Fiji Magistrates Bench Book - Federal Court of Australia

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• Probation of Offenders Act; • Mental Health Act; and • Land Transport Act. 3 Composition of the Court 3.1 Magistrates Appointment Magistrates in Fiji are appointed by the Judicial Service Commission, which has the Chief Justice as its Chairperson: s7 MCA, s3(1) Magistrates’ Am. Act 12 of 1998, s133(1)(a) Constitution. The Commission may appoint fit and proper persons to be Second Class and Third Class Magistrates: s7(2) MCA. Removal The Commission may remove a Magistrate from office and take disciplinary action against a Magistrate. This may include: • requiring or permitting the Magistrate to retire from office; • terminating the contract on which the Magistrate is employed; or • not renewing the contract on which the Magistrate is employed: s7A Magistrates’ Am. Act 12 of 1998. 3.2 Clerk of the Court A Clerk is: • appointed by the Chief Registrar; • attached to each Magistrate’s Court; and • under the immediate control of the Magistrate of that Court: s13 MCA. The duties of the Clerk are to: • attend to the sittings of the Court as directed by the Magistrate; • create Court documents and give these to the Magistrate for his or her signature; • issue civil processes; Fiji Magistrates Bench Book April 2004
• make copies of proceedings and to record the judgments, convictions and orders of the Court; • receive all monies paid to the Court and keep good records; • administer oaths when asked to by the Magistrate (who should be present); and • do whatever else the Magistrate asks: s14 MCA. 3.3 Other Officers of the Court Other officers of the Court include: • Sheriff officers: s15MCA; and • Bailiff officers: s3(1) Distress for Rent Act Cap 36. 4 Jurisdiction 4.1 General Powers All Magistrates, once appointed, shall have and exercise the powers and jurisdiction conferred upon them by the Magistrates’ Courts Act or any other Act: s7(3) MCA. The Judicial and Legal Services Commission may, by the terms of its appointment, restrict the powers of a Third Class Magistrate in such manner and extent as they see fit: s7(3) MCA. As prescribed by any Act, the rules of Court, or by any special order of the Chief Justice, every Magistrate shall have power to: • issue writs of summon for the commencement of actions; • administer oaths and take affirmations and declarations; • receive production of books and documents; • make decrees and orders; • issue processes; and • exercise judicial and administrative powers in relation to the administration of justice: s20 MCA. Fiji Magistrates Bench Book April 2004
Page 1 and 2: Fiji Magistrates Bench Book Produce
Page 3 and 4: Table of Contents 1: The Law and Co
Page 5 and 6: 4 Real Evidence 5 Exhibits 6 Oral E
Page 7 and 8: 9: First Appearance 1 General 2 Non
Page 9 and 10: 13: Sentencing 1 Introduction 2 Jur
Page 11 and 12: PJEP BENCHBOOK PROJECT 2003/2004 TE
Page 13 and 14: Fiji Magistrates Bench Book April 2
Page 15 and 16: 3.1 The Fiji Constitution The first
Page 17 and 18: 4 The Branches of the State 4.1 The
Page 19 and 20: Prime Minister The Prime Minster mu
Page 21 and 22: 5 Jurisdiction Jurisdiction is the
Page 23 and 24: 2: FIJI MAGISTRATE’S COURT Fiji M
Page 25: 1 Introduction The Magistrate’s C
Page 29 and 30: 4.4 Sentencing Jurisdiction Residen
Page 31 and 32: in suits wherein the validity of an
Page 33 and 34: By application of a Magistrate Subj
Page 35 and 36: Fiji Magistrates Bench Book April 2
Page 37 and 38: Also, see State v Peniasi Kata Cr.
