Tuvalu Island Courts Bench Book - Federal Court of Australia

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