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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 21
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
SECTION
1.
Short
title.
2.
Interpretation.
3.
Trial of offences under Penal Code and other laws.
PART II - POWERS OF COURTS
4.
Offences under Penal
Code.
5.
Offences under other
laws.
6.
Sentences which Supreme Court may
pass.
7.
Sentences which a resident magistrate may
pass.
8.
Sentences which a second class magistrate may
pass.
9.
Sentences which a third class magistrate may
pass.
10.
Powers and jurisdiction of Fijian
courts.
11.
Combination of
sentences.
12.
Sentence in cases of conviction of several offences at one trial.
PART III - GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKING
Arrest Generally
13.
Arrest, how
made.
14.
Search of place entered by person sought to be
arrested.
15.
Power to break out of house, etc., for purpose of
liberation.
16.
No unnecessary
restraint.
17.
Search of arrested
persons.
18.
Power of police officers to detain and search persons, vehicles and vessels in
certain
circumstances.
19.
Mode of searching
women.
20.
Power to seize offensive weapons.
Arrest without warrant
21.
Arrest by police officer without
warrant.
22.
Refusal to give name and
residence.
23.
Disposal of persons arrested by police
officer.
24.
Arrest by private
person.
25.
Disposal of person arrested by private
person.
26.
Detention of persons arrested without
warrant.
27.
Offence committed in magistrate's
presence.
28.
Arrest by magistrate.
Escape and Retaking
29.
Recapture of person
escaping.
30.
Application of provisions of sections
14
and
15.
31.
Assistance to magistrate or police officer.
PREVENTION OF OFFENCES
Security for keeping the Peace and for Good Behaviour
32.
Security for keeping the
peace.
33.
Security for good behaviour from persons disseminating seditious
matters.
34.
Security for good behaviour from vagrants and suspected
persons.
35.
Security for good behaviour from habitual
offenders.
36.
Making of
order.
37.
Procedure in respect of person present in
court.
38.
Summons or warrant in case of person not present in
court.
39.
Copy of order to accompany summons or
warrant.
40.
Power to dispense with personal
attendance.
41.
Inquiry as to truth of
information.
42.
Order to give
security.
43.
Discharge of person informed against.
Proceedings subsequent to Order to Furnish Security
44.
Commencement of period for which security is
required.
45.
Contents of
recognizance.
46.
Power to reject
sureties.
47.
Procedure on failure of person to give
security.
48.
Release of persons imprisoned for failure to give
security.
49.
Power of Supreme Court to cancel
recognizance.
50.
Discharge of sureties.
PREVENTIVE ACTION OF THE POLICE
51.
Police to prevent cognizable
offences.
52.
Information of design to commit such
offences.
53.
Arrest to prevent such
offences.
54.
Prevention of injury to public
property.
55.
Power to arrest and produce before court person attempting to kill
himself.
PART IV - PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS
PLACE OF INQUIRY OR TRIAL
56.
General authority of courts of
Fiji.
57.
Accused person to be sent to division where offence
committed.
58.
Removal of accused person under
warrant.
59.
Jurisdiction of Supreme
Court.
60.
Place and date of sessions of Supreme
Court.
61.
Ordinary place or inquiry or
trial.
62.
Trial at place where act done or consequence
ensues.
63.
Trial where offence is connected with another
offence
64.
Trial where place of offence is
uncertain
65.
Offence committed on a
journey
66.
Supreme Court to decide in case of
doubt
67.
Court to be open.
TRANSFER OF CASES
68.
Transfer of case where offence committed outside
jurisdiction
69.
Transfer after commencement of inquiry or trial
70.
Power to change venue.
CONTROL OF CROWN IN CRIMINAL PROCEEDINGS
71.
Power of Director of Public Prosecutions to enter
nolle
prosequi
72.
Crown Counsel
APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF PROSECUTIONS
73.
Power to appoint public
prosecutors.
74.
Powers of public
prosecutors.
75.
Police may conduct prosecutions before magistrates'
courts.
76.
Prosecutors to be subject to directions of Director of Public
Prosecutions.
77.
Conduct of prosecution.
INSTITUTION OF PROCEEDINGS
Proceedings by way of Summons or Warrant
78.
Complaint and
charge.
79.
Issue of summons or warrant.
Proceedings by way of Notice to Attend Court
80.
Notice to attend court.
Proceedings by way of Fixed Penalty Notice
80A.
Interpretation,
etc.
80B.
Issue of fixed penalty
notice.
80C.
Procedure consequent upon issue of fixed penalty
notice
80D.
Unauthorised removal of, or interference with, notice
PROCESS TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
Summons
81.
Form and contents of
summons.
82.
Service of
summons.
83.
Service when person summoned cannot be
found.
84.
Procedure when service cannot be effected as before
provided.
85.
Service on a
company.
86.
Where summons may be
served.
87.
Proof of service when serving officer not
present.
88.
Power to dispense with personal attendance of accused.
Warrant of Arrest
89.
Warrant after issue of
summons.
90.
Summons
disobeyed.
91.
Form, contents and duration of warrant of
arrest.
92.
Court may direct security to be
taken.
93.
Warrants to whom
directed.
94.
Notification of substance of
warrant.
95.
Person arrested to be brought before the court without
delay.
96.
Where warrant of arrest may be
executed.
97.
Procedure on arrest of person outside
jurisdiction.
98.
Irregularities in warrant.
Miscellaneous Provisions regarding Processes
99.
Power to take bond for
appearance.
100.
Arrest for breach of bond for
appearance.
101.
Power of court to order prisoner to be brought before it.
Provision of this Part generally applicable to all summonses and warrants
102.
Powers of justices of the peace
SEARCH WARRANTS
103.
Power to issue search
warrant.
104.
Execution of search
warrant.
105.
Persons in charge of closed place to allow ingress thereto and egress
therefrom.
106.
Detention of property
seized.
107.
Provisions applicable to search warrants.
PROVISIONS AS TO BAIL AND RECOGNIZANCES
108.
Bail in certain
cases.
109.
Recognizance of
bail.
110.
Discharge from
custody.
111.
Deposit instead of
recognizance
112.
Power to order sufficient bail when that first taken is insufficient
113.
Discharge of
sureties
114.
Death of
surety
115.
Persons bound by recognizance absconding may be
committed
116.
Forfeiture of
recognizance
117.
Appeal from and revision of
orders
118.
Power to direct levy of amount due on certain recognizances
CHARGES AND INFORMATIONS
119.
Offence to be specified in charge or information with necessary
particulars.
120.
Joinder of counts in a charge or
information.
121.
Joinder of two or more accused in one charge or
information.
122.
Rules for the framing of charges and information.
PREVIOUS CONVICTION OR ACQUITTAL
123.
Persons convicted or acquitted not to be tried again for same
offence.
124.
Person may be tried again for separate
offence.
125.
Consequences supervening or not known at former
trial.
126.
Where original court not competent to try subsequent
charge.
127.
Previous conviction, how proved. Fingerprints.
OFFENCES BY FOREIGNERS WITHIN THE WATERS OF FIJI
128.
Leave of Director of Public Prosecutions necessary before prosecution
instituted
COMPELLING ATTENDANCE OF WITNESSES
129.
Summons for
witness.
130.
Warrant for witness who disobeys
summons.
131.
Warrant for witness in first
instance.
132.
Mode of dealing with witness arrested under
warrant.
133.
Power to order prisoner to be brought up for
examination.
134.
Penalty for non-attendance of witness.
EXAMINATION OF WITNESSES
135.
Power to summon material witnesses, or examine person
present.
136.
Evidence to be given on
oath.
137.
Refractory
witness.
138.
Cases when wife or husband may be called without the consent of the
accused.
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
139.
Issue of commission for examination of
witness
140.
Parties may examine
witnesses
141.
Power of magistrate to apply for issue of
commission
142.
Return of
commission
143.
Adjournment of inquiry or trial
NEGATIVE AVERMENTS
144.
Negative averments
EVIDENCE FOR DEFENCE
145.
Competency of accused and husband or wife as witnesses in criminal
cases
146.
Procedure where person charged is the only witness
called
147.
Right of reply
PROCEDURE IN CASE OF THE UNSOUNDNESS OF MIND OR OTHER INCAPACITY OF AN ACCUSED PERSON
148.
Inquiry by court as to unsoundness of mind of
accused
149.
Defence of unsoundness of mind at preliminary
investigation
150.
Defence of unsoundness of mind on
trial
151.
Resumption of trial or
investigation
152.
Certificate of medical officer of mental hospital as to sanity to be
evidence
153.
Procedure when accused does not understand proceedings
JUDGMENT
154.
Mode of delivering
judgment
155.
Contents of
judgment
156.
Judgment in trials before the Supreme
Court
157.
Copy of judgment, etc., to be given to accused on application
COSTS AND COMPENSATION
158.
Costs against accused. Costs against
prosecutor
159.
Order to pay costs
appealable
160.
Compensation
161.
Power of courts to award expenses or compensation out of fine,
etc.
162.
Payment to innocent person of money found on accused
RECONCILIATION
163.
Promotion of reconciliation
RESTITUTION OF PROPERTY
164.
Preservation or disposal of
property
165.
Property
stolen
166.
Stay of
order
167.
Restoration of possession of real
property
168.
Procedure by police on seizure of property
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
169.
Conviction of minor offences included in offence
charged
170.
Conviction of
attempt
171.
Conviction of infanticide of woman charged with murder of
child
172.
Conviction of killing unborn child on charge of murder,
etc.
173.
Conviction of procuring abortion on chare of killing unborn
child
174.
Conviction of concealment of birth on charge of murder,
etc.
175.
Conviction of careless or dangerous driving on charge of
manslaughter
176.
Conviction of kindred offence on charge of
rape
177.
Conviction of unlawful carnal knowledge on charge of
incest
178.
Conviction of kindred offence on charge of defilement of girl under sixteen
years of
age
179.
Conviction of kindred offence on charge of defilement of girl under thirteen
years of
age
180.
Conviction of kindred offence on charge of burglary,
etc.
181.
Conviction of receiving, embezzlement, obtaining by false pretences or
possessing or conveying stolen property on charge of
stealing
182.
Conviction of stealing on charge of obtaining by false
pretences
183.
Conviction of assault with intent to rob on charge of
robbery
184.
Conviction of stealing on charge of
embezzlement
185.
Construction f sections
169
to
184
inclusive
MISCELLANEOUS PROVISIONS
186.
Persons charged with jointly receiving property ay be convicted on proof that
property was received
separately
187.
Conviction of felony on charge of
misdemeanour
188.
Right of accused to be defended
PART
V - MODE OF TAKING AND RECORDING EVIDENCE
IN INQUIRIES AND
TRIALS
189.
Evidence to be taken in presence of
accused
190.
Manner of recording evidence before
magistrate
191.
Admission of signed plan or
report
192.
Statements in criminal proceedings other than a preliminary
enquiry
193.
False
evidence
194.
Language of the
court
195.
Interpretation of evidence to
accused
196.
Conviction or commitment on evidence partly recorded by one magistrate and
partly by
another
197.
Record of evidence in Supreme Court
PART
VI - PROCEDURE IN TRIALS
BEFORE
MAGISTRATES'
COURTS
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
198.
Non-appearance of complainant at
hearing
199.
Court may proceed with hearing in absence of accused in certain
cases
200.
Appearance of both
parties
201.
Withdrawal of
complaint
202.
Adjournment
203.
Non-appearance for parties after
adjournment
204.
Conviction in absence of accused may be set
aside
205.
Commencement of sentence passed in absence of
accused
206.
Accused to be called on the
plead
207.
Procedure in case of previous
convictions
208.
Plea of guilty to other
offence
209.
Procedure on plea of "not
guilty"
210.
Acquittal of accused person where no case to answer
211.
The
defence
212.
Evidence in
reply
213.
Opening and closing of case for prosecution and
defence
214.
Variance between charge and evidence and amendment of
charge
215.
The
decision
216.
Consideration of other offences admitted by
accused
217.
Drawing up of conviction or
order
218.
Order of acquittal bar to further procedure
LIMITATIONS AND EXCEPTIONS RELATING TO TRIALS BEFORE MAGISTRATES' COURTS
219.
Limitation of time for summary trials in certain
cases
220.
Power to stop summary trial and hold preliminary inquiry in lieu
221.
Special procedure in minor
cases
222.
Committal by resident magistrate to Supreme Court for sentence
PART VII - PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE SUPREME COURT
PRELIMINARY INQUIRY BY MAGISTRATES' COURTS
223.
Power to commit for
trial
224.
Court to hold preliminary
inquiry
225.
Charge to be read over to
accused
226.
Depositions
227.
Variance between evidence and
charge
228.
Remand
229.
Provisions as to taking statement or evidence of accused
person
230.
Evidence and address in
defence
231.
Discharge f accused
person
232.
Power to apply to Supreme Court for committal in certain cases where accused
person
discharged
233.
Commitment for
trial
234.
Rules as to
alibi
235.
Summary adjudication
236.
Complainant and witnesses to be bound
over
237.
Refusal to be bound
over
238.
Accused entitled to copy of
depositions
239.
Binding over of witnesses conditionally
PRESERVATION OF TESTIMONY IN CERTAIN CASES
240.
Taking the depositions of persons dangerously
ill
241.
Notice to be
given
242.
Transmission of
statements
243.
Use of statement in evidence
PROCEEDINGS AFTER COMMITTAL FOR TRIAL
244.
Transmission of records to Supreme Court and Director of Public
Prosecutions
245.
Power of Director of Public Prosecutions to direct further
investigation
246.
Powers of Director of Public Prosecutions as to additional
witnesses
247.
Return of depositions with a view to summary
trial
248.
Filing of an
information
249.
Notice of
trial
250.
Copy of information and notice to be
served
251.
Return of
service
252.
Postponement of
trial
253.
Information by the Director of Public
Prosecutions
254.
Form of information
PART VIII - COMMITTAL PROCEEDINGS
255.
Committal for trial without oral
evidence
256.
Requirements for the admissibility of written
statements
257.
Reports of committal
proceedings
258.
Clerk to display
notice
259.
Reporting
260.
Signing of depositions by
magistrate
261.
False evidence
PART IX - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT
GENERAL
262.
Practice of Supreme Court in its criminal jurisdiction
MODE OF TRIAL
263.
Trials before Supreme Court to be with assessors
LIST OF ASSESSORS
264.
Preparation of Lists of
assessors
265.
Liability to
service
266.
Exemptions
267.
Disqualifications
ATTENDANCE OF ASSESSORS
268.
Summoning of
assessors
269.
Form of
summons
270.
Excuses
271.
List of assessors
attending
272.
Penalty for non-attendance of assessor
ARRAIGNMENT
273.
Pleading to
information
274.
Orders for amendment of information, separate trial, and postponement of
trial
275.
Quashing of
information
276.
Procedure in case of previous
convictions
277.
Plea of "not
guilty"
278.
Plea guilty to other
offence
279.
Plea of autrefois
acquit and
autrefois
convict
280.
Refusal to
plead
281.
Plea of
"guilty"
282.
Proceedings after plea of "not
guilty"
283.
Power to postpone or adjourn proceedings
ASSESSORS
284.
Selection of
assessors
285.
Absence of an
assessor
286.
Assessors to attend at adjourned sittings
CASE FOR THE PROSECUTION
287.
Opening of case for
prosecution
288.
Additional witnesses for
prosecution
289.
Cross-examination of witnesses for the
prosecution
290.
Depositions may be read as evidence in certain
cases
291.
Depositions of medical witness may be r ad as
evidence
292.
Statement of
accused
293.
Close of case for prosecution
CASE FOR THE DEFENCE
294.
The
defence
295.
Additional witness for the
defence
296.
Evidence in
reply
297.
Prosecutor's
reply
298.
Where accused adduces no
evidence
299.
Delivery of opinions by assessors
PASSING SENTENCE
300.
Calling upon the
accused
301.
Motion in arrest of
judgment
302.
Sentence
303.
Power to reserve decision on questions
raised at
trial
304.
Power to reserve decision on questions arising in the course of
trial
305.
Objections cured by
verdict
306.
Evidence for arriving at proper
sentence
307.
Consideration of other offence admitted
by accused
PART X - APPEALS
APPEALS FROM MAGISTRATES' COURTS
Appeals
308.
Appeal to Supreme
Court
309.
Limitation of appeal on plea of guilty and in petty
cases
310.
Appeal to be by way of
petition
311.
Form and contents of
petition
312.
Petition to be forwarded to the Supreme
Court
313.
Summary dismissal of
appeal
314.
Notice of
hearing
315.
Admission to bail or suspension of sentence pending
appeal
316.
Suspension of sentence of corporal
punishment
317.
Costs
318.
Discontinuance of
appeal
319.
Powers of Supreme
Court
320.
Further
evidence
321.
Order of the Supreme Court to be certified to lower
court
322.
Right of appellant to be present
Revision
323.
Power of Supreme Court to call for
records
324.
Power of magistrates to call for records of inferior courts and to report to the
Supreme
Court
325.
Powers of Supreme Court on
revision
326.
Discretion of court as to hearing
parties
327.
Number of judges in
revision
328.
Supreme Court order to be certified to lower court
Case Stated
329.
Case stated by magistrates'
court
330.
Appellant entitled to copy of stated
case
331.
Notice of time and place of
hearing
332.
Refusal of frivolous
application
333.
Procedure on refusal of magistrate to state
case
334.
Supreme Court to determine the questions on the case; its decision to be
final
335.
Case may be sent back for amendment or
rehearing
336.
Orders of the Supreme Court to be certified to lower
court
337.
Appellant may not proceed both by case stated and by
appeal
338.
Contents of case
stated
339.
Constitution of court hearing case
stated
340.
Supreme Court may enlarge time
PART XI - SUPPLEMENTARY PROVISIONS
IRREGULAR PROCEEDINGS
341.
Proceedings in wrong
place
342.
No appeal on point of form or matter of variance
DIRECTION IN THE NATURE OF HABEAS CORPUS AND WRITS
343.
Power to issue directions of the nature of
habeas
corpus
344.
Power of Supreme Court to issue writs
MISCELLANEOUS
345.
Persons before whom affidavits may be
sworn
346.
Shorthand notes and typewritten records of
proceedings
347.
Copies of
proceedings
348.
Forms
349.
Expenses of assessors, witnesses,
etc.
350.
Application of Code to Rotuma
First Schedule - Offences under the Penal Code
Second Schedule - Forms
Third Schedule - Described Offences and Fixed Penalties
---------------------------------------------
Ordinances
Nos. 19 of 1944, 26 of 1945, 18 of
1947,
15 of 1948,
24 of 1950, 11 of 1952, 27 of
1953,
37 of 1954,
4 of 1955, 19 of 1955, 35 of
1961,
37 of 1966,
13 of 1969, 26 of 1969, 9 of
1970
Orders 7th
October 1970* and 4th November
1970†
Acts
Nos. 12 of 1971, 11 of 1972, 29 of 1972, 16 of
1973,
11 of 1974,
14 of 1975, 18 of 1976, 3 of
1983
* See
Legal Notice No. 112 of
1970
†See
Legal Notice No. 118 of 1970.
AN ACT TO MAKE PROVISION FOR THE PROCEDURE TO BE FOLLOWED IN CRIMINAL CASES
[1 May 1945]
PART I - PRELIMINARY
Short title
1.
This Act (hereinafter referred to as this Code) may be cited as the Criminal
procedure Code.
Interpretation
2.
In this Code, unless the context otherwise requires-
"cognizable offence" means an offence for which a police officer may, in accordance with the First Schedule or under any law for the time being in force, arrest without warrant;
"complaint" means an allegation that some person known or unknown has committed or is guilty of an offence;
"medical practitioner" means any person registered, conditionally or otherwise, under the provisions of the Medical and Dental Practitioners Act;
(Substituted by Ordinance 37 of 1966, s. 6.)
(Cap. 255.)
"non-cognizable offence" means an offence for which a police officer may not arrest without warrant;
"police officer" includes any member of the Royal Fiji Police Force;
"preliminary investigation" means an investigation of a criminal charge held by a magistrates' court with a view to the committal of the accused person for trial before the Supreme Court;
"private prosecution" means a prosecution instituted and conducted by any person other than a public prosecutor or a police officer;
"public prosecutor" means any person appointed under section 73 of this Code, and includes the Attorney-General, the Director of Public Prosecutions, a Crown Counsel, any police officer and any person acting under the directions of the Attorney-General;
"summary trial" means a trial held by a magistrates' court under Part VI.
(Amended by Order*, 7th October 1970.)
* See Legal Notice No. 112 of 1970.
Trial of offences under Penal Code
3.-(1)
All offences under the Penal Code shall be inquired into, tried, and otherwise,
dealt with according to the provisions hereinafter
contained.
(Amended
by Act 16 of 1973, s.
2.)
(Cap.
17.)
Trial of offences under other laws
(2) All offences under any
other law shall be inquired into, tried, and otherwise dealt with according to
the same provisions, subject,
however, to any enactment for the time being in
force regulating the manner or place of inquiring into, trying, or otherwise
dealing
with such offences.
Saving power of Supreme Court
(3) Provided, however, and
notwithstanding anything in this Code contained, the Supreme Court may, subject
to the provisions of any
law for the time being in force in Fiji, in exercising
its criminal jurisdiction in respect of any matter or thing to which the
procedure
prescribed by this Code is inapplicable, exercise such jurisdiction
according to the course of procedure and practice observed by
and before Her
Majesty's High Court of Justice in England at the commencement of this
Code.
PART II-POWERS OF COURTS
Offences under Penal Code
4.-(1)
Subject to the other provisions of this Code, any offence under the Penal Code
may be tried by the Supreme Court, or by any magistrate by whom such offence is
shown in the fifth column of the First Schedule to
be
triable:
Provided that where so
stated in the fifth column of the First Schedule the offence shall not be tried
by a magistrate unless the
consent of the accused to such trial has first been
obtained.
Extension of jurisdiction
(2) Notwithstanding the
provisions of subsection (1), a judge of the Supreme Court may, by order under
his hand and the seal of the
Supreme Court, in any particular case, invest a
resident magistrate† with jurisdiction to try any offence which, in the
absence
of such order, would be beyond his
jurisdiction:
Provided
nevertheless that in no such case shall the sentence passed exceed the limits
specified in section
7.
(Amended by
Ordinance 18 of 1947, s. 2, and by Order ‡ 4th November
1970.)
† See
Legal Notice No. 44 of
1977.
‡ See
Legal Notice No. 118 of
1970.
Offences under other laws
5.-(1)
Any offence under any law other than the Penal Code shall, when any court is
mentioned in that behalf in such law, be tried by such
court.
(Cap.
17)
(2)
When no court is so mentioned, it may,
subject to the proviso to subsection (1) of section
4
and the other provisions of this Code, be tried by the Supreme Court, or by any
magistrate by whom such offence is shown in the fifth
column of the First
Schedule to be triable.
Sentences which Supreme Court may pass
6.
The Supreme Court may pass any sentence authorised by law and may make any order
which a magistrate is authorised to
make.
(Amended by
37 of 1959, s. 2.)
Sentences which a resident magistrate may pass
7.
A resident magistrate may, in the cases in which such sentences are authorised
by law, pass the following sentences, namely:-
(a) imprisonment for a term not exceeding five years;
(Amended by 18 of 1960, s. 2.)
(b) fine not exceeding one thousand dollars;
(c) corporal punishment not exceeding twelve strokes.
(Amended by 13 of 1969, s. 2 and 11 of 1974, s. 2.)
Sentences which a second class magistrate may pass
8.
A second class magistrate may, in the cases in which such sentences are
authorised by law, pass the following sentences, namely:-
(a) imprisonment for a term not exceeding one year;
(b) fine not exceeding two hundred dollars;
(c) corporal punishment not exceeding twelve strokes.
(Amended by 11 of 1974, s. 3.)
Sentences which a third class magistrate may pass
9.
A third class magistrate may, in the cases in which such sentences are
authorised by law, pass the following sentences, namely:-
(a) imprisonment for a term not exceeding six months;
(b) fine not exceeding one hundred dollars.
(Amended by 11 of 1974, s. 4.)
Powers and jurisdiction of Fijian courts
10.
Provincial courts and Tikina courts established under the Fijian Affairs Act
shall have and exercise the powers and jurisdiction conferred upon them by or
under that
Act.
(Cap.
120)
Combination of sentences
11.-(1)
Any court may pass any lawful sentence combining any of the sentences which it
is authorised by law to pass.
(2)
In determining the extent of the court's jurisdiction under sections
7,
8
and
9
to pass a sentence of imprisonment the court shall be deemed to have
jurisdiction to pass the full sentence of imprisonment provided
in the said
sections in addition to any term of imprisonment which may be awarded in default
of payment of a fine, costs or compensation.
Sentence in cases of conviction of several offences at one trial
12.-(1)
When a person is convicted at one trial of two or more distinct offences the
court may sentence him, for such offences, to the
several punishments prescribed
therefor which such court is competent to impose; such punishments when
consisting of imprisonment
to commence the one after the expiration of the other
in such order as the court may direct, unless the court directs that such
punishments
shall run
concurrently.
(2) In the case of
consecutive sentences it shall not be necessary for the court, by reason only of
the aggregate punishment for the
several offences being in excess of the
punishment which it is competent to impose on conviction of a single offence, to
send the
offender for trial before a higher
court;
Provided as
follows:-
(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; and
(b) if the case is tried by a magistrates' court the aggregate punishment shall not exceed twice the amount of punishment which the court is, in the exercise of its ordinary jurisdiction, competent to impose.
(3)
For the purposes of appeal or confirmation the aggregate of consecutive
sentences imposed under this section in case of convictions
for several offences
at one trial shall be deemed to be a single sentence.
PART III-GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKING
Arrest Generally
Arrest
13.-(1)
In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person
to be arrested, unless there be
a submission to the custody by word or
action.
(2) If such person
forcibly resists the endeavour to arrest him, or attempts to evade the arrest,
such police officer or other person
may use all means necessary to effect the
arrest:
Provided that nothing in
this section contained shall be deemed to justify the use of greater force than
was reasonable in the particular
circumstances in which it was employed or was
necessary for the apprehension of the offender.
Search of place entered by person sought to be arrested
14.-(1)
If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that
the person to be arrested has
entered into or is within any place, the person residing in or being in charge
of such place shall,
on demand of such person acting as aforesaid or such police
officer, allow him free ingress thereto and afford all reasonable facilities
for
a search therein.
(2) If ingress
to such place cannot be obtained under subsection (1), it shall be lawful in any
case for a person acting under a warrant,
and, in any case in which a warrant
may issue, but cannot be obtained without affording the person to be arrested an
opportunity
to escape, for a police officer, to enter such place and search
therein, and, in order to effect an entrance into such place, to
break open any
outer or inner door or window of any house or place, whether that of the person
to be arrested or of any other person,
or otherwise effect entry into such house
or place, if after notification of his authority and purpose and demand of
admittance duly
made, he cannot otherwise obtain admittance.
Power to break out of house, etc., for purpose of liberation
15.
Any police officer or other person authorised to make an arrest may break out of
any house or place in order to liberate himself
or any other person who, having
lawfully entered for the purpose of making an arrest, is detained
therein.
No unnecessary restraint
16.
The person arrested shall not be subjected to more restraint than is necessary
to prevent his escape.
Search of arrested persons
17.-(1)
Whenever a person is arrested by a police officer or a private person, the
police officer making the arrest or to whom the private
person makes over the
person arrested may search such person and any articles in his possession or
under his control, and place in
safe custody all articles found in his
possession or under his control and any article found upon him, except necessary
wearing
apparel:
(Amended
by 13 of 1969, s. 3.)