Page 39 and 40: For the defendant to have a fair tr
Page 41 and 42: An exception for the requirement fo
Page 43 and 44: 4: JUDICIAL CONDUCT Fiji Magistrate
Page 45 and 46: 1 Ethical Principles On appointment
Page 47 and 48: 1.5 “Without Fear or Favour, Affe
Page 49 and 50: d) Conflict of interest You must di
Page 51 and 52: 1. Prior notice • You should be s
Page 53 and 54: • Avoid a patronising and or undu
Page 55 and 56: 5: EVIDENCE Fiji Magistrates Bench
Page 57 and 58: 1 Introduction Evidence refers to t
Page 59 and 60: By definition, documentary evidence
Page 61 and 62: The distinction between ‘in Court
Page 63 and 64: Spouses The spouse of the defendant
Page 65 and 66: 7.3 Leading Questions A general rul
Page 67 and 68: • Sometimes the witness will show
Page 69 and 70: If the legal burden is borne by the
Page 71 and 72: In a voir dire hearing, evidence sh
Page 73 and 74: • ensure that the witness who giv
Page 75 and 76: 8.8 Character Evidence Admissibilit
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6: CRIMINAL RESPONSIBILITY Fiji Mag
Page 79 and 80:
1 Introduction The Penal Code is th
Page 81 and 82:
An honest claim of right is when a
Page 83 and 84:
To raise a defence of accident, it
Page 85 and 86:
It is the defendant who bears the o
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3 Intoxication must also be taken i
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Compulsion by threats Compulsion by
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• Force may include killing the a
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Enabling or Aiding: s21(1)(b) Penal
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Counselling The normal meaning of c
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Withdrawal Sometimes there may be a
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4.3 Accessories After the Fact: ss3
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• At least two persons must agree
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Fiji Magistrates Bench Book April 2
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2.2 Endorsing the Criminal Evidence
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• Deal with matters that counsel
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In the unique case of Reginam v Net
Page 111 and 112:
When the alleged offence occurs in
Page 113 and 114:
See Akuila Kuoutawa & R Labasa Crim
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12 Case Management The American Bar
Page 117 and 118:
8: PRE-TRIAL MATTERS Fiji Magistrat
Page 119 and 120:
1 The Criminal Process The followin
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In the event of a person whom such
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If the charge is defective: • ret
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3.2 Warrant of Arrest Notwithstandi
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If, in the course of trial, the evi
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2 Non-Appearance by the Defendant I
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Explaining the charge to the defend
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For example, on a charge of malicio
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Immediate hearing If all parties ar
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10: DEFENDED HEARINGS Fiji Magistra
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1 Magistrate’s Notes A suggestion
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2.4 Plea of Guilty to Other Offence
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A convenient test is found in the P
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5.6 Lies If it is established that
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7 Exhibits 7.1 Production Though it
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11: BAIL Fiji Magistrates Bench Boo
Page 153 and 154:
1 Introduction The Bail Act 2002 se
Page 155 and 156:
4.3 Primary Consideration The prima
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A “serious offence” is any offe
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On the granting of bail, the accuse
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6 Refusal of Bail If bail is refuse
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12: JUDGMENT Fiji Magistrates Bench
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1 A Structured Approach to Defended
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3.1 Judgment Format The format on t
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13: SENTENCING Fiji Magistrates Ben
Page 171 and 172:
1 Introduction At the end of a tria
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The judicial act of sentencing need
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These include the following: • pr
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7 Consideration of Other Offences W
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9 Types of Sentences 9.1 Corporal P
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9.5 Supervision As part of the prob
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Police supervision should not excee
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14: APPEALS, REVISIONS AND CASES ST
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1 Appeals The Magistrates’ Courts
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Supplementing the record In cases w
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The High Court shall hear and deter
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Page 195 and 196:
Evidence of age In cases where the
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5 Procedure in Juvenile Courts When
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6 Sentencing of Juvenile Offenders
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6.6 Special Considerations Regardin
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16: COMMON OFFENCES Fiji Magistrate
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False Pretences Under s309(a) Secti
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False Pretences Under s309(b) Secti
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Simple Larceny (Theft) Section s259
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The requirement of permanent depriv
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Conversion Under s279(1)(a) Section
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Conversion Under s279(1)(b) Section
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Conversion Under s279(1)(c) Section
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Burglary Section s299 Penal Code (C
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Abuse of Office Section s111 Penal
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Acts Intended to Cause Grievous Har
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Defences If the prosecution has pro
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Robbery Section s293(1)(a) Penal Co
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Robbery (with Violence) Section s29
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Rape Section s149 Penal Code (Cap.
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Corroboration In all sexual offence
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Indecent Assault on a Female Sectio
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Indecently Insulting or Annoying a
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Defilement of Girl under Thirteen Y
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Defilement of Girl between Thirteen
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Defilement of Female Under Severe A
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Dangerous Drugs Section s8(b), 41(2
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Causing Death by Reckless or Danger
Page 249 and 250:
Receiving Stolen Property Section s
Page 251:
Sentence Like Degree The conviction
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Fiji Magistrates Bench Book - Federal Court of Australia

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