Tuvalu Island Courts Bench Book - Federal Court of Australia

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3 Working as a Panel Each Court sitting must have three members, with the President and Vice-President sitting together with an ordinary member. Decisions are by agreement and, if there is no agreement, by majority (2 out of 3): s10 Island Courts Act (Cap 3). The President The role of the President is to manage the proceedings. From the perspective of the public and all before the Court, he or she is in charge of the Courtroom. This involves: • handling all procedures; • issuing all summonses, warrants, orders, convictions and recognisances; • making all pronouncements; • recording the evidence if the Court Clerk is not present; • ensuring all before the Court understand what is going on and are treated with respect; • structuring and guiding any panel discussions out of Court, and ensuring the discussions are purposeful and relevant; and • ensuring that all other members of the Bench have the opportunity to be heard in panel discussions. The President should know the members’ strengths and weaknesses and make the most of their strengths and expertise whenever possible. He or she should ask the opinions of each member, listen to them and treat each contribution as important. The President may ask other members to undertake specific tasks, for example: • note taking; • referring to legislation and this benchbook; • ensuring observation of the rules of evidence. Other members The role of the other members involves: • appropriately drawing the President’s attention to particular matters of significance or procedure; • listening attentively; • undertaking tasks as required by the President; and • working in partnership with the Chair and other Bench members to decide the case. Tuvalu Island Courts Bench Book June 2004
C: CRIMINAL This part describes the criminal jurisdiction of the Island Court. It: • sets out the extent of your criminal jurisdiction; • lists the range of offences you may hear and determine; • describes the processes, from pre-trial to acquittal or sentence; • provides best practice guidance in the conduct of criminal proceedings; • provides a guide to decision making; • provides a guide to sentencing; • sets out the rights of appeal; and • provides guidance for dealing with children and young people. 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 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: It is your responsibility to ensure
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
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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
Page 137 and 138:
Driving while impaired by alcohol o
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Speeding Section reg7(1), (2), (3)
Page 141 and 142:
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
Page 147 and 148:
Supplying a minor Section s99(1) an
Page 149 and 150:
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
Page 169 and 170:
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
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
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5 Matrimonial Property In divorce p
Page 223 and 224:
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
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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