Provided
that whenever the person arrested can be legally admitted to bail and bail is
furnished, such person shall not be searched
unless there are reasonable grounds
for believing that he has about his person any-
(a) stolen articles; or
(b) instruments of violence; or
(c) tools connected with the kind of offence which he is alleged to have
committed; or
(d) other articles which may furnish evidence against him in regard to the offence which he is alleged to have committed.
(2)
The right to search an arrested person does not include the right to examine his
private person.
(3) Where any
property has been taken from a person under this section, and the person is not
charged before any court but is released
on the ground that there is no
sufficient reason to believe that he has committed any offence, any property so
taken from him shall
be restored to him.
Power of police officer to detain and search persons, vehicles and vessels in certain circumstances
18.-(1)
Any police officer who has reason to suspect that any article stolen or
unlawfully obtained, or any article in respect of which
a criminal offence or an
offence against the customs laws has been, is being, or is about to be,
committed, is being conveyed, whether
on any person or in any vehicle, package
or otherwise, or is concealed or carried on any person in a public place, or is
concealed
or contained in any vehicle or package in a public place, for the
purpose of being conveyed, may, without warrant or other written
authority,
detain and search any such person, vehicle or package, and may take possession
of and detain any such article which he
may reasonably suspect to have been
stolen or unlawfully obtained or in respect of which he may reasonably suspect
that a criminal
offence or an offence against the customs laws has been, is
being, or is about to be committed, together with the package, if any,
containing it, and may also detain the person conveying, concealing or carrying
such article:
Provided that this
subsection shall not extend to the case of postal matter in transit by post
except where such postal matter has
been, or is suspected of having been,
dishonestly appropriated during such
transit.
(2) Any police officer of
or above the rank of sergeant may, if he has reason to suspect that there is on
board any vessel any property
stolen or unlawfully obtained, enter without
warrant, and with or without assistants, on board such vessel, and may remain on
board
for such reasonable time as he may deem expedient, and may search with or
without assistance any and every part of such vessel, and,
after demand and
refusal of keys, may break open any receptacle, and upon discovery of any
property which he may reasonably suspect
to have been stolen or unlawfully
obtained; may take possession of and detain such property and may also detain
the person in whose
possession the same is found. Such police officer may pursue
and detain any person who is in the act of conveying any such property
away from
any such vessel or after such person has landed with the property so conveyed
away or found in his
possession.
(3) Any police officer
may, if he has reason to suspect that an offence has been committed, seize any
articles which may be in a public
place and which may furnish evidence in regard
to the commission of such
offence:
Provided that no articles
may be seized under the provisions of this subsection unless there is a
possibility of such articles being
removed or dealt with in such a way as to
prevent their being available as
evidence.
(Inserted
by 13 of 1969, s. 4.)
(4) Any
person detained under this section shall be dealt with under the provisions of
section 26.
Mode of searching women
19.
Whenever it is necessary to cause a woman to be searched, the search shall be
made by another woman with strict regard to decency.
Power to seize offensive weapons
20.
Notwithstanding the provisions of section
17,
the officer or other person making any arrest may take from the person arrested
any instruments of violence which he has about his
person, and shall deliver all
articles so taken to the court or officer before which or whom the officer or
person making the arrest
is required by law to produce the person
arrested.
Arrest without Warrant
Arrest by police officer without warrant
21.
Any police officer may, without an order from a magistrate and without a
warrant, arrest-
(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;
(b) any person who commits any offence in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession ,anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;
(e) any person whom he suspects upon reasonable grounds of being a deserter from Her Majesty's Army or Navy or Air Force;
(f) any person whom he finds in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g) any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Fiji which, if committed in Fiji, would have been punishable as an offence, and for which he is, under the Extradition Act, or otherwise, liable to be apprehended and detained in Fiji;
(Cap. 23)
(h) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;
(i) any released convict committing a breach of any provision prescribed by section 46 of the Penal Code or of any rule made thereunder;
(j) any person for whom he has reasonable cause to believe a warrant of arrest has been issued.
Refusal to give name and residence
22.-(1)
When any person who in the presence of a police officer has committed or has
been accused of committing a non-cognizable offence
refuses on the demand of
such officer to give his name and residence, or gives a name or residence which
such officer has reason
to believe to be false, he may be arrested by such
officer in order that his name or residence may be
ascertained.
(2) When the true
name and residence of such person have been ascertained he shall be released on
his executing a bond, with or without
sureties, to appear before a magistrate if
so required:
Provided that if such
person is not resident in Fiji the bond shall be secured by a surety or sureties
resident in Fiji.
(3) Should the
true name and residence of such person not be ascertained within twenty-four
hours from the time of arrest, or should
he fail to execute the bond or, if so
required, to furnish sufficient sureties, he shall forthwith be taken before the
nearest magistrate
having jurisdiction.
Disposal of persons arrested by police officer
23.
A police officer making an arrest without a warrant shall, without unnecessary
delay and subject to the provisions herein contained
as to bail, take or send
the person arrested before a magistrate or before an officer of or above the
rank of sergeant.
Arrest by private person
24.-(1)
Any private person may arrest any person who in his view commits a cognizable
offence, or whom he reasonably suspects of having
committed a felony provided a
felony has been committed.
(2)
Persons found committing any offence involving injury to property may be
arrested without a warrant by the owner of the property
or his servants or
persons authorised by him.
Disposal of person arrested by private person
25.-(1)
Any private person arresting any other person without a warrant shall without
unnecessary delay make over the person so arrested
to a police officer, or in
the absence of a police officer shall take such person to the nearest police
station.
(2) If there is reason to
believe that such person comes under the provisions of section
21,
a police officer shall re-arrest
him.
(3) If there is reason be
believe that he has committed a non-cognizable offence, and he refuses on the
demand of a police officer
to give his name and residence, or gives a name or
residence which such officer has reason to believe to be false, he shall be
dealt
with under the provisions of section
22.
If there is no sufficient reason to believe that he has committed any offence he
shall be at once released.
Detention of persons arrested without warrant
*26.
When any person has been taken into custody without a warrant for an offence
other than murder or treason, the officer of or above
the rank of corporal to
whom such person shall have been brought may in any case and shall, if it does
not appear practicable to
bring such person before an appropriate magistrates'
court within twenty-four hours after he has been so taken into custody, inquire
into the case, and, unless the offence appears to the officer to be of a serious
nature, release the person on his entering into
a recognizance, with or without
sureties, for a reasonable amount to appear before a magistrates' court at a
time and place to be
named in the recognizance, but where any person is retained
in custody he shall be brought before a magistrates' court as soon as
practicable:
Provided that an
officer of or above the rank of sergeant may release a person arrested on
suspicion on a charge of committing any
offence, when, after due police inquiry,
insufficient evidence is, in his opinion, disclosed on which to proceed with the
charge.
* Amended
by 37 of 1954 and 11 of 1972 s. 2.
Offence committed in magistrate's presence
27.
When any offence is committed in the presence of a magistrate within the local
limits of his jurisdiction he may himself arrest or
order any person to arrest
the offender, and may thereupon, subject to the provisions herein contained as
to bail, commit the offender
to custody.
Arrest by magistrate
28.
Any magistrate may at any time arrest or direct the arrest in his presence,
within the local limits of his jurisdiction, of any person
for whose arrest he
is competent at the time and in the circumstances to issue a
warrant.
Escape and Retaking
Recapture of person escaping
29.
If a person in lawful custody escapes or is rescued, the person from whose
custody he escapes or is rescued may immediately pursue
and arrest him in any
place in Fiji.
Provisions of sections 14 and 15 to apply to arrests under section 29
30.
The provisions of sections
14
and
15
shall apply to arrests under section
29,
although the person making any such arrest is not acting under a warrant and is
not a police officer having authority to arrest.
Assistance to magistrate or police officer
31.
Every person is bound to assist a
magistrate or police officer reasonably demanding his aid-
(a) in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.
PREVENTION OF OFFENCES
Security for keeping the Peace and for Good Behaviour
Security for keeping the peace
*32.-(1)
Whenever a magistrate is informed on oath that any person is likely to commit a
breach of the peace, or to do any wrongful act
that may probably occasion a
breach of the peace, the magistrate may, in manner hereinafter provided, require
such person to show
cause why he should not be ordered to enter into a
recognizance, with or without sureties, for keeping the peace for such period,
not exceeding one year, as the magistrate thinks
fit.
(2) Proceedings shall not be
taken under this section unless either the person informed against, or the place
where the breach of
the peace or disturbance is apprehended, is within the local
limits of such magistrate's
jurisdiction.
*
Amended by 37 of 1954.
Security for good behaviour from persons disseminating seditious matters
*33.
Whenever a resident or second class magistrate has information that there is
within the limits of his jurisdiction any person who,
within or without such
limits, either orally or in writing or in any other manner, disseminates, or
attempts to disseminate, or in
any wise abets the dissemination
of-
(a) any seditious matter, that is to say, any matter the publication of which is punishable under section 66 of the Penal Code; or
(Cap. 17)
(b) any matter which is likely to be dangerous to peace and good order in Fiji or is likely to lead to the commission of an offence,
(Inserted by 41 of 1960, s. 2 and amended by 14 of 1975, s. 7.)
such
magistrate may (in manner provided in this Code) require such person to show
cause why he should not be ordered to enter into
a recognizance, with or without
sureties, for his good behaviour for such period, not exceeding one year, as the
magistrate thinks
fit.
* Amended by
37 of 1954.
Security for good behaviour from vagrants and suspected persons
*34.
Whenever a resident or second class magistrate is informed on oath that any
person is taking precautions to conceal his presence
within the local limits of
such magistrate's jurisdiction, and that there is reason to believe that such
person is taking such precautions
with a view to committing any offence, such
magistrate may, in manner hereinafter provided, require such person to show
cause why
he should not be ordered to enter into a recognizance, with sureties,
for his good behaviour for such period, not exceeding one year,
as the
magistrate thinks
fit.
* Amended by
37 of 1954.
Security for good behaviour from habitual offenders
*35.
Whenever a resident or second class magistrate is informed on oath that any
person within the local limits of his jurisdiction-
(a) is by habit a robber, house-breaker or thief; or
(b) is by habit a receiver of stolen property, knowing the same to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapters XXXIII, XXXV or XXXVIII of the Penal Code; or
(Cap. 17)
(e) habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or
(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,
such
magistrate may, in manner hereinafter provided, require such person to show
cause why he should not be ordered to enter into
a recognizance, with sureties,
for his good behaviour for such period, not exceeding two years, as the
magistrate thinks
fit.
* Amended by
37 of 1954.
Order to be made
*36.
When a magistrate acting under sections
32,
33,
34
or
35
deems it necessary to require any person to show cause thereunder, he shall make
an order in writing setting forth-
(a) the substance of the information received;
(b) the amount of the recognizance;
(c) the term for which it is to be in force; and
(d) the number, character and class of sureties, if any, required.
*
Amended by 37 of 1954.
Procedure in respect of person present in court
37.
If the person in respect of whom such order is made is present in court, it
shall be read over to him or, if he so desires, the substance
thereof shall be
explained to him.
Summons or warrant in case of person not so present
38.
If such person is not present in court, the magistrate shall issue a summons
requiring him to appear, or, when such person is in
custody, a warrant directing
the officer in whose custody he is to bring him before the
court:
Provided that whenever it
appears to such magistrate, upon the report of a police officer or upon other
information (the substance
of which report or information shall be recorded by
the magistrate), that there is reason to fear the commission of a breach of the
peace, and that such breach of the peace cannot be prevented otherwise than by
the immediate arrest of such person, the magistrate
may at any time issue a
warrant for his arrest.
Copy of order under section 36 to accompany summons or warrant
39.
Every summons or warrant issued under section
38,
shall be accompanied by a copy of the order made under section
36
and such copy shall be delivered by the officer serving or executing such
summons or warrant to the person served with or arrested
under the
same.
Power to dispense with personal attendance
*40.
The magistrate may, if he sees sufficient cause, dispense with the personal
attendance of any person called upon to show cause why
he should not be ordered
to enter into a recognizance for keeping the peace, and permit him to appear by
barrister and
solicitor.
*
Amended by 37 of 1954.
Inquiry as to truth of information
41.-(1)
When an order under section 36 has been read or explained under section 37 to a
person present in court, or when any person appears
or is brought before a
magistrate in compliance with or in execution of a summons or warrant issued
under section 38, the magistrate
shall proceed to inquire into the truth of the
information upon which the action has been taken, and to take such further
evidence
as may appear
necessary.
(2) Such inquiry shall
be made, as nearly as may be practicable, in the manner hereinafter prescribed
for conducting trials and recording
evidence in trials before magistrates'
courts.
(3) For the purposes of
this section the fact that a person comes within the provisions of section 35
may be proved by evidence of
general repute or
otherwise.
(4) Where two or more
persons have been associated together in the matter under inquiry, they may be
dealt with in the same or separate
inquiries as the magistrate thinks
just.
Order to give security
*42.-(1)
If upon such inquiry it is proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be,
that the person in respect of
whom the inquiry is made should enter into a recognizance, with or without
sureties, the magistrate
shall make an order
accordingly:
*Amended
by 37 of 1954.
Provided
that-
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 36;
(b) the amount of every recognizance shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the recognizance shall be entered into only by his sureties.
(2)
Any person ordered to give security for good behaviour under this section may
appeal to the Supreme Court, and the provisions
of Part IX (relating to appeals)
shall apply to every such appeal.
Discharge of person informed against
*43.
If on an inquiry under section 41, it is not proved that it is necessary for
keeping the peace or maintaining good behaviour, as
the case may be, that the
person in respect of whom the inquiry is made should enter into a recognizance,
the magistrate shall make
an entry on the record to that effect, and, if such
person is in custody only for the purposes of the inquiry, shall release him,
or, if such person is not in custody, shall discharge
him.
*Amended by
37 of 1954
Proceedings in all cases subsequent to Order to furnish Security
Commencement of period for which security is required
44.-(1)
If any person in respect of whom an order requiring security is made under
section
36
or
42
is, at the time such order is made, sentenced to or undergoing a sentence of
imprisonment, the period for which such security is
required shall commence on
the expiration of such
sentence.
(2) In other cases such
period shall commence on the date of such order unless the magistrate, for
sufficient reason, fixes a later
date.
Contents of recognizance
*45.
The recognizance to be entered into by any such person shall bind him to keep
the peace or to be of good behaviour, as the case may
be, and in the latter case
the commission or attempt to commit or the aiding, abetting, counselling or
procuring the commission of
any offence punishable with imprisonment, wherever
it may be committed, shall be a breach of the
recognizance.
*
Amended by 37 of 1954.
Power to reject sureties
46.
A magistrate may refuse to accept any surety offered under any of the preceding
sections on the ground that, for reasons to be recorded
by the magistrate, such
surety is an unfit person.
Procedure on failure of person to give security
47.-(1)
If any person ordered to give security as aforesaid does not give such security
on or before the date on which the period for
which such security is to be given
commences, he shall, except in the case mentioned in subsection (2), be
committed to prison, or,
if he is already in prison, be detained in prison until
such period expires or until within such period he gives the security to
the
court or magistrate who made the order requiring
it.
(2) When such person has been
ordered by a magistrate to give security for a period exceeding one year, such
magistrate shall, if
such person does not give such security as aforesaid, issue
a warrant directing him to be detained in prison pending the orders of
the
Supreme Court, and the proceedings shall be laid as soon as conveniently may be
before such court.
(3) The Supreme
Court, after examining such proceedings and requiring from the magistrate any
further information or evidence which
it thinks necessary, may make such order
in the case as it thinks fit.
(4)
The period, if any, for which any person is imprisoned for failure to give
security shall not exceed two
years.
(5) If the security is
tendered to the officer in charge of the prison, he shall forthwith refer the
matter to the court or magistrate
who made the order and shall await the orders
of such court or magistrate.
Power to release persons imprisoned for failure to give security
48.
Whenever a resident or second class magistrate is of opinion that any person
imprisoned for failing to give security may be released
without hazard to the
community, such magistrate shall make an immediate report of the case for the
orders of the Supreme Court,
and such court may, if it thinks fit, order such
person to be discharged.
Power of Supreme Court to cancel recognizance
*49.
The Supreme Court may at any time, for sufficient reasons to be recorded in
writing, cancel any recognizance for keeping the peace
or for good behaviour
executed under any of the preceding sections by order of any
court.
* Amended
by 37 of 1954.
Discharge of sureties
*50.-(1)
Any surety for the peaceable conduct or good behaviour of another person may at
any time apply to a resident or second class
magistrate to cancel any
recognizance entered into under any of the preceding sections within the local
limits of his
jurisdiction.
*
Amended by 37 of 1954.
(2) On such
application being made the magistrate shall issue his summons or warrant, as he
thinks fit, requiring the person for whom
such surety is bound to appear or to
be brought before him.
(3) When
such person appears or is brought before the magistrate, such magistrate shall
cancel the recognizance and shall order such
person to give, for the unexpired
portion of the term of such recognizance, fresh security of the same description
as the original
security. Every such order shall for the purposes of sections
45,
46,
47
and
48
be deemed to be an order made under section
42.
PREVENTIVE ACTION OF THE POLICE
Police to prevent offences
51.
Every police officer may interpose for the purpose of preventing, and shall to
the best of his ability prevent, the commission of
any offence.
Information of design to commit such offences
52.
It shall be the duty of every police officer below the rank of inspector who
receives information of a design to commit any cognizable
offence to communicate
such information to the police officer to whom he is subordinate, or to any
other officer whose duty it is
to prevent or take cognizance of the commission
of any such offence.
Arrest to prevent such offences
53.
A police officer knowing of a design to commit any cognizable offence may
arrest, without orders from a magistrate and without a
warrant, the person so
designing, if it appears to such officer that the commission of the offence
cannot otherwise be prevented.
Prevention of injury to public property
54.
A police officer may of his own authority interpose to prevent any injury
attempted to be committed in his view to any public property,
moveable or
immovable, or the removal of or injury to any public landmark or buoy or other
mark used for navigation.
Power to arrest and produce before court person attempting to kill himself
55.
Any police officer may, when he has reason to believe that any person is
attempting or is about to attempt to kill himself, arrest
such person and
produce him before a court which may make an order in respect of such person
requiring him to be under the supervision
of a probation officer for such period
as the court may specify in such
order.
(Inserted
by 13 of 1969, s. 6.)
PART
IV-PROVISIONS RELATING TO ALL
CRIMINAL
INVESTIGATIONS
PLACE OF INQUIRY OR TRIAL
General authority of courts of Fiji
56.
Every court has authority to cause to be brought before it any person
who-
(a) is in Fiji and is charged with an offence committed within, or which may be inquired into or tried within the local limits of its jurisdiction; or
(b) is within the local limits of its jurisdiction and is charged with an offence committed in Fiji, or which according to law may be dealt with as if it had been committed in Fiji,
and
to deal with the accused person according to its jurisdiction.
Accused person to be sent to Division where offence committed
57.
Where a person accused of having committed an offence in Fiji has removed from
the Division within which the offence was committed
and is found within another
Division, the court within whose jurisdiction he is found may cause him to be
brought before it and shall,
unless authorised to proceed in the case, send him
in custody to the court within whose jurisdiction the offence is alleged to have
been committed, or require him to give security for his surrender to that court
there to answer the charge and to be dealt with according
to law.
Removal of accused person under warrant
58.
Where any person is to be sent in custody in pursuance of section
57,
a warrant shall be issued by the court within whose jurisdiction he is found,
and that warrant shall be sufficient authority to
any person to whom it is
directed to receive and detain the person therein named and to carry him and
deliver him up to the court
within whose jurisdiction the offence was committed
or may be inquired into or tried. The person to whom the warrant is directed
shall execute it according to its tenor with out delay.
Powers of Supreme Court
59.
The Supreme Court may inquire into and try any offence subject to its
jurisdiction at any place where it has power to hold
sittings:
Provided that no
criminal case shall be brought under the cognizance of the Supreme Court unless
the same shall have been previously
investigated by a magistrates' court and the
accused person shall have been committed for trial before the Supreme
Court.
(Amended by
14 of 1975, s. 7.)
Place and date of sessions of the Supreme Court
60.-(1)
For the exercise of its original jurisdiction the Supreme Court shall hold
sittings at such places and on such days as the Chief
Justice may
direct.
(2) The Chief Registrar of
the Supreme Court shall ordinarily give notice beforehand of all such
sittings.
Ordinary place of inquiry or trial
61.
Subject to the provisions of section
59
and to the powers of transfer conferred by section
70
every offence shall ordinarily be inquired into and tried by a court within the
local limits of whose jurisdiction it was committed,
or within the local limits
of whose jurisdiction the accused was apprehended, or is in custody on a charge
for the offence, or has
appeared in answer to a summons lawfully issued charging
the offence.
Trial at place where act done or where consequence of offence ensues
62.
When a person is accused of the commission of any offence by reason of anything
which has been done or of any consequence which has
ensued, such offence may be
inquired into or tried by a court within the local limits of whose jurisdiction
any such thing has been
done or any such consequence has ensued.
Trial where offence is connected with another offence
63.
When an act is an offence by reason of its relation to any other act which is
also an offence or which would be an offence if the
doer were capable of
committing an offence, a charge of the first-mentioned offence may be inquired
into or tried by a court within
the local limits of whose jurisdiction either
act was done.
Trial where place of offence is uncertain
64.
When it is uncertain in which of several local areas an offence was committed;
or
(a) when an offence is committed partly in one local area and partly in another; or
(b) when an offence is a continuing one, and continues to be committed in more local areas than one; or
(c) when it consists of several acts done in different local areas,
it
may be inquired into or tried by a court having jurisdiction over any of such
local areas.
Offence committed on a journey
65.
An offence committed whilst the offender is in the course of performing a
journey or voyage may be inquired into or tried by a court
through or into the
local limits of whose jurisdiction the offender or the person against whom or
the thing in respect of which the
offence was committed passed in the course of
that journey or voyage.
Supreme Court to decide in cases of doubt
66.
Whenever any doubt arises as to the court by which any offence should be
inquired into or tried, any court entertaining such doubt
may, in its
discretion, report the circumstances to the Supreme Court, and the Supreme Court
shall decide by which court the offence
shall be inquired into or tried. Any
such decision of the Supreme Court shall be final and conclusive, except that it
shall be open
to an accused person to show that no court in Fiji has
jurisdiction in the case.
Court to be open
67.
The place in which any criminal court is held for the purpose of inquiring into
or trying any offence shall be deemed an open court
to which the public
generally may have access, so far as the same can conveniently contain
them:
Provided that the presiding
judge or magistrate may, if he thinks fit, order at any stage of the inquiry
into or trial of any particular
case that the public generally or any particular
person shall not have access to or be or remain in the room or building used by
the court.
TRANSFER OF CASES
Transfer of case where offence committed outside jurisdiction
68.-(1)
If upon the hearing of any complaint it appears that the cause of complaint
arose outside the limits of the jurisdiction of the
court before which such
complaint has been brought, the court may, on being satisfied that it has no
jurisdiction, direct the case
to be transferred to the court having jurisdiction
where the cause of complaint
arose.
(2) If the accused person
is in custody and the court directing such transfer thinks it expedient that
such custody should be continued,
or, if he is not in custody, that he should be
placed in such custody, the court shall direct the offender to be taken by a
police
officer before the court having jurisdiction where the cause of complaint
arose, and shall give a warrant for that purpose to such
officer, and shall
deliver to him the complaint and recognizances, if any, taken by such court, to
be delivered to the court before
whom the accused person is to be taken; and
such complaint and recognizances, if any, shall be treated to all intents and
purposes
as if they had been taken by such last-mentioned
court.
(3) If the accused person
is not continued or placed in custody as aforesaid, the court shall inform him
that it has directed the
transfer of the case as aforesaid, and thereupon the
provisions of subsection (2) respecting the transmission and validity of the
documents in the case shall apply.
Transfer after commencement of inquiry or trial
69.
If in the course of any inquiry or trial before a magistrate the evidence
appears to warrant a presumption that the case is one which
should be tried or
committed for trial by some other magistrate, he shall stay proceedings and
submit the case with a brief report
thereon to the Chief
Magistrate.
(Amended
by 18 of 1976, s. 2.)
Power to change venue
70.-(1)
Whenever it is made to appear to the Chief Magistrate-
(a) that a fair and impartial inquiry or trial cannot be had in any magistrates' court; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same; or
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice or is required by any provision of this Code;
he
may order-
(i) that any offence be inquired into or tried by any court not empowered under the preceding sections of this Part but in other respects competent to inquire into or try such offence;
(ii) that any particular criminal case or class of cases be transferred from a magistrates' court to any other magistrates' court of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to his court.
(2)
The Chief Magistrate may act on the report of the lower court or on the
application of a party interested or on its own
initiative.
(3) Every application
by an interested party for the exercise of the power conferred by this section
shall be made by motion, which
shall be supported by
affidavit.
(4) Every accused
person making any such application shall give to the Director of Public
Prosecutions notice in writing of the application,
together with a copy of the
grounds on which it is made; and no order shall be made on the merits of the
application unless at least
twenty-four hours have elapsed between the giving of
such notice and the hearing of the
application.
(5) When an accused
person makes any such application the Chief Magistrate may direct him to execute
a bond, with or without sureties,
conditioned that he will, if convicted, pay
the costs of the
prosecutor.
(Section
amended by 18 of 1976, s. 3.)
CONTROL OF CROWN IN CRIMINAL PROCEEDINGS
Power of Director of Public Prosecutions to enter nolle prosequi
71.-(1)
In any criminal case and at any stage thereof before verdict or judgment, as the
case may be, the Director of Public Prosecutions
may enter a
nolle prosequi,
either by stating in court or by
informing the court in writing that the Crown intends that the proceedings shall
not continue, and
thereupon the accused shall be at once discharged in respect
of the charge for which the
nolle
prosequi is entered, and if he has been
committed to prison shall be released, or if on bail his recognizances shall be
discharged; but such
discharge of an accused person shall not operate as a bar
to any subsequent proceedings against him on account of the same
facts.
(2) If the accused shall
not be before the court when such
nolle
prosequi is entered, the Chief Registrar
or the Clerk of such court shall forthwith cause notice in writing of the entry
of such nolle
prosequi to be given to the officer in
charge of the prison in which such accused may be detained, and also, if the
accused person has been
committed for trial, to the magistrate by whom he was so
committed, and such magistrate shall forthwith cause a similar notice in
writing
to be given to any witnesses bound over to prosecute and give evidence and to
their sureties (if any) and also the accused
and his sureties in case he shall
have been admitted to bail.
Crown Counsel
72.
The Director of Public Prosecutions may by notice in writing authorize any legal
officer to be a Crown Counsel and may authorize
any such officer to exercise all
or any of the functions vested in the Director of Public Prosecutions by
sections
70
and
71
and Part
VII.
(Substituted
by Act 12 of 1971, s.
2.)
APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF PROSECUTIONS
Power to appoint public prosecutors
73.
The Director of Public Prosecutions may appoint any barrister and solicitor to
be a public prosecutor for the purposes of any
case.
(Amended by
Order* 7 October
1970.)
* See
Legal Notice No. 112 of
1970.
Powers of public prosecutors
74.
A
public prosecutor may appear and plead
without any written authority before any court in which any case of which he has
charge is
under inquiry, trial or appeal; and if any private person instructs a
barrister and solicitor to prosecute in any such case the public
prosecutor may
conduct the prosecution, and the barrister and solicitor so instructed shall act
therein under his directions.
