Tuvalu Island Courts Bench Book - Federal Court of Australia

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Criminal Procedure Summons First Appearance (issue warrant if accused does not appear) Identify accused and confirm personal details. Charge is read to accused. Check his or her understanding. Plea Not guilty Guilty Adjourn for hearing. Witnesses to Trial Prosecution reads Summary of Ask accused if facts are true. Unrepresented accused - explain process as set out in 6.1 below No Yes Prosecution calls witnesses. Defence may cross-examine. Defence calls witnesses. Prosecution may cross-examine. Enter plea of guilty and convict Sentence Closing submissions – defence then prosecution Decision Not guilty – acquit Guilty Tuvalu Island Courts Bench Book June 2004
4 How a Case Gets to Court Criminal proceedings (known as a prosecution) are normally filed by the Police on behalf of the Crown against a person alleged to have committed an offence. Other authorities like the Kaupule may also file charges against people for alleged offences, such as under the Public Health Regulations. 4.1 The Charge Before a criminal case proceeds to Court, the President of the Court will be asked to sign a charge (Form 1). The charge is prepared by the Police or Kaupule. The charge gives the name of the person who is accused of an offence, details of what the Police allege that the accused has done, and the law the Police allege that the accused has breached. Remember that these are allegations which have to be proved or admitted and the accused is innocent until proven guilty. Frequently, in the Island Court, the charge has details of when and where the charge will be heard. This is served as a summons. This can be separate or on the same document. A charge must be brought not more than 6 months after the offence was committed: reg13 Island Courts Regulations; s204 CPC. 4.2 The Summons A summons is a formal notice requiring a person to appear before the Court on the date and time stated in the summons. The summons is prepared by the Court Clerk (Form 2). The Court Clerk arranges for the Police to serve the summons on the accused in person. Where the accused is off island, the charge and summons should be prepared and sent to where the accused is living. • That is not a problem if on Tuvalu. • If the accused is overseas, the case cannot proceed until he or she returns. A case cannot be transferred from one island to another. It must be heard where the summons has been issued. Service can take place on another island for a person to attend on the other, provided that reasonable travel arrangements can be made by the accused. Tuvalu Island Courts Bench Book June 2004
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Tuvalu Island Courts Bench Book Pro
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nor this Book would be as effective
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2 Conduct in Court 2.1 Preparing fo
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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
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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: Act Section Description Marriage Ac
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
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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
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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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