and 100:
Words or behaviour There must be go
Page 101 and 102:
Public place The prosecution must p
Page 103 and 104:
Legal excuse The prosecution must p
Page 105 and 106:
Took and carried away The prosecuti
Page 107 and 108:
The prosecution must provide eviden
Page 109 and 110:
Larceny (theft) or destruction of t
Page 111 and 112:
This is a subjective test - it is t
Page 113 and 114:
In Court, the prosecution should id
Page 115 and 116:
Larceny (theft) of or destruction/d
Page 117 and 118:
Defences If the prosecution has pro
Page 119 and 120:
Larceny (theft) of or damage to fix
Page 121 and 122:
For a charge of stealing: Took and
Page 123 and 124:
Going armed in public Section s25 P
Page 125 and 126:
Sentence The maximum penalty is imp
Page 127 and 128:
Place The fight may be in a public
Page 129 and 130:
Driving while unlicensed Section s1
Page 131 and 132:
Breach of provisional driving licen
Page 133 and 134:
Careless driving Section s20 Traffi
Page 135 and 136:
Taking a vehicle without authority
Page 137 and 138:
Driving while impaired by alcohol o
Page 139 and 140:
Speeding Section reg7(1), (2), (3)
Page 141 and 142:
Traffic Act offences where no speci
Page 143 and 144:
Drunkenness on licensed premises Se
Page 145 and 146:
Charges under s98(1) License holder
Page 147 and 148:
Supplying a minor Section s99(1) an
Page 149 and 150:
Under age drinking on licensed prem
Page 151 and 152:
Refusal to leave licensed premises
Page 153 and 154:
Possession of a dangerous weapon on
Page 155 and 156:
Possession of a dangerous weapon wh
Page 157 and 158:
Drinking alcohol in prohibited publ
Page 159 and 160:
The following offences are usually
Page 161 and 162:
• The person named in the charge
Page 163 and 164:
other person. This is a subjective
Page 165 and 166:
possession. Possession does not hav
Page 167 and 168:
Assault causing actual bodily harm
Page 169 and 170:
Assault with intention to commit fe
Page 171 and 172:
Assaulting, resisting or wilfully o
Page 173 and 174:
Assaulting, resisting or obstructin
Page 175 and 176:
Assaulting any person in execution
Page 177 and 178:
Simple larceny (theft) Section ss25
Page 179 and 180:
The accused will have to establish
Page 181 and 182:
Tuvalu Island Courts Bench Book Jun
Page 183 and 184:
3 Civil Procedure Writ filed. Date
Page 185 and 186:
Upon a request for a subpoena of a
Page 187 and 188:
5 Judgment Once all the evidence ha
Page 189 and 190:
If you order imprisonment for defau
Page 191 and 192:
6 Contracts 6.1 What is a Contract?
Page 193 and 194:
Certainty The general rule is that
Page 195 and 196:
A breach of contract can take many
Page 197 and 198:
Validity Is there any reason to mak
Page 199 and 200:
3. Damage or harm as a direct cause
Page 201 and 202:
8 Appeals and Revisions 8.1 Appeals
Page 203 and 204:
F: FAMILY This part generally descr
Page 205 and 206:
1 Family Jurisdiction See s5 and Sc
Page 207 and 208:
2 Marriage The law on Marriage is f
Page 209 and 210:
2.3 The Special License Hearing Thi
Page 211 and 212:
3.3 How a Divorce Case Gets to Cour
Page 213 and 214:
The Court may forego attempts at re
Page 215 and 216:
Divorce Checklist Jurisdiction Are
Page 217 and 218:
If you are not satisfied that adequ
Page 219 and 220:
4.6 Interim Hearing An interim-hear
Page 221 and 222:
5 Matrimonial Property In divorce p
Page 223 and 224:
6.3 How an Application for a Mainte
Page 225 and 226:
If the Island Court makes a mainten
Page 227 and 228:
CRIMINAL FORMS: 1. Charge 2. Summon
Page 229 and 230:
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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