Police may conduct prosecutions before magistrates' courts
75.
In any trial or inquiry before a magistrates' court, if the proceedings have
been instituted by a police officer, any police officer
may appear and conduct
the prosecution notwithstanding the fact that he is not the officer who made the
complaint or charge.
Prosecutors to be subject to directions of Director of Public Prosecutions
76.
Every police officer conducting a prosecution under the provisions of section
75,
and every public prosecutor, shall be
subject to the express directions of the Director of Public
Prosecutions.
(Amended
by Order* 7 October
1970.)
* See
Legal Notice No. 112 of
1970.
Conduct of prosecution
77.
Any person conducting the prosecution may do so personally or by a barrister and
solicitor.
INSTITUTION OF PROCEEDINGS
Proceedings
by way of Summons or
Warrant
(Substituted
by Act 3 of 1983,
s.2.)
Complaint and charge
78.-(1)
Proceedings may be instituted either by the making of a complaint or by the
bringing before a magistrate of a person who has
been arrested without
warrant.
(2) Any person who
believes from a reasonable and probable cause that an offence has been committed
by any person may make a complaint
thereof to a magistrate having jurisdiction
to cause such person to be brought before
him.
(3)
A
complaint may be made orally or in
writing, but, if made orally, shall be reduced to writing by the magistrate,
and, in either case,
shall be signed by the complainant and the
magistrate:
Provided that where
proceedings are instituted by a police or other public officer acting in the
course of his duty, a formal charge
duly signed by such officer may be presented
to the magistrate and shall, for the purposes of this Code, be deemed to be a
complaint.
(Amended
by Ordinance 26 of 145, s.
2.)
(4)
The magistrate, upon receiving any such complaint, shall, unless such complaint
has been laid in the form of a formal charge under
subsection (3), draw up or
cause to be drawn up and shall sign a formal charge containing a statement of
the offence with which the
accused is
charged.
(Amended
by Ordinance 26 of 1945, s.
2.)
(5)
When an accused person who has been arrested without a warrant is brought before
a magistrate, a formal charge, containing a statement
of the offence with which
the accused is charged, shall be signed and presented by the police officer
preferring the charge.
Issue of summons or warrant
79.-(1)
Upon receiving a complaint and having signed the charge in accordance with the
provisions of section
78
the magistrate may in his discretion issue either a summons or a warrant to
compel the attendance of the accused person before a
magistrates' court having
jurisdiction to inquire into or try the offence alleged to have been
committed:
Provided that a warrant
shall not be issued in the first instance unless the complaint has been made
upon oath either by the complainant
or by a witness or
witnesses.
(2) The validity of any
proceedings taken in pursuance of a complaint or charge shall not be affected
either by any defect in the
complaint or charge or by the fact that a summons or
warrant was issued without complaint or
charge.
(3) Any summons or warrant
may be issued on a Sunday.
Proceedings
by way of Notice to Attend
Court
(Inserted by
Act 3 of 1983, s.
2.)
Notice to attend court
80.-(1)
Notwithstanding the other requirements of this Code, it shall be lawful for any
police officer to institute proceedings by and
to serve personally upon any
person who is reasonably suspected of having committed any offence to which this
section applies a notice
in the prescribed form requiring such person to attend
court in answer to the charge stated thereon at such place and on such date
and
time (not being less than 10 days from the date of such service) as shown on
such notice or to appear by barrister and solicitor
or to enter a written plea
of guilty:
Provided that such
notice shall be served not later than 14 days from the date upon which the
offence is alleged to have been
committed.
(Amended
by Ordinance 13 of 1969, s.
8.)
(2)
A notice served in accordance with the provisions of subsection (1), shall for
all purposes be regarded as a summons issued under
the provisions of this Code
and, in the event of a person upon whom such a notice has been served failing to
comply with the requirements
of the notice, a warrant for the arrest of such
person may be issued notwithstanding that no complaint has been made on
oath.
(Substituted
by Ordinance 13 of 1969, s.
8.)
(3)
A copy of such notice shall be signed by the police officer preferring the
charge and shall be placed before the court by which
the charge is to be heard
at least seven days before the time fixed for such
hearing.
(Amended
by Act 18 of 1976
s.
4.)
(4)
This section shall apply to all offences punishable by fine or by imprisonment
with or without a fine, for a term not exceeding
3 months or by disqualification
from holding or obtaining a driving licence of by endorsement on a driving
licence of particulars
of a conviction or
disqualification.
(Substituted
by Ordinance 13 of 1969, s.
8
and amended by Act 3
of 1983, s.
3.)
(5)
Nothing in this section shall be deemed to prevent the institution of
proceedings under the other provisions of this
Code.
(Inserted by
Ordinance 4 of 1955, s.
3.)
Proceedings by way of Fixed Penalty Notice
Interpretation, etc.
80A.-(1)
In this section and in sections
80B, 80c
and
80D-
"fixed penalty", in relation to a prescribed offence, means the penalty specified in Column 3 of the Third Schedule in relation to that offence;
"fixed penalty notice" means a notice, in the prescribed form, that complies with subsection (2) of section 80B;
"police officer" includes a person who is, for the time being, a member of the Special Constabulary;
"prescribed offence" means an offence, being an offence to which section 80 applies, that is specified in Column 2 of the Third Schedule.
(2)
For the purposes of sections
80B
and
80C,
a motor vehicle shall be taken to have been a Government vehicle at the time of
the alleged commission of an offence if, at the
time, the registration plate or
registration plates (if any) borne by the vehicle were of the kind required by
regulations under
the Traffic Act to be affixed to Government
vehicles.
(Inserted
by Act 3 of 1983, s.
4.)
Issue of fixed penalty notice
80B.-(1)
Notwithstanding the other requirements of this Code, but subject to the
succeeding provisions of this section, it shall be lawful
for a police officer
to institute proceedings in respect of the alleged commission of a prescribed
offence-
(a) by serving personally upon the person alleged by him to have committed the offence a fixed penalty notice; or
(b) where the presence, at any time or for any period of time, of a motor vehicle in a place is evidence of the commission of the offence, by affixing a fixed penalty notice to the vehicle in a conspicuous position.
(2)
A fixed penalty notice shall comply with the following
requirements:-
(a) the notice shall require the person to whom it is addressed to attend court in answer to the charge stated in the notice at such place, and on such date and at such time (not being less than 28 days from the date of the notice), as are specified in the notice unless-
(i) not later than 21 days after the date of the notice, payment is made, as specified in the notice, of the fixed penalty applicable in relation to the offence charged; or
(ii) failing that payment, that person appears by barrister and solicitor or enters a written plea of guilty;
(b) if the notice is affixed to a motor vehicle in pursuance of paragraph (b) of subsection (1), it shall be addressed-
(i) where the vehicle is a Government vehicle-to the driver of the vehicle; and
(ii) in any other case-to the owner of the vehicle, that driver or owner being identified in the notice by reference to the registered number of the vehicle;
(c) the notice shall bear the date on which it was served on the person charged, or affixed to the motor vehicle to which the charge relates, as the case requires.
(3)
A fixed penalty notice shall not be served upon a person, or affixed to a motor
vehicle, more than 14 days after the day on which
the offence is alleged to have
been committed.
(4) The police
officer by whom a fixed penalty notice is issued shall cause a signed copy of
that notice to be placed before the court
specified in the notice not later than
7 days after the date of the
notice.
(5) Nothing in this
section shall be taken to prevent the institution of proceedings under any other
provision of this
Code.
(Inserted by
Act 3 of 1983, s.
4.)
Procedure consequent upon issue of fixed penalty notice
80C.-(1)
Where proceedings are instituted by means of the service upon a person, or the
affixing to a motor vehicle, of a fixed penalty
notice (in this section referred
to as "the notice"), the following provisions of this section apply in relation
to the charge set
out in the notice (in this section referred to as "the
charge").
(2) Where payment of the
fixed penalty that is applicable in relation to the charge (in this section
referred to as "the fixed penalty")
is made in accordance with the instructions
set out in the notice not later than 14 days after the date of the
notice-
(a) the proceedings instituted by the notice shall be deemed to have been dismissed; and
(b) it shall not be lawful for any person to be convicted of the offence as charged in the notice.
(3)
Subject to subsection (4), where payment of the fixed penalty is not made as
mentioned in subsection (2), the notice shall be
regarded for all purposes as a
summons issued under the provisions of this
Code.
(4) A Court shall not
proceed with the hearing of proceedings instituted by the affixing of a fixed
penalty notice to a motor vehicle
unless, before the date of the hearing, a
signed copy of the notice has been served upon the owner of that motor
vehicle.
(5) Where the notice is a
notice to which paragraph
(b)
of subsection (1), and paragraph
(b)
of subsection (2), of section
80B
apply-
(a) it shall be presumed, for the purposes of the proceedings instituted by the notice, that the acts or omissions giving rise to the alleged commission of the offence charged were the acts or omissions of the person (in this subsection referred to as "the responsible person") who, at the time of the alleged commission of that offence, was-
(i) where the notice is addressed, in accordance with subparagraph (i) of paragraph (b) of subsection (2) of section 80B, to the driver of the vehicle, the person having immediate lawful charge of the vehicle; or
(ii) where the notice is addressed, in accordance with subparagraph (ii) of that paragraph, to the owner of the vehicle, the person (whether a natural person or not) registered, for the purposes of the Traffic Act, as the owner of the vehicle; and (Cap. 176.)
(b) the presumption established by paragraph (a) shall not be taken to be rebutted by proof that, at the time of alleged commission of the offence, the vehicle was in the charge of a person other than the responsible person unless it is also proved that the other person had charge of the vehicle at the time without the consent, express or implied, of the responsible person.
(6)
Except as expressly provided by an Act passed after the date of coming into
operation of this section, subsection (5) has effect
notwithstanding any
provision to the contrary contained in any written law, whether made before or
after that date.
(7) In any
proceedings, a certificate signed by the Clerk of the Court specified in the
notice that payment of the fixed penalty was,
or was not, made as mentioned in
subsection (2) shall, unless the contrary is proved, be conclusive evidence of
the matters stated
in that
certificate.
(Inserted
by Act 3 of 1983 s.
4.)
Unauthorised removal of, or interference with, notice
80D.-(1)
Subject to subsection (2), a person who removes, or interferes with, a fixed
penalty notice affixed to a motor vehicle in accordance
with paragraph
(b)
of subsection (1) of section
80B
is liable to a fine of $100 and imprisonment for 3
months.
(2) It is a defence to a
prosecution of a person for an offence against subsection (1) that that person
was, or was acting on behalf
of, either-
(a) the person to whom the notice was addressed; or
(b) the person having immediate lawful charge of the motor vehicle.
(Inserted by Act 3 of 1983, s.4.)
PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
Summons
Form and contents of summons
81.-(1)
Every summons issued by a court under this Code shall be in writing, in
duplicate, signed by the presiding officer of such court
or by such other
officer as the Chief Justice may from time to time by rule
direct.
(2) Every summons shall be
directed to the person summoned and shall require him to appear at a time and
place to be therein appointed
before a court having jurisdiction to inquire into
and deal with the complaint or charge. It shall state shortly the offence with
which the person against whom it is issued is charged.
Service of summons
82.
Every summons shall, if practicable, be served personally on the person summoned
by delivering or tendering to him one of the duplicates
of the
summons.
Service when person summoned cannot be found
83.
Where the person summoned cannot by the exercise of due diligence be found, the
summons may be served by leaving one of the duplicates
for him with some adult
member of his family or with his servant residing with him or with his
employer.
Procedure when service cannot be effected as before provided
84.
If service in the manner provided by sections
82
and
83
cannot by the exercise of due diligence be effected, the serving officer shall
affix one of the duplicates of the summons to some
conspicuous part of the house
or homestead in which the person summoned ordinarily resides, and thereupon the
summons shall be deemed
to have been duly served.
Service on a company
85.-(1)
Subject to the provisions of any other written law, service of a summons on an
incorporated company or other body corporate may
be effected either by serving
it personally on any officer of the corporation or by sending it by registered
letter addressed to
the registered or other principal office of the corporation
in Fiji.
(2) Subject to the
provisions of any other written law, service of a summons on a foreign company
which has established a place of
business within Fiji under Part XII of the
Companies Act may be effected by serving it personally on, or by sending it by
registered letter addressed to, any person authorised by the company
for that
purpose under the provisions of paragraph
(d)
of section
325
of the Companies
Act.
(Cap.
247)
(3) When service is effected
under the provisions of either of subsections (1) or (2) by the sending of a
registered letter, service
shall be deemed to have been effected when the letter
would arrive in the ordinary course of
post.
(Substituted
by 11 of 1974 s.
5)
Where summons may be served
86.
A summons may be served at any place within Fiji.
Proof of service when serving officer not present
87.-(1)
Where the officer who has served a summons is not present at the hearing of the
case, and in any case where a summons issued
by a court has been served outside
the local limits of its jurisdiction, an affidavit purporting to be made before
a magistrate or
justice of the peace that such summons has been served shall be
admissible in evidence, and the statements made therein shall be
deemed to be
correct unless and until the contrary is
proved.
(2) The affidavit
mentioned in this section may be attached to the duplicate of the summons and
returned to the court.
Power to dispense with personal attendance of accused
88.-(1)
Whenever a magistrate issues a summons in respect of any offence other than a
felony, he may if he sees reason to do so, and
shall when the offence with which
the accused is charged is punishable only by fine or only by fine and/or
imprisonment not exceeding
three months or by disqualification from holding or
obtaining a driving licence, dispense with the personal attendance of the
accused,
provided that he pleads guilty in writing or appears by a barrister and
solicitor.
(Amended
by Ordinance 13 of 1969, s.
9
and Act 3 of 1983, s.
5.)
(2)
But the magistrate inquiring into or trying any case may in his discretion, at
any subsequent stage of the proceedings, direct
the personal attendance of the
accused, and, if necessary, enforce such attendance in manner hereinafter
provided. But no such warrant
shall be issued unless a complaint or charge has
been made upon oath.
(3) Where a
magistrate convicts an accused person and it is proved to the satisfaction of
the court that not less than seven days
previously to such conviction a notice
was served on such person in the prescribed form and manner specifying any
alleged previous
conviction of such accused of an offence proposed to be brought
to the notice of the court in the event of his conviction of the
offence
charged, and the accused is not present in person before the court, the court
may take account of any such previous conviction
so specified as if the accused
had appeared and admitted
it.
(Inserted by
Ordinance 13 of 1969, s.
9.)
(4)
If a magistrate imposes a fine on an accused person whose personal attendance
has been dispensed with under this section, and
such fine is not paid within the
time prescribed for such payment, the magistrate may forthwith issue a summons
calling upon such
accused person to show cause why he should not be committed to
prison for such term as the magistrate may then prescribe. If such
accused
person does not attend upon the return of such summons the magistrate may
forthwith issue a warrant and commit such person
to prison for such term as the
magistrate may then fix:
Provided
that if the summons referred to in subsection (1) clearly specifies the period
within which any fine which may be imposed
by the court must be paid (which
period shall in no case expire on a date less than seven days later than the
return date on the
summons), and clearly warns the accused person that he will
not receive notification from the court as to any fine which may be imposed
but
that it is his duty to make inquiry from the court, and that upon failure to pay
the fine within the time allowed or to apply
to the court for an extension
thereof he will be liable without further warning to be committed to prison,
then, upon expiration
of the period allowed, if the accused person shall not
have paid the fine and shall not have applied to the court for an extension
of
time for payment, the magistrate may forthwith issue a warrant and commit him to
prison for such term as the magistrate may order
without issuing a summons
calling upon him to show cause why he should not be so
committed.
(Inserted
by Ordinance 26 of 1957, s.
4.)
(5)
Where the magistrate is of the opinion that it would be just to order
disqualification under the provisions of section
29
of the Traffic Act against an accused person whose personal appearance has been
dispensed with under the provisions of this section,
he shall order a summons to
be served upon the accused calling upon him to show cause why such
disqualification should not be imposed
and, if the accused person does not
attend upon the return of such summons or fails to show good cause why the
disqualification should
not be imposed, the magistrate may order
disqualification.
(Substituted
by Ordinance 13 of 1969, s
9
and amended by Act 3 of 1983, s.
5.)
(Cap.
176)
(6) Whenever the attendance
of an accused person has been so dispensed with and his attendance is
subsequently required, the cost
of any adjournment for such purpose shall be
borne in any event by the accused.
Warrant of Arrest
Warrant after issue of summons
89.
Notwithstanding the issue of a summons, a warrant may be issued at any time
before or after the time appointed in the summons for
the appearance of the
accused. But no such warrant shall be issued before the time appointed in the
summons for the appearance of
the accused unless a complaint has been made upon
oath.
Summons disobeyed
90.
If the accused does not appear at the time and place appointed in and by the
summons, and his personal attendance has not been dispensed
with under section
88,
the court may issue a warrant to apprehend him and cause him to be brought
before such court.
Form, contents and duration of warrant of arrest
91.-(1)
Every warrant of arrest shall be under the hand of the judge or magistrate
issuing the same.
(2) Every
warrant shall state shortly the offence with which the person against whom it is
issued is charged and shall name or otherwise
describe such person, and it shall
order the person or persons to whom it is directed to apprehend the person
against whom it is
issued and bring him before the court issuing the warrant or
before some other court having jurisdiction in the case to answer to
the charge
therein mentioned and to be further dealt with according to
law.
(3) Every such warrant shall
remain in force until it is executed or until it is cancelled by the court which
issued it.
Court may direct security to be taken
92.-(1)
Any court issuing a warrant for the arrest of any person in respect of any
offence other than murder or treason may in its discretion
direct by endorsement
on the warrant that, if such person executes a bond with sufficient sureties for
his attendance before the
court at a specified time and thereafter until
otherwise directed by the court, the officer to whom the warrant is directed
shall
take such security and shall release such person from
custody.
(2) The endorsement shall
state-
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and
(c) the time at which he is to attend before the court.
(3)
Whenever security is taken under this section the officer to whom the warrant is
directed shall forward the bond to the court.
Warrants to whom directed
93.-(1)
A warrant of arrest shall normally be directed generally to all police officers.
But any court issuing such a warrant may, if
its immediate execution is
necessary, and no police officer is immediately available, direct it to any
other person or persons, and
such person or persons shall execute. the
same.
(2) When the warrant is
directed to more officers or persons than one, it may be executed by all or by
any one or more of them.
Notification of substance of warrant
94.
The police officer or other person executing a warrant of arrest shall notify
the substance thereof to the person to be arrested.
Person arrested to be brought before the court without delay
95.
A person arrested under a warrant of arrest shall (subject to the provisions of
section
92
as to security) without unnecessary delay be taken before the court before which
he is required by law to be brought.
Where warrant of arrest may be executed
96.
A warrant of arrest may be executed at any place in Fiji.
Procedure on arrest of person outside jurisdiction
97.-(1)
When a warrant of arrest is executed outside the local limits of the
jurisdiction of the court by which it was issued, the person
arrested shall,
unless the court which issued the warrant is nearer than the magistrate within
the local limits of whose jurisdiction
the arrest was made, or unless security
is taken under section
92,
be taken before a magistrate within the local limits of whose jurisdiction the
arrest was made.
(2) Such
magistrate shall, if the person arrested appears to be the person intended by
the court which issued the warrant, direct
his removal in custody to such
court:
Provided that if such
person has been arrested for an offence other than murder or treason, and he is
ready and willing to give bail
to the satisfaction of such magistrate, or if a
direction has been endorsed under section
92
on the warrant and such person is ready and willing to give the security
required by such direction, the magistrate may take such
bail or security, as
the case may be and shall forward the bond to the court which issued the
warrant.
(3) Nothing in this
section shall be deemed to prevent a police officer from taking security under
section
92.
Irregularities in warrant
98.
Any irregularity or defect in the substance or form of a warrant and any
variance between it and the written complaint or information
or between either
and the evidence produced on the part of the prosecution at any inquiry or
trial, shall not affect the validity
of any proceedings at or subsequent to the
hearing of the case but if any such variance appears to the court to be such
that the
accused has been thereby deceived or misled, such court may, at the
request of the accused adjourn the hearing of the case to some
future date and
in the meantime remand the accused or admit him to bail.
Miscellaneous Provisions regarding Processes
Power to take bond for appearance
99.
Where any person for whose appearance or arrest the officer presiding in any
court is empowered to issue a summons or warrant is
present in such court, such
officer may require such person to execute a bond, with or without sureties, for
his appearance in such
court.
Arrest for breach of bond for appearance
100.
When any person who is bound by any bond taken under this Code to appear before
a court or who has made a deposit of money or Government
currency notes in lieu
of executing such bond, does not so appear, the officer presiding in such court
may issue a warrant directing
that such person be arrested and produced before
him.
(Amended by
15 of 1948, s.
2.)
Power of court to order prisoner to be brought before it
101.-(1)
Where any person for whose appearance or arrest a court is empowered to issue a
summons or warrant is confined in any prison
the court may issue an order to the
officer in charge of such prison, requiring him to bring such prisoner in proper
custody, at
a time to be named in the order, before such
court.
(2) The officer so in
charge, on receipt of such order, shall act in accordance therewith, and shall
provide for the safe custody
of the prisoner during his absence from the prison
for the purpose aforesaid.
Provisions of this Part generally applicable to summonses and warrants.
Powers of justices of the peace
102.
The provisions contained in this Part
relating to a summons and warrant, and their issue, service and execution,
shall, so far as
may be, apply to every summons and every warrant of arrest
issued under this Code or by a justice of the peace, and, save in so far
as the
same may be inconsistent with any other law, the powers of a magistrate or court
in relation to the issuing of a summons or
warrant may be exercised by a justice
of the peace.
SEARCH WARRANTS
Power to issue search warrant
103.
Where it is proved on oath to a magistrate or a justice of the peace that in
fact or according to reasonable suspicion anything upon,
by or in respect of
which an offence has been committed or anything which is necessary to the
conduct of an investigation into any
offence is in any building, ship, vehicle,
box, receptacle or place, the magistrate or justice of the peace may by warrant
(called
a search warrant) authorise a police officer or other person therein
named to search the building, ship, carriage, box, receptacle
or place (which
shall be named or described in the warrant) of any such thing and, if anything
searched for be found, or any other
thing which there is reasonable cause to
suspect to have been stolen or unlawfully obtained be found, to seize it and
carry it before
the court issuing the warrant or some other court to be dealt
with according to law.
Execution of search warrants
104.
Every search warrant may be issued on any day (including Sunday) and may be
executed on any day (including Sunday) between the hours
of sunrise and sunset,
but the magistrate or justice of the peace may, by the warrant, in his
discretion, authorise the police officer
or other person to whom it is addressed
to execute it at any hour.
Persons in charge of closed place to allow ingress thereto and egress therefrom
105.-(1)
Whenever any building or other place liable to search is closed, any person
residing in or being in charge of such building or
place shall, on demand of the
police officer or other person executing the search warrant, and on production
of the warrant, allow
him free ingress thereto and egress therefrom and afford
all reasonable facilities for a search
therein.
(2) If ingress into or
egress from such building or other place cannot be so obtained, the police
officer or other person executing
the search warrant may proceed in the manner
prescribed by section
14
or
15.
(3)
Where any person in or about such building or place is reasonably suspected of
concealing about his person any article for which
search should be made, such
person may be searched. If such person is a woman the provisions of section
19
shall be observed.
Detention of property seized
106.-(1)
When any such thing is seized and brought before a court, it may be detained
until the conclusion of the case or the investigation,
reasonable care being
taken for its preservation.
(2) If
any appeal is made, or if any person is committed for trial, the court may order
it to be further detained for the purpose
of the appeal or the
trial.
(3) If no appeal is made,
or if no person is committed for trial, the court shall direct such thing to be
restored to the person from
whom it was taken, unless the court sees fit or is
authorised or required by law to dispose of it otherwise.
Provisions applicable to search warrants
107.
The provisions of sections
91
(1) and (3),
93
and
96
shall, so far as may be, apply to all search warrants issued under section
103.
PROVISIONS AS TO BAIL AND RECOGNIZANCES
Bail in certain cases
108.-(1)
Subject to the provisions of section
26,
where any person, other than a person accused of murder or treason, is arrested
or detained without warrant by a police officer
or appears or is brought before
a court and is prepared at any time while in the custody of such officer or at
any stage of the proceedings
before such court to give bail, such person may in
the discretion of the officer or court be admitted to bail with or without a
surety
or sureties and, in the case of a court, subject to such conditions and
limitations as the court may think it fit to
impose.
(Substituted
by 37 of 1954, s. 12 and amended by 16 of 1973, s.
3.)
(2) The amount of bail shall
be fixed with due regard to the circumstances of the case and shall not be
excessive.
(3) Notwithstanding
anything contained in subsection (1), the Supreme Court may in any case direct
that any person be admitted to
bail or that the bail required by a magistrates'
court or police officer be reduced.
Recognizance of bail
109.
Before any person is released on bail, the court or police officer, as the case
may be, shall take the recognizance of such person
and of his surety or
sureties, where such is or are required, conditioned for the appearance of such
person at the time and place
mentioned in the recognizance and shall continue so
to attend until otherwise directed by the court or police officer as the case
may
be.
(Substituted
by 37 of 1954, s. 14.)
Discharge from custody
110.-(1)
As soon as the recognizance with or without sureties, as the case may be, has
been entered into the person admitted to bail shall
be released and when he is
in prison the court admitting him to bail shall issue an order of release to the
officer in charge of
the prison and such officer on receipt of the order shall
release him.
(2) Nothing in this
section shall be deemed to require the release of any person liable to be
detained for some matter other than
that in respect of which the recognizance
was entered into.
(Section substituted
by 37 of 1954, s. 14.)
Deposit instead of recognizance
*111.
When any person is required by any court or officer to enter into a
recognizance, with or without sureties, such court or officer
may, except in the
case of a recognizance for good behaviour, permit him to deposit a sum of money
or Government currency notes to
such amount as the court or officer may fix in
lieu of executing such a
recognizance.
*
Amended by 37 of 1954.
Power to order sufficient bail when that first taken is insufficient
112.
If, through mistake, fraud or otherwise, insufficient sureties have been
accepted, or if they afterwards become insufficient, the
court may issue a
warrant of arrest directing that the person released on bail be brought before
it and may order him to find sufficient
sureties, and on his failing so to do
may commit him to prison.
Discharge of sureties
*113.-(1)
All or any of the sureties for the appearance and attendance of a person
released on bail may at any time apply to a magistrate
to discharge the
recognizance either wholly or so far as it relates to the applicant or
applicants.
(2) On such
application being made the magistrate shall issue his warrant of arrest
directing that the person so released be brought
before
him.
(3) On the appearance of such
person pursuant to the warrant, or on his voluntary surrender, the magistrate
shall direct the recognizance
to be discharged either wholly or so far as it
relates to the applicant or applicants, and shall call upon such person to find
other
sufficient sureties, and if he fails to do so may commit him to
prison.
* Amended
by 37 of 1954.
Death of surety
*114.
Where a surety to a recognizance dies before the recognizance is forfeited, his
estate shall be discharged from all liability in
respect of the recognizance,
but the party who gave the recognizance may be required to find a new
surety.
* Amended
by 37 of 1954.
Persons bound by recognizance absconding may be committed
115.
If it is made to appear to any court, by information on oath, that any person
bound by recognizance is about to leave Fiji, the court
may cause him to be
arrested and may commit him to prison until the trial, unless the court shall
see fit to admit him to bail upon
further recognizance.
Forfeiture of recognizance
116.-(1)
Whenever it is proved to the satisfaction of a court by which a recognizance
under this Code has been taken, or when the recognizance
is for appearance
before a court, to the satisfaction of such court, that such recognizance has
been forfeited, the court shall record
the grounds of such proof, and may call
upon any person bound by such recognizance to pay the penalty thereof, or to
show cause why
it should not be
paid.
(2) If sufficient cause is
not shown, the court shall order the payment of the penalty or, at its
discretion, may remit any portion
thereof and order payment in part
only.
(3) A penalty, or portion
thereof, ordered to be paid under the provisions of subsection (2) shall, for
the purposes of the enforcement
of payment and recovery thereof, including the
giving of time for payment, take effect as if it were a fine, and the provisions
of
the Penal Code relating to fines shall accordingly apply to any such penalty,
or portion thereof, so ordered to be
paid.
(Cap.
17)
(4) When any person who has
furnished security is convicted of an offence the commission of which
constitutes a breach of the conditions
of his recognizance, a certified copy of
the judgment of the court by which he was convicted of such offence may be used
as evidence
in proceedings under this section against his surety or sureties,
and, if such certified copy is so used, the court shall presume
that such
offence was committed by him unless the contrary is
proved.
(5) Where a sum of money
or Government currency notes has been deposited in lieu of executing a bond
conditioned for the appearance
of a person before a court, such court, if such
sum of money or Government currency notes appears to the court to be forfeited,
may
make an order
accordingly:
Provided that the
court, upon application made within a period of fourteen days from the making of
such order by or on behalf of the
person who has deposited such sum of money or
Government currency notes, may in its discretion cancel or mitigate the
forfeiture.
(Inserted
by 15 of 1948, s. 3 and amended by 13 of 1969, s. 11.)
Appeal from and revision of orders
117.
All orders passed under section
116
by any magistrate shall be appealable to and may be revised by the Supreme
Court.
Power to direct levy of amount due on certain recognizances
118.
The Supreme Court may direct any magistrate to levy the amount due on a
recognizance to appear and attend at the Supreme Court.
CHARGES AND INFORMATIONS
Offence to be specified in charge or information with necessary particulars
119.
Every charge or information shall contain, and shall be sufficient if it
contains, a statement of the specific offence or offences
with which the accused
person is charged, together with such particulars as may be necessary for giving
reasonable information as
to the nature of the offence charged.
Joinder of counts in a charge or information
120.-(1)
Any offences, whether felonies or misdemeanours, may be charged together in the
same charge or information if the offences charged
are founded on the same facts
or form, or are part of, a series of offences of the same or a similar
character.
(2) Where more than one
offence is charged in a charge or information, a description of each offence so
charged shall be set out in
a separate paragraph of the charge or information
called a count.
(3) Where, before
trial, or at any stage of a trial, the court is of opinion that a person accused
may be embarrassed in his defence
by reason of being charged with more than one
offence in the same charge or information, or that for any other reason it is
desirable
to direct that the person be tried separately for any one or more
offences charged in a charge or information, the court may order
a separate
trial of any count or counts of such charge or information.
Joinder of two or more accused in one charge or information
121.
The following persons may be joined in one charge or information and may be
tried together, namely-
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence;
(c) persons accused of different offences provided that all offences are founded on the same facts, or form or are part of a series of offences of the same or a similar character;
(Substituted by 11 of 1972 s. 3)
(d) persons accused of different offences committed in the course of the same transaction.
Rules for the framing of charges and informations
122.
The following provisions shall apply to all charges and informations and,
notwithstanding any rule of law or practice, a charge or
information shall,
subject to the provisions of this Code, not be open to objection in respect of
its form or contents if it is framed
in accordance with the provisions of this
Code-
Mode in which offences are to be charged
(a) (i) a count of a charge or information shall commence with a statement of the offence charged, called the statement of offence;
(ii) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence;
(iii) after the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:
Provided that where any rule of law or any Act limits the particulars of an offence which are required to be given in a charge or information, nothing in this paragraph shall require any more particulars to be given than those so required;
(iv) the forms set out in the Second Schedule or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances of each case;
(v) where a charge or information contains more than one count, the counts shall be numbered consecutively;
Provisions as to statutory offences
(b) (i) where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence;
(Amended by 37 of 1954, s. 17.)
(ii) it shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception or exemption from, or proviso or qualification to, the operation of the enactment creating the offence;
Description of property
(c) (i) the description of property in a charge or information shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to, and, if the property is so described, it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property;
(ii) where the property is vested in more than one person, and the owners of the property are referred to in a charge or information, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as a company or "Inhabitants", "Trustees", "Commissioners", or "Club" or other such name, it shall be sufficient to use the collective name without naming any individual.
(iii) property belonging to or provided for the use of any public establishment, service or department may be described as the property of Her Majesty the Queen;
(iv) coin and bank or currency notes may be described as money; and any allegation as to money, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank or currency note (although the particular species of coin of which such amount was composed or the particular nature of the bank or currency note, shall not be proved); and in cases of stealing, embezzling and defrauding by false pretences, by proof that the accused person dishonestly appropriated or obtained any coin or any bank or currency note, or any portion of the value thereof, although such coin or bank or currency note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person and such part shall have been returned accordingly;
Description of persons
(d) the description or designation in a charge or information of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree, or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown";
Description of document
(e) where it is necessary to refer to any document or instrument in a charge or information, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof;
General rule as to description
(f) subject to any other provisions of this section, it shall be sufficient to describe any place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in any charge or information in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to;
Statement of intent
(g) it shall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person, where the enactment creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence;
Mode of charging previous convictions
(h) where a previous conviction of an offence is charged in a charge or information, it shall be charged at the end of the charge or information by means of a statement that the accused person has been previously convicted of that offence at a certain time and place without stating the particulars of the offence;
Use of figures and abbreviations
(i) figures and abbreviations may be used for expressing anything which is commonly expressed thereby;
Gross sum may be specified in certain cases of stealing
(j) when a person is charged with any offence under sections 260, 274 or 279 of the Penal Code it shall be sufficient to specify the gross amount of property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular times or exact dates.
(Cap. 17)
PREVIOUS CONVICTION OR ACQUITTAL
Persons convicted or acquitted not to be tried again for same offence
123.
A person who has been once tried by a court of competent jurisdiction for an
offence and convicted or acquitted of such offence shall,
while such conviction
or acquittal has not been reversed or set aside, not be liable to be tried again
on the same facts for the
same offence.
Person may be tried again for separate offence
124.
A person convicted or acquitted of an offence may afterwards be tried for any
other offence with which he might have been charged
on the former trial under
subsection (1) of section
120.
Consequences supervening or not known at time of former trial
125.
A person convicted or acquitted of any act causing consequences which together
with such act constitute a different offence from
that for which such person was
convicted or acquitted, may be afterwards tried for such last-mentioned offence,
if the consequences
had not happened or were not known to the court to have
happened at the time when he was acquitted or convicted.
Where original court was not competent to try subsequent charge
126.
Subject to the provisions of section 20 of the Penal Code, a person convicted or
acquitted of any offence constituted by any acts may, notwithstanding such
conviction or acquittal, be subsequently
charged with and tried for any other
offence constituted by the same acts which he may have committed, if the court
by which he was
first tried was not competent to try the offence with which he
is subsequently
charged.
(Cap.
17)
Previous conviction how proved
127.-(1)
In any inquiry, trial or other proceeding under this Code, a previous conviction
may be proved, in addition to any other mode
provided by any law for the time
being in force-
(a) by an extract certified, under the hand of the officer having the custody of the records of the court in which such conviction was had, to be a copy of the sentence or order; or
(b) by a certificate signed by the officer in charge of the prison in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together
with, in each of such cases, evidence as to the identity of the accused person
with the person so convicted.
(2)
A certificate in the form prescribed by the Minister given under the hand of an
officer appointed by the Minister in that behalf,
who shall have compared the
fingerprints of an accused person with the fingerprints of a person previously
convicted, shall be
prima facie
evidence of all facts therein set forth
provided it is produced by the person who took the fingerprints of the
accused.
(3) A previous conviction
in any place outside Fiji may be proved by the production of a certificate
purporting to be given under
the hand of a police officer in the country where
the conviction was had, containing a copy of the sentence or order, and the
fingerprints,
or photographs of the fingerprints of the person so convicted,
together with evidence that the fingerprints of the person so convicted
are
those of the accused person.
Such
a certificate as aforesaid shall be
prima facie
evidence of all facts therein set forth
without proof that the officer purporting to sign it did in fact sign it and was
empowered
so to do.
OFFENCES BY FOREIGNERS WITHIN THE WATERS OF FIJI
Leave of Director of Public Prosecutions necessary before prosecution instituted
128.-(1)
Proceedings for the trial of any person, who is not a British subject, for an
offence committed on the open sea within three
nautical miles of the coast of
Fiji measured from low-water mark, shall not be instituted in any court except
with the leave of the
Director of Public Prosecutions and upon his certificate
that it is expedient that such proceedings should be
instituted.
(2) This section is
subject to the following provisions-
(a) proceedings before a magistrates' court previous to the committal of an accused person for trial or to the determination of the court that the offender is to be put upon his trial shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section;
(b) it shall not be necessary to aver in any charge or information that the consent or certificate of the Director of Public Prosecutions required by this section has been given, and the fact of the same having been given shall be presumed unless disputed by the accused person at the trial. The production of a document purporting to be signed by the Director of Public Prosecutions and containing such consent and certificate shall be sufficient evidence for all the purposes of this section of the consent and certificate required by this section;
(c) this section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations.
(3)
The term "offence" as used in this section means an act, neglect or default of
such a description as would, if committed in England,
be punishable on
indictment according to the law of England for the time being in
force.
COMPELLING ATTENDANCE OF WITNESSES
Summons for witness
129.
If it is made to appear on the statement of the complainant or of the defendant
or otherwise, that material evidence can be given
by or is in the possession of
any person, it shall be lawful for a court having cognizance of any criminal
cause or matter to issue
a summons to such person requiring his attendance
before such court or requiring him to bring and produce to such court for the
purpose
of evidence all documents and writings in his possession or power which
may be specified or otherwise sufficiently described in the
summons.
(Amended
by 15 of 1948, s. 4.)
Warrant for witness who disobeys summons
130.
If, without sufficient excuse, a witness does not appear in obedience to the
summons, the court, on proof of the proper service of
the summons a reasonable
time before, may issue a warrant to bring him before the court at such time and
place as shall be therein
specified.
Warrant for witness in first instance
131.
If the court is satisfied by evidence on oath that such person will not attend
unless compelled to do so, it may at once issue a
warrant for the arrest and
production of the witness before the court at a time and place to be therein
specified.
Mode of dealing with witness arrested under warrant
132.
When any witness is arrested under a warrant the court may, on his furnishing
security by recognizance to the satisfaction of the
court for his appearance at
the hearing of the case, order him to be released from custody, or shall, on his
failing to furnish such
security, order him to be detained for production at
such hearing.
Power of court to order prisoner to be brought up for examination
133.-(1)
Any court desirous of examining as a witness, in any case pending before it, any
person confined in any prison may issue an order
to the officer in charge of
such prison requiring him to bring such prisoner in proper custody, at a time to
be named in the order,
before the court for
examination.
(2) The officer so in
charge, on receipt of such order, shall act in accordance therewith and shall
provide for the safe custody of
the prisoner during his absence from the prison
for the purpose aforesaid.
Penalty for non-attendance of witness
134.-(1)
Any person summoned to attend as a witness who, without lawful excuse, fails to
attend as required by the summons, or who, having
attended, departs without
having obtained the permission of the court, or fails to attend after
adjournment of the court after being
ordered to attend, shall be liable by order
of the court to a fine not exceeding forty
dollars.
(2) Such fine shall be
levied by attachment and sale of any movable property belonging to such witness
within the local limits of
the jurisdiction of such
court.
(3) In default of recovery
of the fine by attachment and sale the witness may, by order of the court, be
imprisoned as a civil prisoner
for a term of fifteen days unless such fine is
paid before the end of the said
term.
(4) For good cause shown,
the Supreme Court may remit or reduce any fine imposed under this section by a
magistrates' court.
EXAMINATION OF WITNESSES
Power to summon material witness, or examine person present
135.
Any court may, at any stage of any inquiry, trial or other proceeding under this
Code, summon or call any person as a witness, or
examine any person in
attendance though not summoned as a witness, or recall and re-examine any person
already examined, and the
court shall summon and examine or recall and
re-examine any such person if his evidence appears to it essential to the just
decision
of the case:
Provided
that the prosecutor or the barrister and solicitor for the prosecution or the
defendant or his barrister and solicitor, shall
have the right to cross-examine
any such .person, and the court shall adjourn the case for such time (if any) as
it thinks necessary
to enable such cross-examination to be adequately prepared
if, in its opinion, either party may be prejudiced by the calling of any
such
person as a witness.
Evidence to be given on oath
136.
Every witness in any criminal cause or matter shall be examined upon oath or
affirmation, and the court before which any witness
shall appear shall have full
power and authority to administer the usual oath or
affirmation:
Provided that the
court may at any time, if it thinks it just and expedient (for reasons to be
recorded in the proceedings), take
without oath the evidence of any person
declaring that the taking of any oath whatsoever is according to his religious
belief unlawful,
or who by reason of immature age or want of religious belief
ought not, in the opinion of the court, to be admitted to give evidence
on oath;
the fact of the evidence having been so taken being also recorded in the
proceedings.
Refractory witness
137.-(1)
Whenever any person, appearing either in obedience to a summons or by virtue of
a warrant, or being present in court and being
verbally required by the court to
give evidence-
(a) refuses to be sworn; or
(b) having been sworn, refuses to answer any question put to him; or
(c) refuses or neglects to produce any document or thing which he is required to produce; or
(d) refuses to sign his deposition,
without
in any such case offering any sufficient excuse for such refusal or neglect, the
court may adjourn the case for any period
not exceeding eight days, and may in
the meantime commit such person to prison, unless he sooner consents to do what
is required
of him.
(2) If such
person, upon being brought before the court at or before such adjourned hearing,
again refuses to do what is required
of him, the court may, if it sees fit,
again adjourn the case and commit him for the like period, and so again from
time to time
until such person consents to do what is so required of
him.
(3) Nothing herein contained
shall affect the liability of any such person to any other punishment or
proceeding for refusing or neglecting
to do what is so required of him, or shall
prevent the court from disposing of the case in the meantime according to any
other sufficient
evidence taken before it.
Cases when wife or husband may be called without the consent of the accused
138.
In any inquiry or trial the wife or husband of the person charged shall be a
competent witness for the prosecution or defence without
the consent of such
person-
(a) in any case where the wife or husband of a person charged may, under any law in force for the time being, be called as a witness without the consent of such person;
(b) in any case where such person is charged with an offence under Chapter XVII or section 185 of the Penal Code;
(Cap. 17)
(c) in any case where such person is charged in respect of an act or omission affecting the person or property of the wife or husband of such person or the children of either of them.
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
Issue of commission for examination of witness
139.-(1)
Whenever in the course of any proceeding under this Code, the Supreme Court, or
a resident magistrate, is satisfied that the
examination of a witness is
necessary for the ends of justice, and that the attendance of such witness
cannot be procured without
an amount of delay, expense or inconvenience which,
under the circumstances of the case, would be unreasonable, the court or
magistrate
may with the consent of the parties issue a commission to any
magistrate, within the local limits of whose jurisdiction such witness
resides,
to take the evidence of such
witness.
(2) The magistrate to
whom the commission is issued shall proceed to the place where the witness is or
shall summon the witness before
him, and shall take down his evidence in the
same manner, and may for this purpose exercise the same powers, as in the case
of a
trial.
Parties may examine witnesses
140.-(1)
The parties to any proceeding under this Code in which a commission is issued
may respectively forward any interrogatories in
writing which the court or
magistrate directing the commission may think relevant to the issue, and the
magistrate to whom the commission
is directed shall examine the witness upon
such interrogatories.
(2) Any such
party may appear before such magistrate by barrister and solicitor, or, if not
in custody, in person, and may examine,
cross-examine, and re-examine (as the
case may be) the said witness.
Power of magistrate to apply for issue of commission
141.
Whenever in the course of any proceeding under this Code before any magistrate,
other than a resident magistrate, it appears that
a commission ought to be
issued for the examination of a witness whose evidence is necessary for the ends
of justice, and that the
attendance of such witness cannot be procured without
an amount of delay, expense and inconvenience which, under the circumstances
of
the case, would be unreasonable, such magistrate shall apply to the Supreme
Court, stating the reasons for the application; and
the Supreme Court may either
issue a commission in the manner hereinbefore provided or reject the
application.
Return of commission
142.-(1)
After any commission issued under section
139
or
141
has been duly executed it shall be returned, together with the deposition of the
witness examined thereunder, to the Supreme Court
or to the resident magistrate
(as the case may be), and the commission, the return thereto, and the deposition
shall be open at all
reasonable times to inspection of the parties, and may,
subject to all just exceptions, be read in evidence in the case by either
party,
and shall form part of the
record.
(2) Any deposition so
taken may also be received in evidence at any subsequent stage of the case
before another court.
Adjournment of inquiry or trial
143.
In every case in which a commission is issued under sections
139
or
141
the proceedings may be adjourned for a specified time reasonably sufficient for
the execution and return of the commission.
NEGATIVE AVERMENTS
Negative averments
144.
Any exception, exemption, proviso, excuse or qualification, whether it does or
does not accompany in the same section the description
of the offence in the Act
creating such offence, and whether or not specified or negatived in the charge
or complaint, may be proved
by the defendant or accused, but no proof in
relation thereto shall be required on the part of the complainant or
prosecution.
(Inserted
by 13 of 1969, s. 12.)
EVIDENCE FOR DEFENCE
Competency of accused and husband or wife as witnesses in criminal cases
145.
Every person charged with an offence, and the wife or husband, as the case may
be, of the person so charged shall be a competent
witness for the defence at
every stage of the proceedings, whether the person so charged is charged solely
or jointly with any other
person:
Provided
that-
Own application
(a) a person charged shall not be called as a witness in pursuance of this section except upon his own application;
No comment if not called as witness
(b) the failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution;
Spouses
(c) the wife or husband of the person charged shall not, save as hereinbefore mentioned, be called as a witness except upon the application of the person so charged;
Communications during marriage
(d) nothing in this section shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage;
Cross-examination
(e) a person charged and being a witness in pursuance of this section may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged;
No question to show commission of offence not charged
(f) a person charged and called as a witness in pursuance of this section shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless-
Exceptions
(i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or
(ii) he has personally or by his barrister and solicitor asked questions of the witness for the prosecution with a view to establishing his own good character, or has given evidence of his own good character, or the nature or conduct of the defence is such as to involve imputations on the character of the complainant or the witnesses for the prosecution; or
(iii) he has given evidence against any other person charged with the same offence;
Evidence from box
(g) every person called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses have given their evidence; and
Statement by person charged
(h) nothing in this section shall affect the provisions of section 229 or any right of the person charged to make a statement without being sworn.
Procedure where person charged is the only witness called
146.
Where the only witness to the facts of the case called by the defence is the
person charged, he shall be called as a witness immediately
after the close of
the evidence for the prosecution.
Right of reply
147.
In cases where the right of reply depends upon the question whether evidence has
been called for the defence, the fact that the person
charged has been called as
a witness shall not of itself confer on the prosecution the right of
reply.
PROCEDURE IN CASE OF THE UNSOUNDNESS OF MIND OR OTHER INCAPACITY OF AN ACCUSED PERSON
Inquiry by court as to unsoundness of mind of accused
148.-(1)
When, in the course of a trial or preliminary inquiry or at any time after a
formal charge has been presented or drawn up, the
court has reason to believe
that the accused may be of unsound mind so as to be incapable of making his
defence, it shall inquire
into the fact of such unsoundness and may adjourn the
case under the provisions of section
202
for the purposes of obtaining a medical report and of making such' other
enquiries as it shall deem to be
necessary.
(Substituted
by 13 of 1969, s. 14 and amended by 16 of 1973, s.
4.)
(2) If the court is of opinion
that the accused is of unsound mind so that he is incapable of making his
defence, it shall postpone
further proceedings in the case and shall report the
case to the
Governor-General.
(Amended
by 24 of
1950, s.
3.)
(3) If the case is one in
which bail may be taken, the court may release the accused person on sufficient
security being given that
he will be properly taken care of and prevented from
doing injury to himself or to any other person, and for his appearance before
the court or such officer as the court may appoint in that
behalf.
(4) Upon consideration of
the court record the Governor-General may order that the accused may be confined
in a mental hospital or
other suitable place of custody and the court shall
issue a warrant in accordance with such order. Any such order of the
Governor-General
shall be sufficient authority for the detention of such accused
person until the Governor-General shall make a further order in the
matter or
until the court finding him incapable of making his defence shall order him to
be brought before it again in the manner
provided by sections 151 and
152.
(Substituted
by 11 of 1958, s.2.)
Defence of unsoundness of mind at preliminary investigation
149.
When the accused person appears to be of sound mind at the time of a preliminary
investigation, the court, notwithstanding that it
is alleged that, at the time
when the act was committed in respect of which the accused person is charged, he
was by reason of unsoundness
of mind incapable of knowing the nature of the act
or that it was wrong or contrary to law, shall proceed with the case and, if the
accused person ought, in the opinion of the court, to be committed for trial on
information, the court shall so commit him.
Defence of unsoundness of mind on trial
150.
Where any act or omission is charged against any person as an offence, and it is
given in evidence on the trial of such person for
that offence that he was
insane so as not to be responsible for his action at the time when the act was
done or omission made, then
if it appears to the court before which such person
is tried that he did the act or made the omission charged but was insane as
aforesaid
at the time when he did or made the same, the court shall make a
special finding to the effect that the accused was not guilty by
reason of
insanity.
(Amended
by 13 of 1969, s.15.)
When such
special finding is made the court shall report the case for the order of the
Governor-General and shall meanwhile order
the accused to be kept in custody in
such place and in such manner as the court shall
direct.
The Governor-General may
order such person to be confined in a mental hospital, prison or other suitable
place of safe custody.
Resumption of trial or investigation
151.
Whenever any preliminary investigation or trial is postponed the court may at
any time resume the preliminary investigation or trial
and require the accused
to appear or be brought before such court, when, if the court considers him
capable of making his defence,
the preliminary investigation or trial shall
proceed.
But if the court
considers the accused to be still incapable of making his defence, it shall act
as if the accused were brought before
it for the first time.
Certificate of medical officer of mental hospital as to sanity to be evidence
152.
If a person is confined in a mental hospital under the provisions of this Code
and the medical officer in charge of such hospital
certifies that the accused is
capable of making his defence, such accused shall be taken before the court at
such time as the court
appoints to be dealt with according to law, and the
certificate of such medical officer shall be receivable in
evidence.
Procedure when accused does not understand proceedings
153.-(1)
If the accused, though not insane, cannot be made to understand the
proceedings-
(a) in cases tried by a magistrate's court, the court shall proceed to hear the evidence, and, if at the close of the evidence for the prosecution and, if the defence has been called upon, of any evidence for the defence, the court is of opinion that the evidence which it has heard would not justify a conviction, it shall acquit and discharge the accused, but if the court is of opinion that the evidence which it has heard would justify a conviction it shall order the accused to be detained during the Governor-General's pleasure; but every such order shall be subject to confirmation by the Supreme Court;
(b) in cases which are the subject of a preliminary investigation by a magistrate's court and of trial by the Supreme Court-
(i) the magistrate's court shall hear the evidence for the prosecution, and if satisfied that a prima facie case has been proved shall commit the accused for trial by the Supreme Court, and either admit him to bail or commit him to prison for safe keeping; and
(ii) if the Director of Public Prosecutions has filed an information, the Supreme Court shall proceed to hear the evidence, and, if at the close of the evidence for the prosecution and, if the defence has been called upon, of any evidence for the defence, the court is of opinion that the evidence which it has heard would not justify a conviction, it shall acquit and discharge the accused, but if the court is of opinion that the evidence which it has heard would justify a conviction, it shall order the accused to be detained during the Governor-General's pleasure;
(iii) if the Director of Public Prosecutions states to the committing court that he does not intend to file an information, the accused shall be at once discharged in respect of the charge made against him, and if he has been committed to prison shall be released, or, if on bail, his recognizances shall be discharged, but such a discharge shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2)
A person ordered to be detained during the Governor-General's pleasure shall be
liable to be detained in such place and under
such conditions as the
Governor-General may, from time to time, by order, direct, and whilst so
detained shall be deemed to be in
lawful
custody.
(3) The Governor-General
may, at any time of his own motion, or after receiving a report from any person
or persons thereunto empowered
by him, order that a person detained as provided
in subsection (2) be discharged or otherwise dealt with, subject to such
conditions
as to the person remaining under supervision in any place or by any
person, and such other conditions for ensuring the welfare of
the said person
and the public, as the Governor-General shall think
fit.
(4) When a person has been
ordered to be detained during the Governor-General's pleasure under the
provisions of paragraph
(a)
or paragraph
(b)
of subsection (1), the confirming or presiding judge shall forward to the
Governor General a copy of the notes of evidence taken
at the trial, with a
report in writing signed by him containing any recommendation or observations on
the case he may think fit to
make.
(Section
inserted by 13 of 1969, s. 16.)
JUDGMENT
Mode of delivering judgment
154.-(1)
The judgment in every trial in any criminal court in the exercise of its
original jurisdiction shall be pronounced, or the substance
of such judgment
shall be explained, in open court either immediately after the termination of
the trial or at some subsequent time
of which notice shall be given to the
parties and their barristers and solicitors, if
any:
Provided that the whole
judgment shall be read out by the presiding judge or magistrate if he is
requested so to do either by the
prosecution or the
defence.
(2) The accused person
shall, if in custody, be brought before the court, or, if not in custody, be
required by the court to attend,
to hear judgment delivered, except where the
court has proceeded to the determination of the case in the absence of the
accused under
section
199,
or where his personal attendance during the trial has been dispensed with and
the sentence is one of fine only, or he is
acquitted.
(3) No judgment
delivered by any court shall be deemed to be invalid by reason only of the
absence of any party or his barrister and
solicitor on the day or from the place
notified for the delivery thereof, or of any omission to serve, or defect in
serving, on the
parties or their barristers and solicitors, or any of them, the
notice of such day and place.
Contents of judgment
155.-(1)
Every such judgment shall, except as otherwise expressly provided by this Code,
be written by the presiding officer of the court
in English, and shall contain
the point or points for determination, the decision thereon and the reasons for
the decision, and shall
be dated and signed by the presiding officer in open
court at the time of pronouncing
it:
Provided that where the
accused person has admitted the truth of the charge and has been convicted, it
shall be a sufficient compliance
with the provisions of this subsection if the
judgment contains only the finding and sentence or other final order and is
signed
and dated by the presiding officer at the time of pronouncing
it.
(Amended by 24
of 1950, s. 5.)
(2) In the case of
a conviction the judgment shall specify the offence of which, and the section of
the Penal Code or other law under which, the accused person is convicted, and
the punishment to which he is
sentenced.
(3) In the case of an
acquittal the judgment shall state the offence of which the accused person is
acquitted and shall direct that
he be set at liberty.
Judgment in trials before the Supreme Court
156.
In the case of trials before the Supreme Court, the provisions of sections
154
and
155
shall be subject to the provisions of section
299.
(Inserted by
16 of 1973, s. 5.)
Copy of judgment, etc., to be given to accused on application
157.
On the application of the accused person a copy of the judgment, or, when he so
desires, a translation in his own language, if practicable,
shall be given to
him without delay. Such copy shall be given free of cost.
COSTS AND COMPENSATION
Costs against accused
158.-(1)
It shall be lawful for a judge of the Supreme Court or any magistrate to order
any person convicted before him of an offence
or discharged by him without
conviction under the provisions of section
44
of the Penal Code, to pay to a public or private prosecutor such reasonable
costs as to such judge or magistrate may seem fit, in addition to any other
penalty imposed.
Costs against prosecutor
(2) It shall be lawful for
a judge of the Supreme Court or any magistrate who acquits or discharges a
person accused of an offence,
to order the prosecutor whether public or private,
to pay to the accused such reasonable costs as to such judge or magistrate may
seem fit:
Provided that such an
order shall not be made unless the judge or magistrate considers that the
prosecutor either had no reasonable
grounds for bringing the proceedings or has
unreasonably prolonged the
same.
(3) The costs awarded under
this section may be awarded in addition to any compensation awarded under
section
160.
Payment of costs by the accused shall be enforceable in the same manner as a
fine.
(4) In this section "private
prosecutor" means any prosecutor other than a public
prosecutor.
(Section
amended by 37 of 1957, s. 4, 55 of 1961, s. 5 and 13 of 1969, s.
17.)
Order to pay costs appealable
159.
An appeal shall lie to the Supreme Court from any order awarding costs made by a
magistrate. The appellate court shall have power
to give such costs of the
appeal as it shall deem reasonable.
Compensation
160.-(1)
If on the dismissal of any case any court shall be of opinion that the charge
was frivolous or vexatious, such court may order
the complainant to pay to the
accused person a reasonable sum as compensation for the trouble and expense to
which such person may
have been put by reason of such charge in addition to his
costs.
(2) Any person who is
convicted of an offence may be ordered to pay compensation to any person injured
by, or who suffers damage to
his property or loss as a result of, such offence
and such compensation may be either in addition to, or in substitution for, any
punishment or other
sentence.
(Section
amended by 16 of 1973, s. 6.)
Power of courts to award expenses or compensation out of fine, etc.
161.-(1)
Any court may, in its discretion, order the whole or any part of any fine
imposed or money found on or in the possession of a
convicted person to be
applied in or towards-
(a) the defraying of the costs or expenses properly incurred in the prosecution;
(b) the payment to any person of compensation for any loss or injury caused by the offence;
(c) the defraying of any compensation awarded under the provisions of section 160;
(d) the payment to any person of compensation for any loss sustained by him in consequence of any order made under the provisions of this Part for the restitution or disposal of any property or thing.
(Substituted by 13 of 1969, s. 18.)
(2)
If the fine is imposed in a case which is subject to appeal no such payment
shall be made before the period allowed for presenting
the appeal has elapsed,
or, if an appeal be presented, before the decision of the
appeal.
(3) At the time of
awarding compensation in any subsequent civil suit relating to the same matter,
the court shall take into account
any sum paid or recovered as compensation
under this section.
Payment to innocent person of money found on accused
162.
When any person is found guilty of any offence which includes or amounts to
theft or receiving stolen property, and the court is
satisfied that any other
person has bought the stolen property from him without knowing or having reason
to believe that the same
was stolen and it appears that any money has been found
on or in the possession of the person found guilty, the court may (whether
or
not it proceeds to conviction) on the application of such purchaser and on the
restitution of the stolen property to the person
entitled to the possession
thereof, order that out of such money a sum not exceeding the price paid by such
purchaser shall be delivered
to
him.
(Inserted by
13 of 1969, s. 19.)
RECONCILIATION
Promotion of reconciliation
163.
In the case of any charge or charges brought under any of the provisions of
subsection (1) of section
197
or of section
244
or of section
245
or of subsection (1) of section
324
of the Penal Code, the court may, in such cases which are substantially of a
person or private nature and which are not aggravated in degree, promote
reconciliation and encourage and facilitate the settlement in an amicable way of
the proceedings, on terms of payment of compensation
or on other terms approved
by the court, and may thereupon order the proceedings to be stayed or
terminated.
(Substituted
by 18 of 1976, s.
5.)
(Cap.
17)
RESTITUTION OF PROPERTY
Preservation or disposal of property
164.-(1)
It shall be lawful for any court in any proceedings to make orders
for-
(a) the preservation or interim custody or detention of any property or thing produced in evidence or as to which questions may arise in the proceedings;
(b) the sale, destruction or other disposal of any such property or thing as may be of a perishable nature or liable to deteriorate, or as may be dangerous;
(c) the restoration or awarding of possession of any such property or thing to the person appearing to the court to be entitled to possession thereof, without prejudice however to any civil proceedings which may be taken with respect thereto;
(d) the payment by any person of the expense incurred in or about the preservation, custody, detention, sale, destruction or other disposal of any such property or thing, or the proceeds thereof;
(e) the application of any such property or thing, or the proceeds thereof, in or towards satisfaction or payment of any such costs or compensation as may be ordered by the court to be paid by any person.
(2)
Any order made under the provisions of paragraph (d) of subsection (1) may be
enforced as if such order were the imposition of
a
fine.
(3) When an order is made
under the provisions of this section in a case in which an appeal lies, such
order shall not, except when
the property is livestock or is liable to
deterioration or decay, be carried out until the period allowed for presenting
such appeal
has passed or, when such appeal is presented within such period,
until such appeal has been
determined.
(Section
substituted by 13 of 1969, s. 21.)
Property stolen
165.-(1)
If any person guilty of any offence as is mentioned in Chapters XXVII to XXXIV,
both inclusive, of the Penal Code, in stealing, taking, obtaining, extorting,
converting, or disposing of, or in knowingly receiving any property, is
prosecuted to
conviction by or on behalf of the owner of such property, the
property shall be restored to the owner or his
representative.
(Cap.
17)
(2) In every case in this
section referred to, the court before whom such offender is convicted shall have
power to award from time
to time writs of restitution for the said property or
to order the restitution thereof in a summary
manner:
Provided
that-
(a) where goods as defined in the Sale of Goods Act have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not re-vest in the person who was the owner of the goods, or his personal representative, by reason only of the conviction of the offender;
(Cap. 230)
(b) nothing in this section shall apply to the case of any valuable security which has been in good faith paid or discharged by some person liable to the payment thereof, or, being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person for a just and valuable consideration without any notice or without reasonable cause to suspect that the same has been stolen.
(3)
The operation of any order under this section shall (unless the court before
which the conviction takes place direct to the contrary
in any case in which the
title to the property is not in dispute) be suspended-
(a) in any case until the time for appeal has elapsed; and
(b) in a case where an appeal is lodged, until the determination of the appeal,
and
in cases where the operation of any such order is suspended until the
determination of the appeal, the order shall not take effect
as to the property
in question if the conviction is quashed on
appeal.
The Chief Justice may make
provision by rules for securing the safe custody of any property pending the
suspension of the operation
of any such
order.
(4) Any person aggrieved by
an order made under this section may appeal to the Supreme Court, and upon the
hearing of such appeal
the court may by order annul or vary any order made on a
trial for the restitution of any property to any person, although the conviction
is not quashed; and the order, if annulled, shall not take effect, and, if
varied, shall take effect as so varied.
Stay of order
166.
Upon the application of any person, affected by any order or interested in the
property the subject of any order made under the provisions
of sections
164
and 165
the Supreme Court may direct any such
order made by a court subordinate thereto to be stayed pending consideration by
the Supreme
Court and may modify, alter or annul such
order.
(Inserted
by 13 of 1969, s. 23.)
Restoration of possession of real property
167.-(1)
Whenever a person is convicted of an offence attended by criminal force, threat
or intimidation and it appears to the court that
by such force, threat or
intimidation any person has been dispossessed of any real property, the court
may, if it thinks fit, order
possession of such property to be restored to the
person so dispossessed.
(2) Any
such order may be enforced by warrant addressed to the police officers of
Fiji.
(3) No such order shall
prejudice any right or interest to or in such real property which any person may
be able to establish in a
civil
suit.
(Inserted by
13 of 1969, s. 23.)
Procedure by police on seizure of property
168.-(1)
A report of any property or thing which has come into the possession of any
police officer in connection with any charge or offence
or suspected offence or
otherwise in the course or performance of his duty as such, the ownership of
which property or thing is in
doubt, shall be made forthwith to a magistrate's
court which shall make such order as it thinks fit respecting the delivery of
such
property to the person entitled to the possession thereof or, if such
person cannot be ascertained, respecting the custody and production
of such
property.
(Amended
by 12 of 1971, s. 3.)
(2) If the
identity of the person so entitled is known, the court may order the property to
be delivered to him on such conditions,
if any, as the court thinks
fit.
(3) The court shall, on
making an order under the provisions of subsection (2), cause a notice to be
served on such person, informing
him of the terms of the order, and requiring
him to take delivery of the property within such period from the date of the
service
of the notice, not being less than forty-eight hours, as the court may
in such notice prescribe.
(4) If
such person is unknown or cannot be found, the court may direct that the
property be detained in police custody and the Commissioner
of Police shall, in
such case, publish a notice in the Gazette specifying the articles of which such
property consists and requiring
any person who has a claim thereto to appear
before him and establish his claim within six months from the date of such
notice:
Provided that, where it is
shown to the satisfaction of the court that the property is of no appreciable
value, or that its value
is so small as, in the opinion of the court, to render
impracticable the sale of such property under the provisions of subsection
(5),
or as to make its detention in police custody unreasonable in view of the
expense or inconvenience that would thereby be involved,
the court may order
such property to be destroyed or otherwise disposed of, either on the expiration
of such period after the publication
of the said notice as it may determine, or
forthwith, as it thinks fit.
(5)
If, within six months from the publication of a notice under the provisions of
subsection (4), no person has established a claim
to such property and the
person in whose possession such property was found is unable to show that it was
legally acquired by him,
such property may be sold on the order of the
Commissioner of Police.
(6) If,
within three months from the publication of a notice under the provisions of
subsection (3), no person has taken delivery
of the property, the ownership in
such property or, if sold, in the net proceeds thereof, shall thereupon pass to
and be vested in
the Crown.
(7)
Where any property detained in police custody on the direction of a court made
under the provisions of subsection (4) is subject
to deterioration or decay or
is, in the opinion of the Commissioner of Police, of less value than ten
dollars, or where its custody
involves unreasonable expense or inconvenience,
such property may be sold at any time, and the provisions of this section shall,
as nearly as may be practicable, apply to the net proceeds of such
sale.
(8) If the person entitled
to the possession of such property is absent from Fiji and the property is
subject to deterioration or
decay, or the court to which its seizure is reported
is of opinion that its sale would be for the benefit of the owner, or that the
value of such property is less than ten dollars, the court may, at any time,
direct it to be sold and the provisions of subsection
(6) shall apply to the net
proceeds of such sale.
(9) If the
person to whom property has been ordered to be delivered ,under the provisions
of subsection (2) neglects or omits to take
delivery of such property within the
period prescribed, the court may, where such property is subject to
deterioration or decay or
where, in the opinion of the court, its value is less
than ten dollars, direct that such property be sold and the net proceeds of
such
sale shall, on demand, be paid over to the person
entitled.
(Section
inserted by 3 of 1969, s. 23).
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
Conviction of minor offences included in offence charged
169.-(1)
When a person is charged with an offence consisting of several particulars, a
combination of some only of which constitutes a
complete minor offence, and such
combination is proved but the remaining particulars are not proved, he may be
convicted of the minor
offence although he was not charged with
it.
(2) When a person is charged
with an offence and facts are proved which reduce it to a minor offence, he may
be convicted of the minor
offence although he was not charged with
it.
Conviction of attempt
170.
When a person is charged with an offence, he may be convicted of having
attempted to commit that offence, although he was not charged
with the
attempt.
Conviction of infanticide of woman charged with murder of child
171.
When a woman is charged with the murder of her child, being a child under the
age of twelve months, and the court is of opinion that
she by any wilful act or
omission caused its death but at the time of the act or omission she had not
fully recovered from the effect
of giving birth to such child and that by reason
thereof or by reason of the effect of lactation consequent upon the birth of the
child, the balance of her mind was then disturbed, she may, notwithstanding that
the circumstances were such that but for the provisions
of section
205
of the Penal Code she might be convicted of murder, be convicted of the offence
of infanticide although she was not charged with
it.
(Cap. 17)
Conviction of killing unborn child on charge of murder, etc.
172.
When a person is charged with the murder or manslaughter of any child or with
infanticide, or with an offence under section
172
or
173
of the Penal Code (relating to the procuring of abortion), and the court is of
opinion that he is not guilty of murder, manslaughter
or infanticide or of an
offence under section
172
or
173
of the Penal Code, but that he is guilty of the offence of killing an unborn
child, he may be convicted of that offence although he was not charged
with
it.
(Cap.
17)
Conviction of procuring abortion on charge of killing unborn child
173.
When a person is charged with killing an unborn child and the court is of
opinion that he is not guilty of that offence but that
he is guilty of an
offence under one of the sections
172
and
173
of the Penal Code, he may be convicted of that offence although he was not
charged with
it.
(Cap.
17)
Conviction of concealment of birth on charge of murder, etc.
174.
When a person is charged with the murder or infanticide of any child or with
killing an unborn child and the court is of opinion
that he is not guilty of any
of the said offences, and, if it appears in evidence that the child had recently
been born and that
such person did, by some secret disposition of the dead body
of the child, endeavour to conceal the birth of that child, he may be
convicted
of the offence of endeavouring to conceal the birth of that child although he
was not charged with it.
Conviction of careless or dangerous driving on charge of manslaughter
175.
When a person is charged with manslaughter in connexion with the driving of a
motor vehicle by him, or with an offence under section
237
of the Penal Code, and the court is of the opinion that he is not guilty of the
offence charged, but that he is guilty of an offence under section
38
or section
39
of the Traffic Act, he may be convicted of that offence although he was not
charged with it and whether or not the requirements of
section
42
of the said Act have been satisfied as respects that
offence.
(Substituted
by 26 of 1957, s.
5.)
(Cap.
176)
Conviction of kindred offence on charge of rape
176.
When a person is charged with rape and the court is of opinion that he is not
guilty of that offence but that he is guilty of an
offence under one of the
sections
154(1),
155,
156,
158
and
178
of the Penal Code, he may be convicted of that offence although he was not
charged with
it.
(Cap.
17)
Conviction of unlawful carnal knowledge on charge of incest
177.
When a person is charged with an offence under section
171
of the Penal Code and the court is of opinion that he is not guilty of that
offence but that he is guilty of an offence under one of the sections
155
and
156
of the Penal Code, he may be convicted of that offence although he was not
charged with
it.
(Cap.
17)
Conviction of kindred offence on charge of defilement of girl under sixteen years of age
178.
When a person is charged with the defilement of a girl under the age of sixteen
years and the court is of opinion that he is not
guilty of that offence but that
he is guilty of an offence under one of the sections
154(1),
155
and
158
of the Penal Code, he may be convicted of that offence although he was not
charged with
it.
(Cap.
17)
Conviction of kindred offence on charge of defilement of girl under thirteen years of age
179.
When a person is charged with the defilement of a girl under the age of thirteen
years and the court is of opinion that he is not
guilty of that offence but that
he is guilty of an offence under one of the sections
154(1),
156
and
158
of the Penal Code, he may be convicted of that offence although he was not
charged with
it.
(Cap.
17)
Conviction of kindred offence on charge of burglary, etc.
180.
When a person is charged with any offence mentioned in Chapter XXXI of the Penal
Code and the court is of opinion that he is not guilty of that offence but that
he is guilty of any other offence mentioned in the said
Chapter, he may be
convicted of that other offence although he was not charged with
it.
(Cap.
17)
Conviction
of receiving, embezzlement, obtaining by false
pretences
or
possessing or conveying stolen property on charge of stealing
181.
When a person is charged with stealing anything and-
(a) it is proved that he received the thing knowing the same to have been stolen, he may be convicted of the offence of receiving although he was not charged with it.
(b) it is proved that he committed an offence against section 274 of the Penal Code (relating to embezzlement), he may be convicted of embezzlement although he was not charged with it.
(Cap. 17)
(c) it is proved that he obtained the thing in any such manner as would amount, under the provisions of the Penal Code or of any other law for the time being in force, to obtaining it by false pretences with intent to defraud, he may be convicted of the offence of obtaining it by false pretences although he was not charged with it.
(Section
amended by 4 of 1955, s. 4.)
Conviction of stealing on charge of obtaining by false pretences
182.
When a person is charged with obtaining anything capable of being stolen by
false pretences with intent to defraud, and it is proved
that he stole the
thing, he may be convicted of the offence of stealing although he was not
charged with it.
Conviction of assault with intent to rob on charge of robbery
183.
When a person is charged with robbery, and it is proved that he committed an
assault with intent to rob, he may be convicted of that
offence although he was
not charged with it.
Conviction of stealing on charge of embezzlement
184.
When a person is charged with any offence against section
274
of the Penal Code (relating to embezzlement), and it is proved that he stole the
property in question, he may be convicted of the
offence of stealing although he
was not charged with
it.
(Cap.
17)
Construction of sections 169 to 184, inclusive
185.
The provisions of sections
169
to
184,
both inclusive, shall be construed as in addition to, and not in derogation of,
the provisions of any other Act and the other provisions
of this Code, and the
provisions of sections
170
to
184,
both inclusive, shall be construed as being without prejudice to the generality
of the provisions of section
169.
MISCELLANEOUS PROVISIONS
Persons
charged with jointly receiving property may be convicted on
proof
that
property was received separately
186.
When any two or more persons are charged with jointly receiving any property
knowing the same to have been stolen, and it is proved
that one or more of such
persons separately received any part of such property, such of the persons may
be convicted as are proved
to have received any part of such
property.
ATTENDANCE
OF
ASSESSORS
Conviction
of felony on charge of misdemeanour
187.
If on any trial for misdemeanour the facts proved in evidence amount to a
felony, the accused shall not be therefore acquitted of
such misdemeanour; and
no person tried for such misdemeanour shall be liable afterwards to be
prosecuted for felony on the same facts,
unless the court shall think fit, in
its discretion, to refrain from giving a verdict and to direct such person to be
prosecuted
for felony, whereupon such person may be dealt with as if not
previously put on trial for misdemeanour.
Right of accused to be defended
188.
Any person accused of an offence before any criminal court, or against whom
proceedings are instituted under this Code in any such
court, may of right be
defended by a barrister and solicitor.
PART
V-MODE OF TAKING AND RECORDING EVIDENCE
IN
INQUIRIES AND
TRIALS
Evidence to be taken in presence of accused
189.
Except as otherwise expressly provided, all evidence taken in any inquiry or
trial under this Code shall be taken in the presence
of the accused, or, when
his personal attendance has been dispensed with, in the presence of his
barrister and solicitor (if any).
Manner of recording evidence before magistrate
190.-(1)
In inquiries and trials by or before a magistrate, the evidence of the witnesses
shall be recorded in the following manner:-
(a) the evidence of each witness or so much thereof as the magistrate deems material shall be taken down in writing in English by the magistrate, or in his presence and hearing and under his personal direction and superintendence, and shall be signed by the magistrate, and shall form part of the record;
(b) such evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative:
Provided that the magistrate may, in his discretion, take down or cause to be taken down any particular question and answer.
(2)
If a witness asks that his evidence be read over to him the magistrate shall
cause such evidence to be read over to him in a language
which he
understands.
Admission of signed plan or report
191.-(1)
Any plan, report, photograph or document purporting to have been made or taken
in the course of his office, appointment or profession
by or under the hand of
any of the persons mentioned in subsection (2) may be given in evidence in any
inquiry, trial or other proceeding
under the provisions of this Code unless such
person shall be required to attend as a witness by-
(a) the court; or
(b) the accused, in which case the accused shall give notice to the prosecutor not less than three clear days before the inquiry, trial or other proceeding:
Provided
that in any case in which the prosecutor intends to adduce in evidence such
plan, report, photograph or document he shall
deliver a copy of such plan,
report, photograph or document to the accused not less than ten clear days
before the commencement of
the inquiry, trial or other
proceeding.
(2) The following
persons shall be the persons to whom this section shall apply:-
(a) medical practitioners and medical officers;
(b) Government analysts and chemists and laboratory superintendents
employed by the Government;
(c) registered and Government land surveyors;
(d) examiners of weights and measures;
(e) veterinary officers, livestock officers and veterinary assistants;
(f) the officer in charge of the Criminal Records Office;
(g) Government mechanical engineers;
(h) authorized examiners appointed under the provisions of the Traffic Act;
(Cap. 176)
(i) dental practitioners and dental officers;
(j) survey technical assistants employed by the Government; and
(k) police photographers.
(3)
The court may presume that the signature to any such plan, report or document is
genuine and that the person signing it held the
qualification, appointment or
office which he professed to hold at the time when such plan, report or document
was signed by
him.
(Section
inserted by 13 of 1969, s. 24.)
Statements in criminal proceedings other than a preliminary enquiry
192.-(1)
In any criminal proceedings, other than a preliminary inquiry, a written
statement by any person shall, if such of the conditions
mentioned in subsection
(2) as are applicable are satisfied, be admissible as evidence to the like
extent as oral evidence to the
like effect by that
person.
(2) The conditions
referred to in subsection (1) shall be that-
(a) the statement purports to be signed by the person who made it;
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
(c) at least fourteen clear days before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings;
(d) none of the other parties or their barristers and solicitors within fourteen days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:
Provided
that the conditions mentioned in paragraphs
(c)
and
(d)
shall not apply if the parties agree before or during the hearing that the
statement shall be so
tendered.
(3) The following
provisions shall also have effect in relation to any written statement tendered
in evidence under this section:-
(a) if the statement is made by a person under the age of twenty-one, it shall give his age;
(b) if it is made by a person who cannot read it, it shall be read to him before he signs it in a language he understands and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and
(c) if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of subsection (2) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.
(4)
Notwithstanding that a written statement made by any person may be admissible as
evidence by virtue of this section-
(a) the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and
(b) the court may, of its own motion or shall on the application of any party to the proceedings, require that person to attend before the court and give evidence or to submit to cross-examination.
(5)
So much of any statement as is admitted in evidence by virtue of this section
shall, unless the court otherwise directs, be read
aloud at the hearing and
where the court so directs an account shall be given orally of so much of any
statement as is not read
aloud.
(6) Any document or object
referred to as an exhibit and identified in a written statement tendered in
evidence under this section
shall be treated as if it had been produced as an
exhibit and identified in court by the maker of the
statement.
(7) A document required
by this section to be served on any person may be served-
(a) by delivering it to him or to his barrister and solicitor; or
(b) by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his barrister and solicitor and leaving it at his office; or
(c) by sending it by registered post to him at his last known place of abode or place of business or addressed to his barrister and solicitor at his office; or
(d) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by registered post addressed to the secretary or clerk of that body at that office. (Section inserted by 18 of 1976, s. 6.)
False evidence
193.
If any person in a written statement tendered in evidence in criminal
proceedings by virtue of section
192
wilfully makes a statement material in those proceedings which he knows to be
false or does not believe to be true, he shall be liable
on conviction to
imprisonment for a term not exceeding two years or to a fine or both such
imprisonment and
fine.
(Inserted by
18 of 1976, s. 6.)
Language of the court
194.
The language of the court in the case of both the Supreme Court and magistrates'
courts shall be English.
Interpretation of evidence to accused
195.-(1)
Whenever any evidence is given in a language not understood by the accused, and
he is present in person, it shall be interpreted
to him in open court in a
language which he understands.
(2)
When documents are put in for the purpose of formal proof it shall be in the
discretion of the court to interpret as much thereof
as appears
necessary.
Conviction
or commitment on evidence partly recorded
by
one magistrate
and partly by another
196.
Whenever any magistrate, after having heard and recorded the whole or any part
of the evidence in an inquiry or trial, ceases to
exercise jurisdiction therein
and is succeeded, whether by virtue of an order of transfer under the provisions
of this Code or otherwise,
by another magistrate who has and who exercises such
jurisdiction, the magistrate so succeeding may act on the evidence so recorded
by his predecessor, or partly recorded by his predecessor and partly by himself,
or he may re-summon the witnesses and recommence
the inquiry or
trial:
Provided
that-
(a) in any trial the accused may, when the second magistrate commences his proceedings, demand that the witnesses or any of them be re-summoned and reheard and shall be informed of such right by the second magistrate when he commences his proceedings;
(b) the Supreme Court may, on appeal, set aside any conviction passed on evidence not wholly recorded by the magistrate before whom the conviction was had, if it is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial.
Record of evidence in Supreme Court
197.
The Chief Justice may from time to time,
by rules, prescribe the manner in which evidence shall be taken down in cases
coming before
the Supreme Court, and the judges of such court shall take down
the evidence or the substance thereof in accordance with such
rules.
PART VI-PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
Non-appearance of complainant at hearing
198.-(1)
If, in any case which a magistrates' court has jurisdiction to hear and
determine, the accused person appears in obedience to
the summons served upon
him at the time and place appointed in the summons for the hearing of the case,
or is brought before the
court under arrest, then, if the complainant, having
had notice of the time and place appointed for the hearing of the charge, does
not appear by himself or by his barrister and solicitor, the court shall dismiss
the charge, unless for some reason it shall think
it proper to adjourn the
hearing of the case until some other date, upon such terms as it shall think
fit, in which event it may,
pending such adjourned hearing, either admit the
accused to bail or remand him to prison, or take such security for his
appearance
as the court shall think
fit.
(Amended by
24 of 1950, s.
9.)
(2)
The expression "barrister and solicitor"
in this section and in sections
200
and
202
shall in relation to a complaint include
a public
prosecutor.
(Inserted
by 24 of 1950, s. 9.)
Court may proceed with hearing in absence of accused in certain cases
199.
Notwithstanding the provisions of section
189,
if an accused person charged with any offence punishable with imprisonment for a
term not exceeding six months and/or a fine not
exceeding one hundred dollars
does not appear at the time and place appointed in and by the summons, or by any
bond for his appearance
that he may have entered into, and his personal
attendance has not been dispensed with under section
88,
the court may, on proof of the proper service of the summons a reasonable time
before, or on production of the bond, as the case
may be, proceed to hear and
determine the case in the absence of the accused or may adjourn the case and
issue a warrant for the
arrest of the accused in accordance with the provisions
of section
90.
Appearance of both parties
200.
If at the time appointed for the hearing of the case both the complainant, by
himself or by his barrister and solicitor, and the
accused person appear before
the court which is to hear and determine the charge, or if the complainant
appears in the manner aforesaid
and the personal attendance of the accused
person has been dispensed with under section
88,
the court shall proceed to hear the
case.
(Amended by
24 of 1950, s. 10.)
Withdrawal of complaint
201.-(1)
The prosecutor may with the consent of the court at any time before a final
order is passed in any case under this Part withdraw
the
complaint.
(2) On any withdrawal
as aforesaid-
(a) where the withdrawal is made after the accused person is called upon to make his defence, the court shall acquit the accused;
(b) where the withdrawal is made before the accused person is called upon to make his defence, the court shall subject to the provisions of section 210, in its discretion make one or other of the following orders:-
(i) an order acquitting the accused;
(ii) an order discharging the accused.
(3)
An order discharging the accused under paragraph
(b)(ii)
of subsection (2) shall not operate as a bar to subsequent proceedings against
the accused person on account of the same facts.
(Section substituted
by 24 of 1950, s. 11.)
Adjournment
202.
Before or during the hearing of any case, it shall be lawful for the court in
its discretion to adjourn the hearing to a certain
time and place to be then
appointed and stated in the presence and hearing of the party or parties or
their respective barristers
and solicitors then present, and in the meantime the
court may suffer the accused person to go at large, or may commit him to prison,
or may release him upon his entering into a recognizance, with or without
sureties at the discretion of the court, conditioned for
his appearance at the
time and place to which such hearing or further hearing is
adjourned:
Provided that if the
accused person has been committed to prison no such adjournment shall be for
more than fifteen clear days, the
day following that on which the adjournment is
made being counted as the first
day.
(Proviso
substituted by 18 of 1976, s. 7.)
Non-appearance of parties after adjournment
203.-(1)
If at the time or place to which the hearing or further hearing is adjourned,
the accused person does not appear before the court
which has made the order of
adjournment, such court may, unless the accused person is charged with felony,
proceed with the hearing
or further hearing as if the accused were present, and
if the complainant does not appear the court may dismiss the charge with or
without costs as the court shall think
fit.
(2) If the accused person who
has not appeared as aforesaid is charged with felony, or if the court, in its
discretion, refrains from
convicting the accused in his absence, the court shall
issue a warrant for the apprehension of the accused person and cause him to
be
brought before the court.
Conviction in absence of accused may be set aside
204.
If the court convicts the accused person in his absence, it may set aside such
conviction upon being satisfied that his absence was
from causes over which he
had no control, and that he had a probable defence on the merits.
Commencement of sentence passed in absence of accused
205.
Any sentence passed under section
199
or
203,
shall be deemed to commence from the date of apprehension, and the person
effecting such apprehension shall endorse the date thereof
on the back of the
warrant of commitment.
Accused to be called upon to plead
206.-(1)
The substance of the charge or complaint shall be stated to the accused person
by the court, and he shall be asked whether he
admits or denies the truth of the
charge.
(2) If the accused person
admits the truth of the charge, his admission shall be recorded as nearly as
possible in the words used
by him, and the court shall convict him and pass
sentence upon or make an order against him, unless there shall appear to it
sufficient
cause to the
contrary.
(3) If the accused
person does not admit the truth of the charge, the court shall proceed to hear
the case as hereinafter
provided.
(4) If the accused
person refuses to plead, the court shall order a plea of "not guilty" to be
entered for him.
(5) When a
corporation is charged with any offence before a magistrates' court, the
corporation may enter in writing by its representative
a plea of "guilty" or
"not guilty"; and if either the corporation does not appear by representative
or, though it does so appear,
fails to enter any plea, the court shall cause a
plea of "not guilty" to be entered and the trial shall proceed as though the
corporation
had duly entered a plea of "not
guilty".
Where a charge against a
corporation is one which may, with the consent of the accused, be tried by a
magistrates' court, and the
corporation does not appear by representative or if
it does so appear, consents that the offence should be so dealt with, the
magistrates'
court may proceed to try such charge summarily in accordance with
the provisions of this Code. A representative for the purposes
of this section
need not be appointed under the seal of the corporation, and a statement in
writing purporting to be signed by a
managing director of the corporation, or by
any person (by whatsoever name called) having or being one of the persons
having, the
management of the affairs of the corporation, to the effect that the
person named in the statement has been appointed as the representative
of the
corporation for the purposes of this section shall be admissible without further
proof as prima facie
evidence that that person has been so
appointed.
Procedure in case of previous convictions
207.
Where a charge contains a count charging an accused person with having been
previously convicted of any offence the procedure shall
be the same as the
procedure prescribed for the Supreme Court by section
276,
with such alterations as may be necessary to make such procedure applicable to
the mode of trial in a magistrates'
court.
(Inserted
by 26 of 1957, s. 6.)
Plea of guilty to other offence
208.
Where a person is charged with any offence and can lawfully be convicted on such
charge of some other offence not included in the
charge, he may plead not guilty
of the offence charged, but guilty of such other
offence.
(Inserted
by 13 of 1969, s. 25.)
Procedure on plea of not guilty
209.
If the accused person does not admit the truth of the charge, the court shall
proceed to hear the witnesses for the prosecution and
other evidence (if
any).
The accused person or his
barrister and solicitor may put questions to each witness produced against
him.
If the accused person does
not employ a barrister and solicitor, the court shall, at the close of the
examination of each witness
for the prosecution, ask the accused person whether
he wishes to put any questions to that witness and shall record his
answer.
(Amended
by 24 of 1950, s. 12.)
Acquittal of accused person where no case to answer
210.
If at the close of the evidence in support of the charge it appears to the court
that a case is not made out against the accused
person sufficiently to require
him to make a defence, the court shall dismiss the case and shall forthwith
acquit the
accused.
(Substituted
by 24 of 1950, s. 13.)
The defence
211.-(1)
At the close of the evidence in support of the charge, if it appears to the
court that a case is made out against the accused
person sufficiently to require
him to make a defence, the court shall again explain the substance of the charge
to the accused and
shall inform him that he has a right to give evidence on oath
from the witness box, and that, if he does so, he will be liable to
cross-examination, or to make a statement not on oath from the dock, and shall
ask him whether he has any witnesses to examine or
other evidence to adduce in
his defence, and the court shall then hear the accused and his witnesses and
other evidence (if any).
(2) If
the accused person states that he has witnesses to call but that they are not
present in court, and the court is satisfied
that the absence of such witnesses
is not due to any fault or neglect of the accused person, and that there is a
likelihood that
they could, if present, give material evidence on behalf of the
accused person, the court may adjourn the trial and issue process,
or take other
steps, to compel the attendance of such witnesses.
Evidence in reply
212.
If the accused person adduces evidence in his defence introducing new matter
which the prosecutor could not have foreseen, the court
may allow the prosecutor
to adduce evidence in reply to rebut the said matter.
Opening and closing of case for prosecution and defence
213.-(1)
The prosecutor shall be entitled to address the court at the commencement of his
case and the accused person or his barrister
and solicitor shall be entitled to
address the court at the commencement of the case for the
defence.
(2) If the accused
person, whether or not he gives evidence himself, does not call any witness
other than himself to give evidence
on his behalf, the prosecutor shall, after
all the evidence has been given, have the right to address the court first and
the accused
person may then, either personally or by his barrister and
solicitor, make the final address to the court, whether or not the prosecutor
has exercised his right to address the
court.
(3) If the accused person
calls any witness other than himself to give evidence on his behalf, he shall,
either personally or by his
barrister and solicitor, after all the evidence has
been given, have the right to address the court first and the prosecutor may
then make the final address to the court, whether or not the right to address
the court has been exercised by or on behalf of the
accused
person.
(Section
inserted by 12 of 1971 and amended by 11 of 1974, s. 6.)
Variance between charge and evidence and amendment of charge
214.-(1)
Where, at any stage of the trial before the close of the case for the
prosecution, it appears to the court that the charge is
defective, either in
substance or in form, the court may make such order for the alteration of the
charge, either by way of amendment
of the charge or by the substitution or
addition of a new charge, as the court thinks necessary to meet the
circumstances of the
case:
Provided that
-
(a) where a charge is altered as aforesaid, the court shall thereupon call upon the accused person to plead to the altered charge;
(b) where a charge is altered under this subsection the accused may demand that the witnesses or any of them be recalled and give their evidence afresh or be further cross-examined by the accused or his barrister and solicitor and, in such last-mentioned event, the prosecution shall have the right to re-examine any such witness on matters arising out of such further cross-examination.
(2)
Variance between the charge and the evidence produced in support of it with
respect to the date or time at which the alleged offence
was committed or with
respect to the description, value or ownership of any property or thing the
subject of the charge is not material
and the charge need not be amended for
such variation:
Provided that
where the variation is with respect to the date or time at which the alleged
offence was committed, the proceedings
have in fact been instituted within the
time, if any, limited by law for the institution
thereof.
(Substituted
by 13 of 1969, s. 26.)
(3) Where
an alteration of a charge is made under subsection (1) or there is a variance
between the charge and the evidence as described
in subsection (2), the court
shall, if it is of the opinion that the accused has been thereby misled or
deceived, adjourn the trial
for such period as may be reasonably
necessary.
The decision
215.
The court having heard both the prosecutor and the accused person and their
witnesses and evidence shall either convict the accused
and pass sentence upon
or make an order against him according to law or shall acquit him or make an
order under the provisions of
section
44
of the Penal
Code.
(Cap.
17)
(Substituted
by 24 of 1950, s. 14.)
Consideration of other offences admitted by accused
216.-(1)
Upon a person being convicted of any offence, the court may, if it thinks fit,
with his consent and the consent of the prosecutor
take into consideration in
deciding the sentence to be imposed on such person any other untried offence of
a like character which
he admits in writing to have committed.
(2) (a) Where it is proposed to proceed under the provisions of subsection (1), particulars of untried offences, within the jurisdiction of the court, shall be set out on the prescribed form and tendered thereto;
(b) The court may then sentence the accused person taking into consideration such admitted offences, whereupon the accused person shall not be tried in respect of them and such admissions shall be an absolute bar to any criminal proceedings in respect thereof.
(Section
inserted by 13 of 1969, s. 28.)
Drawing up of conviction or order
217.
The conviction or order shall, if required, be afterwards drawn up and shall be
signed by the court making the conviction or order,
or by the clerk or other
officer of the court.
Order of acquittal bar to further procedure
218.
The production of a copy of the order of acquittal, certified by the clerk or
other officer of the court, shall, without other proof,
be a bar to any
subsequent information or complaint for the same matter against the same accused
person.
LIMITATIONS
AND EXCEPTIONS RELATING TO
TRIALS
BEFORE
MAGISTRATES' COURTS
Limitation of time for summary trials in certain cases
219.
Except where a longer time is specially allowed by law, no offence, the maximum
punishment for which does not exceed imprisonment
for six months or a fine of
one hundred dollars or both, shall be triable by a magistrates' court, unless
the charge or complaint
relating to it is laid within six months from the time
when the matter of such charge or complaint
arose.
(Amended by
26 of 1957, s. 7.)
Power to stop summary trial and hold preliminary inquiry in lieu
220.
If before or during the course of a trial before a magistrates' court it appears
to the magistrate that the case is one which ought
to be tried by the Supreme
Court or if before the commencement of the trial an application in that behalf
is made by a public prosecutor
that it shall be so tried, the magistrate shall
not proceed with the trial but in lieu thereof he shall hold a preliminary
inquiry
in accordance with the provisions hereinafter contained, and in such
case the provisions of section 235 shall not
apply.
(Substituted
by 26 of 1945, s. 3.)
Special procedure in minor cases
221.-(1)
Notwithstanding any of the other provisions of this Code, a resident magistrate
may, if so requested by the public prosecutor-
(a) try any offence of which the maximum penalty does not exceed a fine of one hundred dollars or imprisonment for six months or both such fine and imprisonment;
(b) try any offence under the provisions of the Traffic Act, whereunder the endorsement of, or disqualification from holding, a driving licence may be ordered either with or without a fine not exceeding one hundred dollars or imprisonment not exceeding six months or both such fine and imprisonment;
(Cap. 176)
(c) hear any proceedings under the provisions of sections 32, 33, 34, 35 or 41;
(d) try any offence under the provisions of sections 244, 262, 281, 282, 283 or subsection (1) of section 324 of the Penal Code;
(Cap. 17)
(e) try any offence under the provisions of the Minor Offences Act,
(Cap. 18)
in
the manner provided in this
section:
(Inserted
by 18 of
1976, s.
8.)
Provided that no person may be
so tried if in the opinion of the court he is under the age of seventeen
years.
(Substituted
by 13 of 1969, s. 29.)
(2) Upon
the trial or hearing of any offence or proceedings to which the provisions of
this section apply, the provisions of this
Code shall be modified as hereinafter
set out.
(Amended
by 13 of 1969, s. 29.)
(3) It
shall be sufficient for the purposes of section
190
relating to the manner of recording evidence if the magistrate records the names
of the witnesses and such notes, if any, on the
evidence as he considers
desirable.
(4) Where the accused
being charged in terms of section 206 makes a statement admitting the truth of
the charge, the magistrate may,
instead of recording the accused's statement in
full, enter in the record a plea of
guilty.
(5) It shall be sufficient
compliance with the provisions of section
155
relating to the contents of the judgment if the magistrate's judgment consists
only of his finding and sentence or other final
order:
Provided that the
magistrate may be required by a judge of the Supreme Court to state in writing
the reasons for his decision.
(6)
The magistrate shall if requested by the accused or his barrister and solicitor
or by the public prosecutor record a sufficient
note of any question of law and
of any relevant evidence relating thereto, which may arise during the trial or
hearing of any offence
or proceedings under the provisions of this
section.
(7) The maximum penalty
which may be imposed on the trial of an offence under the provisions of this
section shall be a fine of sixty
dollars or three month's imprisonment in lieu
thereof.
(8) A magistrate trying
any offence under the provisions of this section shall have
power-
(a) to order the endorsement of a driving licence; or
(b) to make an order under the provisions of section 41 or 42 of the Penal Code or of section 36 or 41,
(Cap.
17)
in any case where such an
order could have been made if the case had been heard otherwise than under the
provisions of this
section.
(Section
inserted by 24 of 1950, s. 15, and amended by 26 of 1957, s. 8 and 13 of 1969,
s. 29 and 16 of 1973, s. 7.)
Committal by resident magistrate to Supreme Court for sentence.
222.-(1)
Where a person, being not less than seventeen years of age, is tried by a
resident magistrate for any offence, and such person
is convicted by such
magistrate of that offence, or of any other offence of which he is liable to
conviction under the provisions
of this Code then, if, on obtaining information
as to his character and antecedents, the magistrate is of opinion that they are
such
that greater punishment should be inflicted in respect of the offence than
the magistrate has power to inflict, the magistrate may,
in lieu of dealing with
him in any manner in which the magistrate has power to deal with him, commit him
in custody or on bail to
the Supreme Court for sentence in accordance with the
following provisions of this
section.
(Amended
by 16 of 1973, s. 8.)
(2) Where
the offender is so committed for sentence as aforesaid the following provisions
shall have effect, that is to say:-
(a) the Supreme Court shall enquire into the circumstances of the case, and shall have power to deal with the offender in any manner in which he could be dealt with if he had been convicted by the Supreme Court; and
(b) if dealt with by the Supreme Court the offender shall have the same right of appeal to the Fiji Court of Appeal as if he had been convicted and sentenced by the Supreme Court;
(Amended by 37 of 1959, s. 5.)
(c) the Supreme Court, after hearing counsel for the Crown if he desires to be heard, may remit the accused for sentence, in custody or on bail, to the magistrate which originally committed the accused for sentence, and thereafter the accused shall be dealt with by such court and shall have the same right of appeal as if no such committal to the Supreme Court had been made.
(Inserted by 37 of 1959, s. 5.)
PART
VII-PROVISIONS RELATING TO THE COMMITTAL OF
ACCUSED
PERSONS FOR
TRIAL BEFORE THE SUPREME COURT
PRELIMINARY INQUIRY BY MAGISTRATES' COURTS
Power to commit for trial
223.
Any magistrate may commit any person for trial to the Supreme
Court.
(Amended by
Order, 4th November, 1970.)
Court to hold preliminary inquiry
224.
Whenever any charge has been brought against any person of an offence not
triable by a magistrates' court or as to which the magistrate
is of opinion that
it ought to be tried by the Supreme Court or where an application in that behalf
has been made by a public prosecutor
a preliminary inquiry shall be held,
according to the provisions hereinafter contained, by a magistrates' court,
locally and otherwise
competent.
(Substituted
by 26 of 1945, s. 4.)
Charge to be read over to accused
225.
A magistrate conducting a preliminary inquiry shall, at the commencement of such
inquiry, read over and explain to the accused person
the charge in respect of
which the inquiry is being held, and shall explain to the accused that he will
have an opportunity later
on in the inquiry of making a statement if he so
desires, and shall further explain to the accused the purpose of the
proceedings,
namely to determine whether there is sufficient evidence to put him
on his trial by the Supreme
Court.
(Amended by
24 of 1950, s. 16.)
Depositions
226.-(1)
When the accused person charged with such an offence comes before a magistrates'
court, on summons or warrant or otherwise, the
court shall, in his presence,
take down in writing, or cause to be so taken down, the statements on oath of
those who are competent
to be sworn and the statements of any other witnesses
whose evidence may lawfully be
received.
Statements of witnesses
so taken down in writing are termed
depositions.
(2) The accused
person may put questions to each witness produced against him, and the answer of
the witness thereto shall form part
of such witness's
depositions.
(3) If the accused
person does not employ a barrister and solicitor, the court shall, at the close
of the examination of each witness
for the prosecution, ask the accused person
whether he wishes to put any questions to that
witness.
(4) As the statement of
each witness taken down under this section is completed, it shall be read over
to him in the presence of the
accused and shall, if necessary, be
corrected.
(5) If any witness
denies the correctness of any part of the statement when the same is read over
to him, the magistrate may, instead
of correcting the evidence, make a
memorandum thereon of the objection made to it by the witness, and shall add
such remarks as he
thinks
necessary.
(6) If the statement is
taken down in a language different from that in which it has been given, and the
witness does not understand
the language in which it is taken down, the
statement shall be interpreted to him in a language which he
understands.
(7) The depositions
of each witness shall then be signed by him and by the magistrate holding the
inquiry.
Variance between evidence and charge
227.
No objection to a charge, summons or warrant for defect in substance or in form,
or for variance between it and the evidence of the
prosecution, shall be
allowed; but if any variance appears to the court to be such that the accused
person has been thereby deceived
or misled, the court may, on the application of
the accused person, adjourn the inquiry and allow any witness to be recalled,
and
such questions to be put to him as by reason of the terms of the charge may
have been omitted.
Remand
228.
If, from the absence of witnesses or any other reasonable cause to be recorded
in the proceedings, the court considers it necessary
or advisable to adjourn the
inquiry, the court may from time to time by warrant remand the accused for a
reasonable time, not exceeding
fifteen clear days at any one time, to some
prison or other place of security. Or, if the remand is for not more than three
days,
the court may by word of mouth order the officer or person in whose
custody the accused person is, or any other fit officer or person,
to continue
to keep the accused in his custody, and to bring him up at the time appointed
for the commencement or continuance of
the
inquiry.
During a remand the court
may at any time order the accused to be brought before
it.
The court may on a remand
admit the accused to bail.
Provisions as to taking statement or evidence of accused person
229.-
(1) If, after examination of the witnesses called on behalf of the prosecution,
the court considers that on the evidence as it stands
there are sufficient
grounds for committing the accused for trial, the magistrate shall satisfy
himself that the accused understands
the charge and shall ask the accused
whether he wishes to make a statement in his defence or not and, if he wishes to
make a statement,
whether he wishes to make it on oath, or not. The magistrate
shall also explain to the accused that he is not bound to make a statement
and
that his statement, if he makes one, will be part of the evidence at the
trial.
(Amended by
24 of 1950, s.17.)
(2) Everything
which the accused person says, either by way of statement or evidence, shall be
recorded in full and shall be shown
or read over to him, and he shall be at
liberty to explain or add to anything contained in the record
thereof.
(3) When the whole is
made conformable to what he declares is the truth, the record thereof shall be
attested by the magistrate, who
shall certify that such statement or evidence
was taken in his presence and hearing and contains accurately the whole
statement made,
or evidence given, as the case may be, by the accused person.
The accused person shall sign or attest by his mark such record. If
he refuses,
the court shall add a note of his refusal, and the record may be used as if he
had signed or attested it.
Evidence and address in defence
230.-
(1) Immediately after complying with the requirements of section
229
relating to the statement or evidence of the accused person, and whether the
accused person has or has not made a statement or given
evidence, the court
shall ask him whether he desires to call witnesses on his own
behalf.
(2) The court shall take
the evidence of any witnesses called by the accused person in like manner as in
the case of the witnesses
for the prosecution, and every such witness, not being
merely a witness to the character of the accused person, shall be bound by
recognizance to appear and give evidence at the trial of such accused
person.
(3) If the accused person
states that he has witnesses to call, but that they are not present in court,
and the court is satisfied
that the absence of such witnesses is not due to any
fault or neglect of the accused person, and that there is a likelihood that
they
could, if present, give material evidence on behalf of the accused person, the
court may adjourn the inquiry and issue process,
or take other steps, to compel
the attendance of such witnesses, and on their attendance shall take their
depositions and bind them
by recognizance in the same manner as witnesses under
subsection (2).
(4) In any
preliminary inquiry under this Part, the accused person or his barrister and
solicitor shall be at liberty to address the
court-
(a) after the examination of the witnesses called on behalf of the prosecution;
(b) if no witnesses for the defence are to be called, immediately after the statement or evidence of the accused person;
(c) if the accused person elects-
(i) to give evidence or to make a statement and witnesses for the defence are to be called, or
(ii) not to give evidence or to make a statement, but to call witnesses,
immediately after the evidence of such witnesses.
(5)
If the accused person or his barrister and solicitor addresses the court in
accordance with the provisions of paragraph
(a)
or
(c)
of subsection (4) the prosecution shall have the right of
reply.
(6) Where the accused
person reserves his defence, or at the conclusion of any statement in answer to
the charge or evidence in defence,
as the case may be, the court shall ask him
whether he intends to call witnesses at the trial, other than any whose evidence
has
been taken under the provisions of this section, and, if so, whether he
desires to give their names and addresses so that they may
be summoned. The
court shall thereupon record the names and addresses of any such witnesses whom
he may mention.
Discharge of accused person
231.
If, at the close of the case for the prosecution, or after hearing any evidence
in defence, the court considers that the evidence
against the accused person is
not sufficient to put him on his trial, the court shall forthwith order him to
be discharged as to
the particular charge under inquiry; but such discharge
shall not be a bar to any subsequent charge in respect of the same
facts:
Provided always that
nothing contained in this section shall prevent the court from either forthwith,
or after such adjournment of
the inquiry as may seem expedient in the interests
of justice, proceeding to investigate any other charge upon which the accused
person may have been summoned or otherwise brought before it, or which, in the
course of the charge so dismissed as aforesaid, it
may appear that the accused
person has committed.
Power to apply to Supreme Court for committal in certain cases where accused person discharged
232.
- (1) In any case where a magistrates'
court shall discharge an accused person on a preliminary inquiry, the court
shall, if required
so to do by the Director of Public Prosecutions, transmit
forthwith to him the record of the proceedings and if the Director of Public
Prosecutions on considering the evidence shall be of opinion that the accused
person ought not to have been discharged, it shall
be lawful for him to apply to
a judge of the Supreme Court for a warrant for the arrest and committal for
trial of the accused person;
and if the judge shall be of opinion that the
evidence, as given before the magistrates' court, was sufficient to put the
accused
person on his trial, it shall be lawful for him to issue a warrant for
the arrest of the accused person and for his committal to
prison for trial,
there to be kept until discharge in due course of law or admitted to bail and
any person so proceeded against shall
be further prosecuted in the same manner
as if he had been committed for trial by the magistrates' court which discharged
him and
for the purposes of the other provisions of this Code the said
magistrates' court shall be deemed to have committed him for
trial.
(2) An application under
subsection (1) may not be made after the expiry of six months from the date of
discharge.
(3) For the purpose of
taking recognizances under section
236
the magistrates' court shall have in relation to any person required to be bound
over under the section aforesaid all the powers
vested in the court for
compelling the attendance of
witnesses.
(4) The officer in
charge of a prison shall inform any person committed to such prison under the
provisions of subsection (1) of his
rights under sections
238
and
239,
and notwithstanding the other provisions of this Code, the magistrates' court
shall not be required so to inform
him.
(Inserted by
27 of 1953, s. 2.)
Commitment for trial
233.
- (1) If the court considers the evidence
sufficient to put the accused person on his trial, the court shall commit him
for trial
to the Supreme Court and shall, until the trial, either admit him to
bail or send him to prison for
safe-keeping.
The warrant of such
first-named court shall be sufficient authority to the officer in charge of any
prison appointed for the custody
of prisoners committed for
trial.
(2) In the case of a
corporation the court may, if it considers the evidence sufficient to put the
accused corporation on trial, make
an order authorising the Director of Public
Prosecutions to file an information against such corporation, and for the
purposes of
this Code any such order shall be deemed to be a committal for
trial.
Rules as to alibi
234.
(1) On a trial before the Supreme Court the defendant shall not without the
leave of the Court adduce evidence in support of an alibi
unless, before the end
of the prescribed period, he gives notice of particulars of the
alibi.
(2) Without prejudice to
subsection (1), on any such trial the defendant shall not without the leave of
the Court call any other person
to give such evidence unless -
(a) the notice under that subsection includes the name and address of the witness, or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;
(b) if the name or the address is not included in that notice, the Court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;
(c) if the name or the address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and
(d) if the defendant is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.
(3)
The Court shall not refuse leave under this section if it appears to the Court
that the defendant was not informed of the requirements
of this
section.
(4) Any evidence tendered
to disprove an alibi may, subject to any directions by the Court as to the time
it is to be given, be given
before or after evidence is given in support of the
alibi.
(5) Any notice purporting
to be given under this section on behalf of the defendant by his barrister and
solicitor shall, unless the
contrary is proved, be deemed to be given with the
authority of the defendant.
(6) A
notice under subsection (1) shall either be given in court during, or at the end
of, the preliminary inquiry before the magistrate
or be given in writing to the
prosecution, and a notice under paragraph
(c)
or
(d)
of subsection (2) shall be given in writing to the
prosecution.
(7) In this section -
"evidence in support of an alibi" means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;
"the prescribed period" means the period of fourteen days from the end of the preliminary inquiry before the magistrate.
(Section inserted by 18 of 1976, s. 9)
Summary adjudication
235.
- (1) If, at the close of or during the inquiry, it shall appear to the
magistrates' court that the offence charged or, where the
evidence discloses
some offence other than that charged, any such other offence disclosed, is of
such a nature that it may suitably
be dealt with under the powers possessed by
the court, the court may, subject to the provisions of section
4
and Part VI, hear and finally determine the
matter.
(2) The powers conferred
on a court by subsection (1) shall, in the event of any offence having been
disclosed other than the offence
charged, include the power to draw up and sign
a formal charge as if a complaint had been made under section
78.
(3) A court dealing with a
case under the provisions of this section may act on the evidence which has
already been recorded before
it or may recall all or any of the witnesses for
further examination:
Provided that
in every case the accused shall be entitled to have recalled for
cross-examination or further cross-examination all
witnesses for the prosecution
whom he may require to be recalled.
(Substituted by 26 of 1957, s. 10.)
Complainant and witnesses to be bound over
236.
When the accused person is committed for trial before the Supreme Court, the
magistrates' court committing him shall bind by recognizance,
with or without
surety or sureties, as it may deem requisite, the complainant and every witness
to appear at the trial to give evidence,
and also to appear and give evidence if
required, at any further examination concerning the charge which may be held by
direction
of the Director of Public Prosecutions.
Refusal to be bound over
237.
If a person refuses to enter into such recognizance, the court may commit him to
prison or into the custody of any officer of the
court, there to remain until
after the trial, unless in the meantime he enters into a recognizance. But if
afterwards, from want
of sufficient evidence or other cause, the accused is
discharged, the court shall order that the person imprisoned for so refusing
be
also discharged.
Accused entitled to copy of depositions
238.
A person who has been committed for trial before the Supreme Court shall be
entitled at any time before the trial to have a copy
of the depositions on
payment of such fee as may be determined by the Chief Justice or, if the court
thinks fit, without payment.
When such person is not represented by a barrister
and solicitor, the court shall at the time of committing him for trial inform
him of his rights under the provisions of this section.
(Substituted by 11 of
1972, s. 5.)
Binding over of witnesses conditionally
239.
- (1) Where any person charged before a magistrates' court with an offence
triable upon information before the Supreme Court is committed
for trial, and it
appears to such magistrates' court, after taking into account anything which may
be said with reference thereto
by the accused or the prosecutor, that the
attendance at the trial of any witness who has been examined before it is
unnecessary
by reason of anything contained in any statement by the accused
person, or of the evidence of the witness being merely of a formal
nature, the
magistrates' court shall, if the witness has not already been bound over, bind
him over to attend the trial conditionally
upon notice given to him and not
otherwise, or shall, if the witness has already been bound over, direct that he
shall be treated
as having been bound over to attend only conditionally as
aforesaid, and shall transmit to the Supreme Court a statement in writing
of the
names, addresses and occupations of the witnesses who are, or who are to be
treated as having been, bound over to attend the
trial
conditionally.
(2) Where a witness
has been, or is to be treated as having been, bound over conditionally to attend
the trial, the Director of Public
Prosecutions or the person committed for trial
may give notice at any time before the opening of the sessions of the Supreme
Court
to the committing magistrates' court and at any time thereafter to the
Chief Registrar of the Supreme Court that he desires the witness
to attend at
the trial, and any such court or Chief Registrar to whom any such notice is
given shall forthwith notify the witness
that he is required so to attend in
pursuance of his recognizance.
The
magistrates' court shall, on committing the accused person for trial, inform him
of his right to require the attendance at the
trial of any such witness as
aforesaid, and of the steps which he must take for the purpose of enforcing such
attendance.
(3) Any documents or
articles produced in evidence before the magistrates' court by any witness whose
attendance at the trial is stated
to be unnecessary in accordance with the
provisions of this section and marked as exhibits shall, unless in any
particular case the
magistrates' court otherwise orders, be retained by the
magistrates' court and forwarded with the depositions to the Chief Registrar
of
the Supreme Court.
PRESERVATION OF TESTIMONY IN CERTAIN CASES
Taking the depositions of persons dangerously ill
240.
Whenever it appears to any magistrate that any person dangerously ill or hurt
and not likely to recover is able and willing to give
material evidence relating
to any offence triable by the Supreme Court, and it shall not be practicable to
take the deposition in
accordance with the provisions of this Code of the person
so ill or hurt, such magistrate may take in writing the statement on oath
or
affirmation of such person, and shall subscribe the same, and certify that it
contains accurately the whole of the statement made
by such person, and shall
add a statement of his reason for taking the same, and of the date and place
when and where the same was
taken, and shall preserve such statement and file it
for record.
Notice to be given
241.
If the statement relates or is expected to relate to an offence for which any
person is under a charge or committal for trial, reasonable
notice of the
intention to take the same shall be served upon the prosecutor and the accused
person, and if the accused person is
in custody he shall be brought by the
person in whose charge he is, under an order in writing of the magistrate, to
the place where
the statement is to be taken.
Transmission of statements
242.
If the statement relates to an offence for which any person is then or
subsequently committed for trial, it shall be transmitted
to the Chief Registrar
of the Supreme Court, and a copy thereof shall be transmitted to the Director of
Public Prosecutions.
Use of statement in evidence
243.
Such statement so taken may afterwards be used in evidence on the trial of any
person accused of an offence to which the same relates,
if the person who made
the statement be dead, or if the court is satisfied that for any sufficient
cause his attendance cannot be
procured, and if reasonable notice of the
intention to take such statement was served upon the person (whether prosecutor
or accused
person) against whom it is proposed to be read in evidence, and he
had or might have had, if he had chosen to be present, full opportunity
of
cross-examining the person
making
same.
PROCEEDINGS AFTER COMMITTAL FOR TRIAL
Transmission of records to Supreme Court and Director of Public Prosecutions
244.
In the event of a
committal
for trial the written charge
(if
any), the depositions, the statement of
the accused person, the recognizances of the complainant and of the witnesses,
the recognizances
of bail (if any), and any documents or things which have been
put in evidence, shall be transmitted without delay by the committing
court to
the Chief Registrar of the Supreme Court, and an authenticated copy of the
depositions and statement aforesaid shall be
supplied
to
the Director of Public Prosecutions
by the Chief Registrar.
Power of Director of Public Prosecutions to direct further investigation
245.
If, after receipt of the authenticated copy of the depositions and statement
provided for by section
244
and before the trial before the Supreme Court, the Director of Public
Prosecutions is of opinion that further investigation is required
before such
trial, it shall be lawful for the Director of Public Prosecutions to direct that
the original depositions be remitted
to the court which committed the accused
person for trial, and such court may thereupon reopen the case and deal with it
in all respects
as if such person had not been committed for trial as aforesaid;
and if the case be one which may suitably be dealt with under the
powers
possessed by such court, it may, if thought expedient by the court, be so tried
and determined accordingly.
Powers of Director of Public Prosecutions as to additional witnesses
246.
If, after receipt of the authenticated copy of the depositions and statement as
aforesaid and prior to the trial before the Supreme
Court, the Director of
Public Prosecutions is of the opinion that there is, in any case committed for
trial, any material or necessary
witness for the prosecution or the defence who
has not been bound over to give evidence on the trial of the case, the Director
of
Public Prosecutions may require the magistrates' court which committed the
accused person for trial to take the depositions of such
witness and compel his
attendance either by summons or by warrant as hereinbefore
provided.
Return of depositions with a view to summary trial
247.
If, prior to the trial before the Supreme
Court, the Director of Public Prosecutions is of the opinion, upon perusing the
record of
the depositions received by him, that the case is one which may be
suitably tried by a magistrates' court on a charge of any offence
disclosed by
such depositions, he may cause the depositions to be returned to the court which
committed the accused person for trial.
The Director of Public Prosecutions when
causing the depositions to be returned as aforesaid may direct that the accused
be tried
on any charge which in his opinion is disclosed by the depositions
either in addition to or in substitution for the offence upon
which the accused
was originally committed for trial, and upon receipt of such direction the
magistrate shall try the accused accordingly,
as if he had not been committed
for trial:
Provided that where the
charge upon which the accused is so directed to be tried by the committing court
is the same as the charge
upon which he was committed for trial and the
magistrate who takes cognizance of such case after the return of the depositions
to
the Court is the same as the magistrate who committed the accused for trial,
the provisions of subsection (3) of
section 235
shall
apply.
(Substituted
by 37 of 1959, s. 6.)
Filing of an information
248.
- (1)
If , after the receipt of the
authenticated copy of the depositions as aforesaid, the Director of Public
Prosecutions is of the opinion
that the case is one which should be tried upon
information before the Supreme Court, an information shall be drawn up in
accordance
with the provisions of this Code, and when signed by the Director of
Public Prosecutions shall be filed in the registry of the Supreme
Court.
(2) In any such information
the Director of Public Prosecutions may charge the accused person with any
offence which, in his opinion,
is disclosed by the depositions either in
addition to, or in substitution for, the offence upon which the accused person
has been
committed for trial.
Notice of trial
249.
The Chief Registrar or his deputy shall endorse on or annex to every information
filed as aforesaid, and to every copy thereof delivered
to the officer of the
court or police officer for service thereof, a notice of trial, which notice
shall specify the particular sessions
of the Supreme Court at which the accused
person is to be tried on the said information, and shall be in the following
form, or as
near thereto as may be:
"A. B.
Take notice that you will be tried on the information whereof this is a true copy at the sessions of the Supreme Court to be held at on the day of 19 ."
Copy of information and notice of trial to be served
250.
The Chief Registrar shall deliver or cause to be delivered to the officer of the
court or police officer serving the information
a copy thereof with the notice
of trial endorsed on the same or annexed thereto, and, if there are more accused
persons committed
for trial than one, then as many copies as there are such
accused persons; and the officer of the court or police officer aforesaid
shall,
as soon as may be after having received the copy or copies of the information
and notice or notices of trial, and three days
at least before the day specified
therein for trial, by himself or his deputy or other officer, deliver to the
accused person or
persons committed for trial the said copy or copies of the
information and notice or notices, and explain to him or them the nature
and
exigency thereof; and when any accused person shall have been admitted to bail
and cannot readily be found, he shall leave a
copy of the said information and
notice of trial with someone of his household for him at his dwelling-house or
with someone of his
bail for him, and if none such can be found, shall affix the
said copy and notice to the outer or principal door of the dwelling-house
or
dwelling-houses of the accused person or of any of his
bail:
Provided always that nothing
herein contained shall prevent any person committed for trial, and in custody at
the opening of or during
any sessions of the Supreme Court, from being tried
thereat, if he shall express his assent to be so tried and no special objection
be made thereto on the part of the Crown.
Return of service
251.
The officer serving the copy or copies of the information and notice or notices
of trial shall forthwith make to the Chief Registrar
a return of the mode of
service thereof.
Postponement of trial
252.
-
(1)
It shall be lawful for the Supreme Court
upon the application of the prosecutor or the accused person, if the court
considers that
there is sufficient cause for the delay, to postpone the trial of
any accused person to the next sessions of the court held in the
Division or
some other convenient place, or to a subsequent session, and to respite the
recognizances of the complainant and witnesses,
in which case the respited
recognizances shall have the same force and effect as fresh recognizances to
prosecute and give evidence
at such subsequent sessions
would
have
had.
(2) The Supreme Court may
give such directions for the amendment of the information and the service of any
notices which the court
may deem necessary in consequence of any order made
under the last preceding subsection.
Information by Director of Public Prosecutions
253.
All informations drawn up in pursuance of section
248
shall be in the name of and (subject to the provisions of section
72)
signed by the Director of Public Prosecutions and when so signed shall be as
valid and effectual in all respects as an indictment
in England which has been
signed by the proper officer of the court in accordance with the Administration
of Justice (Miscellaneous
Provisions) Act, 1933 of the United
Kingdom.
Form of information
254.
Every information shall bear date of the day when the same is signed, and, with
such modifications as shall be necessary to adapt
it to the circumstances of
each case, may commence in the following form: -
THE
QUEEN v.
A.
B.
In the Supreme Court of
Fiji.
At the Sessions holden at
on the day of , 19 .
INFORMATION
BY THE DIRECTOR OF PUBLIC
PROSECUTIONS
A. B. is charged with the
following offence (or offences): -
PART
- VIII
(Inserted
by 11 of 1972, s. 6.)
COMMITTAL PROCEEDINGS
Committal for trial without oral evidence
255.
- (1) A magistrate conducting a preliminary inquiry, in this Part hereinafter
referred to as committal proceedings, may, notwithstanding
the provisions of
section
224,
if satisfied that all the evidence before the court (whether for the prosecution
or the defence) consists of written statements
tendered to the court under
section
256,
with or without exhibits, commit the defendant for trial for the offence without
consideration of the contents of those statements,
unless -
(a) the defendant or one of the defendants is not represented by a barrister and solicitor;
(b) a barrister and solicitor for the defendant or one of the defendants, as the case may be, has requested the court to consider a submission that the statements disclose insufficient evidence to put that defendant on trial for the offence.
(2)
Sections
225,
226,
227,
229
and
230
shall not apply to a committal for trial under this section.
Requirements for the admissibility of written statements
256.
- (1) In committal proceedings a written statement by any person shall, if the
conditions mentioned in subsection (2) are satisfied,
be admissible as evidence
to the like extent as oral evidence to the like effect by that
person.
(2) The conditions
referred to in subsection (1) shall be as follows: -
(a) the statement purports to be signed by the person who made it;
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
(c) before the hearing at which the statement is tendered in evidence, a copy of the statement is given, by or on behalf of the party proposing to tender it, to each of the other parties to the proceedings; and
(d) none of the other parties, before the statement is tendered in evidence at the committal proceedings, objects to the statement being so tendered under this section.
(3)
The following provisions shall also have effect in relation to any written
statement tendered in evidence under this section:
-
(a) if the statement is made by a person under the age of twenty-one, it shall give his age;
(b) if it is made by a person who cannot read it, it shall be read to him before he signs it in a language which he understands and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and
(c) if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under paragraph (c) of subsection (2) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party to whom it is given to inspect that document or a copy thereof.
(4)
Notwithstanding that a written statement made by any person may be admissible in
committal proceedings by virtue of this section,
the court before which the
proceedings are held may, of its own motion and shall, on the application of any
party to the proceedings,
require that person to attend before the court and
give evidence.
(5) So much of any
statement as is admitted in evidence by virtue of this section shall, unless the
court commits the defendant for
trial by virtue of section
255
or the court otherwise directs, be read aloud at the hearing, and where the
court so directs an account shall be given orally of
so much of any statements
as is not read aloud.
(6) Any
document or object referred to as an exhibit and identified in a written
statement tendered in evidence under this section
shall be treated as if it had
been produced as an exhibit and identified in court by the maker of the
statement.
(7) Section
290
shall apply to any written statement tendered in evidence in committal
proceedings, as it applies to a deposition taken in such proceedings,
but in its
application to any such statement that subsection shall have effect as if
paragraph
(b)
thereof were omitted.
(8)
Subsection (3) of section
235
shall not apply to any such statement as
aforesaid.
(9) A person whose
written statement is tendered in evidence in committal proceedings under this
section shall be treated for the
purposes of sections
236
and
239
as a witness who has been examined by the court.
Reports of committal proceedings
257. -
(1) Except as provided by subsections (2)
and (3), it shall not be lawful to publish in Fiji a written report, or to
broadcast in
Fiji a report, of any committal proceedings in Fiji containing any
matter other than that permitted by subsection
(4).
(2) A magistrates' court
shall, on an application for the purpose made with reference to any committal
proceedings by the defendant
or one of the defendants, as the case may be, order
that subsection (1), shall not apply to reports of those
proceedings.
(3) It shall not be
unlawful under this section to publish or broadcast a report of committal
proceedings containing any matter other
than that permitted by subsection
(4)-
(a) where the magistrates' court determines not to commit the defendant or the defendants for trial, after it so determines;
(b) where the court commits the defendant or any of the defendants for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried.
(4)
The following matters may be contained in a report of committal proceedings
published or broadcast without an order under subsection
(2) before the time
authorised by the last foregoing subsection, that is to say-
(a) the identity of the court and the name of the magistrate;
(b) the names, addresses and occupations of the parties and witnesses and the ages of the defendant or defendants and witnesses;
(c) the offence or offences, or a summary of them, with which the defendant or defendants is or are charged;
(d) the names of barristers and solicitors engaged in the proceedings;
(e) any decision of the court to commit the defendant or any of the defendants for trial, and any decision of the court on the disposal of the case of any defendants not committed;
(f) where the court commits the defendants or any of the defendants for trial, the charge or charges, or a summary of them, on which he is committed and the court to which he is committed;
(g) where the committal proceedings are adjourned, the date and place to which they are adjourned;
(h) any arrangements as to bail on committal or adjournment;
(i) whether legal aid was granted to the defendant or any of the defendants.
(5)
If a report is published or broadcast in contravention of this section, the
following persons, that is to say-
(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c) in the case of a broadcast of a report, any body corporate which transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical;
shall
be liable on conviction to a fine not exceeding one thousand
dollars.
(6) Proceedings for an
offence under this section shall not, be instituted otherwise than by or with
the consent of the Director of
Public
Prosecutions.
(7) Subsection (1)
shall be in addition to, and not in derogation from the provisions of any other
written law with respect to the
publication of reports and proceedings of
magistrates' and other courts.
Clerk to display notice
258.
Where a magistrates' court conducting committal proceedings commits any person
for trial or determines to discharge him, the clerk
of the court shall, on the
day on which the committal proceedings are concluded or the next day, cause to
be displayed in a part
of the court house to which the public have access a
notice-
(a) in either case giving that person's name, address, and age (if known);
(b) in a case where the court so commits him, stating the charge or charges on which he is committed and the court to which he is committed;
(c) in a case where the court determines to discharge him, describing the offence charged and stating that it has so determined.
Reporting
259.
Any report in a newspaper, and any broadcast report, of committal proceedings in
a case where publication is permitted by virtue
only of subsection (3) of
section
257,
published as soon as practicable after it is so permitted, shall be treated for
the purposes of section
13
of the Defamation Act as having been published or broadcast contemporaneously
with the committal
proceedings.
(Cap.
34)
Signing of depositions by magistrate
260.
A magistrate who signs a certificate authenticating one or more depositions or
statements tendered under section
256
shall be treated for the purposes of paragraph
(b)
of section
290
as signing that deposition or statement or each of those depositions and
statements.
False evidence
261.
If any person in a written statement tendered in evidence in criminal
proceedings by virtue of section
256
wilfully makes a statement material in those proceedings which he knows to be
false or does not believe to be true, he shall be liable
on conviction to
imprisonment for a term not exceeding two years or to a fine or both such
imprisonment and fine.
PART IX-PROCEDURE IN TRIALS BEFORE THE SUPREME COURT
GENERAL
Practice of Supreme Court in its criminal jurisdiction
262.
The practice of the Supreme Court in its criminal jurisdiction shall be
assimilated as nearly as circumstances will admit to the
practice of Her
Majesty's High Court of Justice in its criminal jurisdiction and of Courts of
Oyer and Terminer and General Gaol
Delivery in England.
MODE OF TRIAL
Trials before Supreme Court to be with assessors
263.
- (1) Trials before the Supreme Court
shall be by a judge sitting with assessors as hereinafter
prescribed.
(2) The number of
assessors shall be not less than two, and in capital cases not less than
four.
(Section
amended by 35 of 1961, s. 6.)
LIST OF ASSESSORS
Preparation of Lists of Assessors
264.
- (1) The Chief Justice shall designate a
magistrate at each place at which sessions of the Supreme Court are ordinarily
held who
shall, during the month of May,
1951,
and at intervals of two years thereafter
or at such other times as the Chief Justice may direct, prepare a list of
persons ordinarily
resident within ten miles of the court house who are liable
to serve as assessors setting out the name and surname and the occupation
and
place of abode of each person, and shall cause a copy to be posted on the court
house for a period of not less than three weeks
and to be published in two
issues of the Gazette.
(2) After
the posting and publication of the list referred to in subsection (1) the
magistrate shall send the list to the Chief Justice
or to such other judge as
the Chief Justice may direct who shall revise the list and shall, upon any
evidence which may be adduced
before him or of his own knowledge, information
and belief, strike out from the list the name of any person therein included who
is not liable to serve, or add to the list the name of any person who is liable
to serve, as an assessor.
(3) The
revision of the lists shall take place on a date to be notified in the Gazette,
and any person may appear at the revision
either personally or by his barrister
and solicitor and claim that his name should be added to or excluded from a
list.
(4) Each list when revised
shall be signed by the Chief Justice or other judge referred to in subsection
(2) and shall be published
in the Gazette and shall be used as the list of
assessors for the purposes of any trial by the Supreme Court at the place in
respect
of which it was prepared from the date of such publication until the
date of publication of the next list for such
place.
(5) A judge of the Supreme
Court may at any time on being satisfied that any person on the list is not
liable to serve as an assessor
cause the name of such person to be removed from
the List of Assessors.
(6) In the
event of a sessions of the Supreme Court being held at any place where such
sessions are not ordinarily held, the Chief
Justice shall give such directions
as he may consider to be necessary and desirable for the preparation and
publication of a list
of persons liable to serve as assessors for the purpose of
the sessions.
(7) A list prepared
in accordance with the foregoing provisions of this section is referred to as a
List of
Assessors.
(Substituted
by 24 of 1950, s. 18, and amended by 25 of 1961, s. 9 and 13 of 1969, s.
2.)
Liability to service
265.
Subject to the exemptions and disqualifications hereinafter contained every
person, male or female, between the ages of twenty-one
and sixty years resident
in Fiji having a competent knowledge of the English language shall be liable to
serve as an assessor at
any trial held by the Supreme Court within
Fiji:
Provided that the Chief
Justice may from time to time make rules regulating the area within which a
person may be summoned to serve
as an
assessor.
(Amended
by 35 of 1961, s. 10.)
Exemptions
266.
The following persons shall be exempted from liability to serve as
assessors:-
(a) the Governor-General;
(b) the Chief Justice and the Puisne Judges of the Supreme Court;
(c) the Speaker of the House of Representatives and the President of the Senate;
(d) the Prime Minister, Minister, and members of the House of Representatives and the Senate;
(e) the Secretary to the Cabinet and the Clerks to the House of Representatives and the Senate;
(f) the mayor of any city or town;
(g) persons exempted under the provisions of any other written law;
(h) magistrates, all officers and staff of the Judicial Department, the Director of Public Prosecutions and the Crown Law Office of the Government of Fiji;
(i) persons registered in any register kept under the provisions of the Medical and Dental Practitioners Act or any Act amending or replacing the same;
(Cap. 255)
(j) any veterinary surgeon registered under the provisions of the Veterinary Surgeons Act or any Act amending or replacing the same;
(Cap. 257)
(k) barristers and solicitors in actual practice and their clerks;
(l) members of Her Majesty's military or air forces;
(m) members and civilian staff of the Royal Fiji Police Force, the Prisons Service and the Aerodromes Fire Service;
(n) such other persons as may be exempted by the Minister by notice in the Gazette.
(Substituted by 13 of 1966 s. 33 and amended by Orders 7th October, 1970 and 4th November, 1970 and by 18 of 1976 s. 10.)
Disqualifications
267.
Each of the following persons shall be disqualified from serving as an
assessor:-
(a) persons disabled by mental or physical infirmity;
(b) persons who have been convicted of any offence punishable with imprisonment for more than five years and have not received a free pardon.
(Substituted by 13 of 1969 s. 34.)
ATTENDANCE OF ASSESSORS
Summoning of assessors
268.-(1)
The Chief Registrar of the Supreme Court shall ordinarily, at least seven days
before the trial of any criminal case by the Supreme
Court or before the first
trial of two or more cases to be tried consecutively, summon from among the
persons whose names appear
on the List of Assessors for the place at which the
trial or trials are to be held as many persons as he shall consider necessary
to
sit as assessors. Such persons shall, subject to the directions of the Chief
Justice, be summoned in rotation in the order in
which their names appear in the
said
list.
(Substituted
by 16 of 1973 s. 9.)
(2) Upon
every assessor summons served upon a woman there shall appear a notice that she
may apply to the Chief Registrar of the Supreme
Court for exemption from
attendance as an assessor on account of pregnancy or other feminine condition or
ailment provided that such
application is received by the Chief Registrar within
3 days of the receipt of the assessor summons by the
applicant.
(Inserted
by 35 of 1961, s. 14.)
Form of summons
269.-(1)
Every summons to an assessor shall be in writing, and shall require his
attendance as an assessor, at a time and place to be
therein
specified.
(2) The Supreme Court
or the Chief Registrar of the Supreme Court may in its or his discretion exempt
from attendance any woman who
has been summoned to serve as an assessor, if it
or he is satisfied by medical certificate or otherwise that on account of
pregnancy
or some other feminine condition or ailment she is, or will be, unfit
to
serve.
(Substituted
by 16 of 1973 s. 10.)
Excuses
270.
The Supreme Court or the Chief Registrar of the Supreme Court may for reasonable
cause excuse any assessor from attendance at any
particular sessions, and the
Supreme Court may, if it thinks fit, at the conclusion of any trial, direct that
the assessors who have
served at such trial shall not be summoned to serve again
as assessors for a period of twelve months or for such longer period as
the
court may
allow.
(Amended by
35 of 1961, s. 16 and 16 of 1973 s. 11.)
List of assessors attending
271.-(1)
At each sessions the Supreme Court shall cause to be made a list of the names of
those who have attended as assessors at such
sessions, and such list shall be
kept with the list of the assessors as revised under section
264.
(Amended
by 35 of 1961, s. 17.)
(2) A
reference shall be made in the margin of the said revised list to each of the
names which are mentioned in the list prepared
under this
section.
Penalty for non-attendance of assessor
272.-(1)
Any person summoned to attend as an assessor who, without lawful excuse, fails
to attend as required by the summons, or who,
having attended, departs without
having obtained the permission of the Supreme Court, or fails to attend after
adjournment of the
court after being ordered to attend, shall be liable by order
of the Supreme Court to a fine not exceeding forty
dollars.
(2) Such fine unless paid
shall be levied by a resident or second class magistrate by attachment and sale
of any movable property
belonging to such assessor within the local limits of
the jurisdiction of such
magistrate.
(Amended
by 35 of 1961, s. 18.)
(3) For
good cause shown, the Supreme Court may remit or reduce any fine so
imposed.
(4) In default of
recovery of the fine by attachment and sale an assessor may, by order of the
Supreme Court, be imprisoned as a civil
prisoner for a term of fifteen days
unless such fine is paid before the end of the said
term.
(Amended by
35 of 1961, s. 18.)
ARRAIGNMENT
Pleading to information
273.-(1)
The accused person to be tried before the Supreme Court upon an information
shall be placed at the bar unfettered, unless the
court shall see cause
otherwise to order, and the information shall be read over to him by the Chief
Registrar or other officer of
the court, and explained if need be by that
officer or interpreted by the interpreter of the court, and such accused person
shall
be required to plead instantly thereto, unless, where the accused person
is entitled to service of a copy of the information, he
shall object to the want
of such service, and the court shall find that he has not been duly served
therewith.
(2) In the case of a
corporation, the corporation may, by its representative, enter a plea in
writing; and if either the corporation
does not appear by representative or,
though it does so appear, fails to enter any plea, the court shall cause a plea
of "not guilty"
to be entered.
A
representative for the purposes of this section need not be appointed under the
seal of the corporation, and a statement in writing
purporting to be signed by a
managing director of the corporation, or by any person (by whatsoever name
called) having, or being
one of the persons having, the management of the
affairs of the corporation, to the effect that the person named in the statement
has been appointed as the representative of the corporation for the purposes of
this section shall be admissible without further
proof as
prima facie
evidence that that person has been so
appointed.
Orders for amendment of information, separate trial, and postponement of trial
274.-(1)
Every objection to any information for any formal defect on the face thereof
shall be taken immediately after the information
has been read over to the
accused person and not later.
(2)
Where, before a trial upon information or at any stage of such trial, it appears
to the court that the information is defective,
the court shall make such order
for the amendment of the information as the court thinks necessary to meet the
circumstances of the
case, unless, having regard to the merits of the case, the
required amendments cannot be made without injustice. All such amendments
shall
be made upon such terms as to the court shall seem
just.
(3) Where an information is
so amended, a note of the order for amendment shall be endorsed on the
information, and the information
shall be treated for the purposes of all
proceedings in connexion therewith as having been filed in the amended
form.
(4) Where, before a trial
upon information or at any stage of such trial, the court is of opinion that the
accused may be prejudiced
or embarrassed in his defence by reason of being
charged with more than one offence in the same information, or that for any
other
reason it is desirable to direct that the accused should be tried
separately for any one or more offences charged in an information,
the court may
order a separate trial of any count or counts of such
information.
(5) Where, before a
trial upon information or at any stage of such trial, the court is of opinion
that the postponement of the trial
of the accused is expedient as a consequence
of the exercise of any power of the court under this Code, the court shall make
such
order as to the postponement of the trial as appears
necessary.
(6) Where an order of
the court is made under this section for a separate trial or for postponement of
a trial-
(a) if such order is made during a trial the court may order that the assessors are to be discharged from giving opinions on the count or counts the trial of which is postponed, or on the information, as the case may be; and
(Substituted by 35 of 1961, s. 19.)
(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate information, and the procedure on the postponed trial shall be the same in all respects (provided that the assessors, if any, have been discharged) as if the trial had not commenced; and
(c) the court may make such order as to admitting the accused to bail, and as to the enlargement of recognizances and otherwise as the court thinks fit.
(7)
Any power of the court under this section shall be in addition to and not in
derogation of any other power of the court for the
same or similar
purposes.
Quashing of information
275.
If any information does not state, and cannot by any amendment authorised by
section
274
be made to state, any offence of which the accused has had notice, it shall be
quashed either on a motion made before the accused
pleads or on a motion made in
arrest of judgment.
A written
statement of every such motion shall be delivered to the Chief Registrar or
other officer of the court by or on behalf of
the accused and shall be entered
upon the record.
Procedure in case of previous convictions
276.
Where an information contains a count charging an accused person with having
been previously convicted of any offence, the procedure
shall be as
follows:-
(a) the part of the information stating the previous conviction shall not be read out in court, nor shall the accused be asked whether he has been previously convicted as alleged in the information, unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the information;
(c) if he answers that he has been so previously convicted, the judge may proceed to pass sentence on him accordingly; but if he denies that he has been so previously convicted, or refuses to or does not answer such question, the court and the assessors shall then hear evidence concerning such previous conviction:
(Substituted by 35 of 1961, s. 20.)
Provided,
however, that if upon the trial of any person for any such subsequent offence
such person shall give evidence of his own
good character, it shall be lawful
for the barrister and solicitor for the prosecution, in answer thereto, to give
evidence of the
conviction of such person for the previous offence or offences
before a verdict is returned, and the court and assessors, shall inquire
concerning such previous conviction or convictions at the same time that they
inquire concerning such subsequent
offence.
(Amended
by 35 of 1961, s. 20.)
Plea of "not guilty"
277.
Every accused person, upon being arraigned upon any information, by pleading
generally thereto the plea of "not guilty" shall, without
further form, be
deemed to have put himself upon the country for trial.
Plea of guilty to other offence
278.
Where a prisoner is arraigned on an information for any offence, and can
lawfully be convicted on such information of some other
offence not charged in
such information, he may plead not guilty of the offence charged in the
information, but guilty of such other
offence.
(Inserted
by 13 of 1969 s.35.)
Plea of autrefois acquit and autrefois convict
279.
Any accused person against whom an information is filed may
plead-
(a) that he has been previously convicted or acquitted, as the case may be, of the same offence; or
(b) that he has obtained the Queen's pardon for his offence.
If
either of such pleas are pleaded in any case and denied to be true in fact, the
court shall try whether such plea is true in fact
or
not.
If the court holds that the
facts alleged by the accused do not prove the plea, or if it finds that it is
false in fact, the accused
shall be required to plead to the
information.
Refusal to plead
280.
If any accused person being arraigned upon any information stands mute of
malice, or neither will, nor by reason of infirmity can,
answer directly to the
information, the court, if it thinks fit, shall order the Chief Registrar or
other officer of the court to
enter a plea of "not guilty" on behalf of such
accused person, and the plea so entered shall have the same force and effect as
if
such accused person had actually pleaded the same; or else the court shall
thereupon proceed to try whether the accused person be
of sound or unsound mind,
and, if he shall be found of sound mind, shall proceed with the trial, and if he
shall be found of unsound
mind, and consequently incapable of making his
defence, shall order the trial to be postponed and the accused person to be kept
meanwhile
in safe custody in such place and manner as the court thinks fit, and
shall report the case for the order of the
Governor-General.
The
Governor-General may order such accused person to be confined in a mental
hospital, prison, or other suitable place for safe custody.
Plea of "guilty"
281.
If the accused pleads "guilty" the plea shall be recorded and he may be
convicted thereon.
Proceedings after plea of "not guilty"
282.
If the accused pleads "not guilty", or if a plea of "not guilty" is entered in
accordance with the provisions of section
273
or
280,
the court shall proceed to choose assessors, as hereinafter directed, and to try
the case:
Provided that, subject
to the right of objection hereinafter mentioned, the same assessors may aid in
the trial of as many accused
persons successively as the court thinks
fit.
(Amended by
35 of 1961, s. 21.)
Power to postpone or adjourn proceedings
283.
If, from the absence of witnesses or any other reasonable cause to be recorded
in the proceedings, the court considers it necessary
or advisable to postpone
the commencement of or to adjourn any trial, the court may from time to time
postpone or adjourn the same
on such terms as it thinks fit for such time as it
considers reasonable, and may by warrant remand the accused to some prison or
other place of security.
During a
remand the court may at any time order the accused to be brought before
it.
The court may on a remand
admit the accused to bail.
ASSESSORS
Selection of assessors
284.-(1)
In each trial the court shall select two or more, and in capital cases not less
than four, persons from the list of those summoned
to serve as assessors at the
sessions.
(2) The court before
which a case is or may be heard may, in its discretion on an application made by
or on behalf of the prosecution
or the accused, or at its own instance, make an
order that the assessors shall consist of men only or of women only as the case
may
require or may, on an application made by a woman to be exempted from
service as an assessor in respect of any case by reason of
the nature of the
evidence to be given, grant such
exemption.
(Inserted
by 35 of 1961, s. 24.)
Absence of an assessor
285.
If, at any time before the finding, any assessor is from any sufficient cause
prevented from attending throughout the trial, or absents
himself, and it is not
practicable immediately to enforce his attendance, the trial shall proceed with
the aid of the other
assessors:
Provided that the
proceedings shall be stayed and a new trial shall be held with the aid of fresh
assessors unless at least two, and
in capital cases at least four, assessors
remain in attendance after an assessor has absented himself or been prevented
from attending
or has for any reason been discharged by the
court.
(Amended by
13 of 1969, s. 36.)
Assessors to attend at adjourned sittings
286.
If the trial is adjourned, the assessors shall be required to attend at the
adjourned sitting, and at any subsequent sitting until
the conclusion of the
trial.
CASE FOR THE PROSECUTION
Opening of case for prosecution
287.
When the assessors have been chosen and sworn, the barrister and solicitor for
the prosecution shall open the case against the accused
person, and shall call
witnesses and adduce evidence in support of the
charge.
(Amended
by 35 of 1961, s. 26.)
Additional witnesses for prosecution
288.
No witness who has not given evidence at the preliminary inquiry shall be called
by the prosecution at any trial, unless the accused
person has received
reasonable notice in writing of the intention to call such
witness.
The notice must state the
witness's name and address and the substance of the evidence which he intends to
give. The court shall determine
what notice is reasonable, regard being had to
the time when and the circumstances under which the prosecution became
acquainted
with the nature of the witness's evidence and determined to call him
as a witness:
Provided that when
the plan of a surveyor or the report of a medical officer or other witness has
been put in during the proceedings
at the preliminary inquiry, and the surveyor,
medical officer or other witness himself is called at the Supreme Court trial,
notice
of the evidence of such surveyor, medical officer or other witness shall
not be required to be given to the accused person.
Cross-examination of witnesses for the prosecution
289.
The witnesses called for the prosecution shall be subject to cross-examination
by the accused person or his barrister and solicitor,
and to re-examination by
the barrister and solicitor for the prosecution.
Depositions may be read as evidence in certain cases
290.
Where any person has been committed for trial for any offence, the deposition of
any person taken before the committing magistrates'
court may, if the conditions
hereinafter set out are satisfied, without further proof be read as evidence on
the trial of that person,
whether for that offence or for any other offence
arising out of the same transaction, or set of circumstances, as that
offence.
The conditions
hereinbefore referred to are the following:-
(a) the deposition must be the deposition either of a witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 239, or of a witness who is proved at the trial by oath of a creditable witness to be absent from Fiji or dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement of the accused or on his behalf, or to be unable to attend for any other sufficient cause;
(b) the deposition must purport to be signed by the magistrate before whom it purports to have been taken:
Provided
that the provisions of this section shall not have effect in any case in which
it is proved-
(i) that the deposition was not in fact signed by the magistrate by whom it purports to have been signed; or
(ii) where the deposition is that of a witness whose attendance at the trial is stated to be unnecessary as aforesaid, that the witness has been duly notified that he is required to attend the trial.
Deposition of medical witness may be read as evidence
291.
The deposition of a Government analyst or of a medical practitioner, taken and
attested by a magistrate in the presence of the accused
person, may, with the
consent of the accused person or his barrister and solicitor, be read as
evidence although the deponent is
not called as a
witness:
Provided that the court
may, if it thinks fit, summon and examine such deponent as to the subject-matter
of his
deposition.
(Amended
by 27 of 1953, s. 3, and 4 of 1955, s. 6.)
Statement of accused
292.
The statement or evidence (if any) of the accused person duly recorded by or
before the committing magistrate, and whether signed
by the accused person or
not, may be given in evidence without further proof thereof, unless it is proved
that the magistrate purporting
to sign the statement or evidence did not in fact
sign it.
Close of case for prosecution
293.-(1)
When the evidence of the witnesses for the prosecution has been concluded, and
the statement or evidence (if any) of the accused
person before the committing
court has been given in evidence, the court, if it considers that there is no
evidence that the accused
or any one of several accused committed the offence,
shall, after hearing, if necessary, any arguments which the barrister and
solicitor
for the prosecution or the defence may desire to submit, record a
finding of not
guilty.
(Amended
by 35 of 1961, s. 27.)
(2) When
the evidence of the witnesses for the prosecution has been concluded, and the
statement or evidence (if any) of the accused
person before the committing court
has been given in evidence, the court, if it considers that there is evidence
that the accused
person or any one or more of several accused persons, committed
the offence, shall inform each such accused person of his right to
address the
court, either personally or by his barrister and solicitor (if any), to give
evidence on his own behalf, or to make an
unsworn statement, and to call
witnesses in his defence, and in all cases shall require him or his barrister
and solicitor (if any),
to state whether it is intended to call any witnesses as
to fact other than the accused person himself. Upon being informed thereof,
the
judge shall record the same. If such accused person says that he does not mean
to give evidence or make an unsworn statement,
or to adduce evidence, then the
barrister and solicitor for the prosecution may sum up the case against such
accused person. If such
accused person says that he means to give evidence or
make an unsworn statement, or to adduce evidence, the court shall call upon
such
accused person to enter upon his defence.
CASE FOR THE DEFENCE
The defence
294.
The accused person or his barrister and solicitor may then open his case,
stating the facts or law on which he intends to rely, and
making such comments
as he thinks necessary on the evidence for the prosecution. The accused person
may then give evidence on his
own behalf and he or his barrister and solicitor
may examine his witnesses (if any), and after their cross-examination and
re-examination
(if any) may sum up his case.
Additional witness for the defence
295.
The accused person shall be allowed to examine any witness not previously bound
over to give evidence at the trial if such witness
is in
attendance.
If he apprehends that
any such witness will not attend the trial voluntarily, he shall be entitled to
apply for the issue of process
to compel such witness's
attendance:
Provided that no
accused person shall be entitled to any adjournment to secure the attendance of
any witness unless he shows that
he could not by reasonable diligence have taken
earlier steps to obtain the presence of the witness.
Evidence in reply
296.
If the accused person adduces evidence in his defence introducing new matter
which the barrister and solicitor for the prosecution
could not have foreseen,
the court may allow the barrister and solicitor for the prosecution to adduce
evidence in reply to rebut
the said matter.
Prosecutor's reply
297.
If the accused person, or any of several accused persons, adduces any evidence,
the barrister and solicitor for the prosecution shall
subject to the previsions
of section 147
be entitled to reply.
Where accused adduces no evidence
298.
If the accused person says that he does not mean to give or adduce evidence and
the court considers that there is evidence that he
committed the offence, the
barrister and solicitor for the prosecution shall then, subject to the
provisions of section
147,
sum up the case against the accused
person and the court shall then call on the accused person personally or by his
barrister and
solicitor to address the court on his own behalf.
Delivery of opinions by assessors
299.-(1)
When the case on both sides is closed, the judge shall sum up and shall then
require each of the assessors to state his opinion
orally, and shall record such
opinion.
(Amended
by 35 of 1961, s. 31 and 16 of 1973, s.
12.)
(2) The judge shall then give
judgment, but in doing so shall not be bound to conform to the opinions of the
assessors:
Provided that,
notwithstanding the provisions of subsection (1) of section
155,
where the judge's summing up of the evidence under the provisions of subsection
(1) is on record, it shall not be necessary for
any judgment, other than the
decision of the court which shall be written down, to be given, nor for any such
judgment, if given,
to be written down or to follow any of the procedure laid
down in section
154
or to contain or include any of the matters prescribed by section
155,
except that, when the judge does not agree with the majority opinion of the
assessors, he shall give his reasons, which shall be
written down and be
pronounced in open court, for differing with such majority opinion and in every
such case the judge's summing
up and the decision of the court together with,
where appropriate, the judge's reasons for differing with the majority opinion
of
the assessors, shall collectively be deemed to be the judgment of the court
for the purposes of this subsection and of section
157.
(Proviso
inserted by 16 of 1973, s.
12.)
(3) If the accused person is
convicted, the judge shall pass sentence on him according to
law.
(4) Nothing in this section
shall be read as prohibiting the assessors, or any of them, from retiring to
consider their opinions if
they so wish, or, during any such retirement or at
any time during the trial, from consultation with one another.
PASSING SENTENCE
Calling upon the accused
300.
If the judge convicts the accused person, or if the accused person pleads
guilty, it shall be the duty of the Chief Registrar or
other officer of the
court to ask him whether he has anything to say why sentence should not be
passed upon him according to law,
but the omission so to ask him shall have no
effect on the validity of the
proceedings.
(Amended
by 35 of 1961, s. 33.)
Motion in arrest of judgment
301.-(1)
The accused person may, at any time before sentence, whether on his plea of
guilty or otherwise, move in arrest of judgment on
the ground that the
information does not, after any amendment which the court has made and had power
to make, state any offence which
the court has power to
try.
(2) The court may, in its
discretion, either hear and determine the matter during the same sitting, or
adjourn the hearing thereof
to a future time to be fixed for that
purpose.
(3) If the court decides
in favour of the accused he shall be discharged from that
information.
Sentence
302.
If no motion in arrest of judgment is made, or if the court decides against the
accused person upon such motion, the court may sentence
the accused person at
any time during the session.
Power to reserve decision on question raised at trial
303.
The court before which any person is tried for an offence may reserve the giving
of its final decision on questions raised at the
trial, and its decision
whenever given shall be considered as given at the time of trial.
Power to reserve decision on questions arising in the course of trial
304.
- (1) When any person has, in a trial
before the Supreme Court, been convicted of an offence, the judge may reserve
for further consideration
any question which has arisen in the course of the
trial, and the determination of which would affect the event of the
trial.
(2) If the judge reserves
any such question, the person convicted shall, pending the decision thereon, be
remanded to prison or, if
the judge thinks fit, be admitted to bail; and upon
such further consideration of the question so reserved the judge may affirm or
quash the conviction.
Objections cured by verdict
305.
No judgment shall be stayed or reserved on the ground of any objection, which if
stated after the information was read over to the
accused person, or during the
progress of the trial, might have been amended by the court, nor because of any
error committed in
summoning or swearing the assessors or any of them; nor
because any person who has served as an assessor was not qualified to sit
as an
assessor, nor because of any objection which might have been stated as a ground
of challenge of any of the assessors, nor for
any informality in swearing the
witnesses or any of them.
Evidence for arriving at proper sentence
306.
The court may, before passing sentence, receive such evidence as it thinks fit,
in order to inform itself as to the sentence proper
to be passed.
Consideration of other offence admitted by accused
307.
Upon a person being convicted of any offence the court may, if it thinks fit,
with his consent and the consent of the prosecutor
take into consideration in
deciding the sentence to be imposed on such person any other untried offence of
a like character which
the accused admits having
committed.
(Inserted
by 13 of 1969, s. 37.)
PART X-APPEALS FROM MAGISTRATES' COURTS
Appeals.
Appeal to Supreme Court
308.
- (1) Save as hereinafter provided, any
person who is dissatisfied with any judgment, sentence or order of a
magistrates' court in
any criminal cause or matter to which he is a party may
appeal to the Supreme Court against such judgment, sentence or
order:
Provided that no appeal
shall lie against an order of acquittal except by, or with the sanction in
writing of, the Director of Public
Prosecutions.
(2) Where any
sentence is passed or order made by a magistrate's court in respect of any
person who is not represented by a barrister
and solicitor he shall be informed
by the magistrate of his right of appeal at the time when sentence is passed or
the order
made.
(Substituted
by 13 of 1969, s. 38.)
(3) An
appeal to the Supreme Court may be on a matter of fact as well as on a matter of
law.
(4) For the purposes of this
Part the extent of a sentence shall be deemed to be a matter of
law.
(5) The Director of Public
Prosecutions shall be deemed to be a party to any criminal cause or matter in
which the proceedings were
instituted and carried on by a public
prosecutor.
(Subsections
(4) and (5) inserted by 11 of 1952, s. 2.)
Limitation of appeal on plea of guilty and in petty cases
309.
- (1) No appeal shall be allowed in the
case of an accused person who has pleaded guilty and has been convicted on such
plea by a
magistrates' court, except as to the extent or legality of the
sentence.
(2) Save with the leave
of the Supreme Court, no appeal shall be allowed in a case in which a
magistrates' court has passed a sentence
of a fine not exceeding ten dollars
only, notwithstanding that a sentence of imprisonment has been passed by such
court in default
of the payment of such fine, if no substantive sentence of
imprisonment has also been
passed.
(3) No conviction or
sentence, which would not otherwise be liable to appeal, shall be appealable
merely on the ground that the person
convicted is ordered to find security to
keep the
peace.
(Amended by
24 of 1950, s. 22.)
Appeal to be by way of petition
310.
- (1) Every appeal shall be in the form
of a petition in writing signed by the appellant or his barrister and solicitor
and shall
be presented to the magistrates' court from the decision of which the
appeal is lodged within twenty-eight days of the date of the
decision appealed
against:
Provided that the
magistrates' court or the Supreme Court may, at any time, for good cause,
enlarge the period of limitation prescribed
by this
section.
(2) For the purposes of
this section and without prejudice to its generality "good cause" shall be
deemed to include-
(a) a case where the barrister and solicitor engaged by the appellant was not present at the hearing before the magistrates' court and for that reason requires further time for the preparation of the petition;
(b) any case in which a question of law of unusual difficulty is involved;
(c) a case in which the sanction of the Director of Public Prosecutions is required by virtue of section 308;
(d) the inability of the appellant or his barrister and solicitor to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
(Section substituted by 11 of 1952, s. 3 and enacted by 27 of 1953, s. 4 and 18 of 1976, s. 11.)
Form and contents of petition
311.
- (1) Every petition shall contain in a
concise form the grounds upon which it is alleged that the magistrates' court
from the decision
of which the appeal is lodged has
erred.
(2) If the appellant is not
represented by a barrister and solicitor the petition may be prepared by or
under the directions of the
magistrates'
court.
(3) If the appellant is in
prison custody and is not represented by a barrister and solicitor the petition
may be prepared by the
officer in charge of the prison and forwarded by him to
the magistrate.
(4) Additional
grounds of appeal may be filed by leave of the Supreme Court at any time not
later than three days before the date
fixed for the hearing of the appeal in
accordance with section
314.
(5)
Where two or more persons have been jointly tried and convicted and their
interests do not conflict one petition of appeal may
be presented on behalf of
all of them:
Provided that in such
a case the Supreme Court may hear the appeals separately or together as seems
just.
(6) Except by leave of the
Supreme Court it shall not be lawful for the appellant on the hearing of the
appeal to allege or give evidence
on any ground of appeal not included in the
petition or in the additional grounds, if any, filed under subsection
(4).
(7) If the case is one which
requires the leave of the Supreme Court under section
309
the application for leave to appeal shall be endorsed on the
petition.
(8) For the purpose of
considering or preparing a petition of appeal a person entitled to appeal or his
barrister and solicitor or
an officer in charge of a prison shall be entitled to
peruse the original record of the proceedings at such time as the Chief
Registrar
or the magistrates' court may
allow.
(Section
substituted by 11 of 1952, s. 3 and amended by 27 of 1953, s. 5.)
Petition to be forwarded to the Supreme Court
312.
Upon receiving a petition of appeal the magistrate shall forthwith forward the
petition of appeal together with the record of the
proceedings to the Chief
Registrar of the Supreme Court.
(Substituted by 11 of
1952, s. 3.)
Summary dismissal of appeal
313.
- (1) When the Supreme Court has received
the petition of appeal and the record of proceedings a judge shall peruse the
same.
(2) Where an appeal is
brought on the grounds that the decision is unreasonable or cannot be supported
having regard to the evidence
or that the sentence is excessive and it appears
to the judge that the evidence is sufficient to support the conviction and that
there is no material in the circumstances of the case which could raise a
reasonable doubt whether the conviction was right or lead
him to the opinion
that the sentence ought to be reduced, the appeal may, without being set down
for hearing be summarily dismissed
by an order of the judge certifying that he
has perused the record and is satisfied that the appeal has been lodged without
any sufficient
ground of
complaint.
(3) Whenever an appeal
is summarily dismissed notice of such dismissal shall forthwith be given by the
Chief Registrar of the Supreme
Court to the appellant or his
advocate.
(Section
substituted by 11 of 1952, s. 3 and amended by 27 of 1953, s. 6.)
Notice of hearing
314.
If the Supreme Court does not dismiss the appeal summarily the Chief Registrar
shall-
(a) enter the appeal for hearing;
(b) serve a notice of hearing on the parties;
(c) supply the respondent with a copy pf the petition and a copy of the judgement or order appealed against;
(d) except when the appeal is against sentence only, supply the respondent with a copy of the proceedings;
(e) where additional grounds of appeal are filed by the appellant under the provisions of subsection (4) of section 311, serve notice on the respondent of such filing and supply the respondent with a copy of the document containing such additional grounds of appeal.
(Section substituted by 11 of 1952, s. 3 and amended by 27 of 1953, s. 7.)
Admission to bail or suspension of sentence pending appeal
315.
- (1) Where a convicted person presents
or declares his intention of presenting a petition of appeal the Supreme Court
or the court
which convicted such person may if in the circumstances of the case
it thinks fit, order that he be released on bail, with or without
sureties, or
if such person is not released on bail shall, at the request of such person,
order that the execution of the sentence
or order against which the appeal is
pending be suspended pending the determination of the appeal. If such order be
made before the
petition of appeal is presented and no petition is presented
within the time allowed the order for bail or suspension shall forthwith
be
cancelled.
(2) Where the appellant
is released on bail or the sentence is suspended, the time during which he is at
large after being so released
or during which the sentence has been suspended
shall be excluded in computing the term of any sentence to which he is for the
time
being subject.
(3) An
appellant whose sentence is suspended but who is not admitted to bail shall
during the period of such suspension be treated
in like manner as a prisoner
awaiting
trial.
(Substituted
by 27 of 1953, s. 8.)
Suspension of sentence of corporal punishment
316.
If a person sentenced to corporal punishment signs a statement that he does not
intend to appeal against his conviction or sentence,
his right to appeal shall
be deemed to have been abandoned and shall, notwithstanding the provisions of
any other written law thereupon
cease, and the sentence may, if duly confirmed
by the Supreme Court under section
34
of the Penal Code, be carried out forthwith, but otherwise shall be suspended
until the time for presenting an appeal under section
310
has elapsed, or if an appeal is lodged until the appeal has been finally
determined.
(Cap.
17)
(Substituted
by 11 of 1952, s. 3 and amended by 16 of 1973, s. 13.)
Costs
317.
- (1) The Supreme Court may make such
order as to the costs to be paid by either party to an appeal as may seem
just.
(2) Such costs shall be
recoverable in the manner provided by section
36
of the Penal
Code.
(Substituted
by 11 of 1952, s.
3.)
(Cap.
17)
Discontinuance of appeal
318.
- (1) An appellant may by giving notice
in writing to the Chief Registrar discontinue his appeal at any time before the
date of hearing
and, upon such discontinuance and without prejudice to the power
of the Supreme Court to make an order for costs, no further steps
shall be taken
in the appeal, and the magistrates' court may proceed to enforce the decision
appealed from.
(2) The Chief
Registrar shall send to the respondent a copy of the notice of
discontinuance.
(Substituted
by 11 of 1952, s. 3.)
Powers of Supreme Court
319.
- (1) At the hearing of an appeal, the
Supreme Court shall hear the appellant or his barrister and solicitor, if he
appears, and the
respondent or his barrister and solicitor, if he appears, and
the Director of Public Prosecutions or his representative, if he appears,
and
the Supreme Court may thereupon confirm, reverse or vary the decision of the
magistrate's court, or may remit the matter with
the opinion of the Supreme
Court thereon to the magistrate's court, or may order a new trial, or may order
trial by a court of competent
jurisdiction, or may make such other order in the
matter as to it may seem just, and may by such order exercise any power which
the
magistrate's court might have
exercised:
Provided
that-
(a) the Supreme Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred;
(b) the Supreme Court shall not order a new trial in any appeal against an order of acquittal.
(2)
At the hearing of an appeal whether against conviction or against sentence, the
Supreme Court may, if it thinks that a different
sentence should have been
passed, quash the sentence passed by the magistrate's court and pass such other
sentence warranted in law,
whether more or less severe, in substitution therefor
as it thinks ought to have been
passed.
(Section
substituted by 13 of 1969, s. 39.)
Further evidence
320.
- (1) In dealing with an appeal from a
magistrates' court the Supreme Court, if it thinks additional evidence is
necessary, may either
take such evidence itself or direct it to be taken by a
magistrates' court.
(2) When the
additional evidence is taken by a magistrates' court, such court shall certify
such evidence to the Supreme Court, which
shall thereupon proceed to dispose of
the appeal.
(3) Evidence taken in
pursuance of this section shall be taken as if it were evidence taken at a trial
before a magistrates' court.
Order of the Supreme Court to be certified to lower court
321.
- (1) When a case is decided on appeal by
the Supreme Court, it shall certify its judgment or order to the court by which
the judgment,
sentence or order appealed against was recorded or
passed.
(2) The court to which the
Supreme Court certifies its judgment or order shall thereupon make such orders
as are conformable to the
judgment or order of the Supreme Court, and shall take
such steps as may be necessary to enforce such judgment or order.
Right of appellant to be present
322.
An appellant, notwithstanding that he is in custody, shall be entitled to be
present, if he desires it, at the hearing of the appeal.
Revision
Power of Supreme Court to call for records
323.
The Supreme Court may call for and examine the record of any criminal
proceedings before any magistrates' court for the purpose of
satisfying itself
as to the correctness, legality or propriety of any finding, sentence or order
recorded or passed, and as to the
regularity of any proceedings of any such
magistrates' court.
Power
of magistrates to call for records of inferior
courts
and to
report to the Supreme Court
324.
- (1) Any magistrate may call for and
examine the record of any criminal proceedings before a court of a class
inferior to the court
which he is empowered to hold, and situate within the
local limits of his jurisdiction, for the purpose of satisfying himself as
to
the correctness, legality or propriety of any finding, sentence or order
recorded or passed, and as to the regularity of any proceedings
of such inferior
magistrates' court.
(2) If any
magistrate acting under subsection (1) considers that any finding, sentence or
order of such inferior magistrates' court
is illegal or improper, or that any
such proceedings are irregular, he shall forward the record, with such remarks
thereon as he
thinks fit, to the Supreme Court.
Powers of Supreme Court on revision
325.
- (1) In the case of any proceedings in a
magistrates' court the record of which has been called for or which has been
reported for
orders, or which otherwise comes to its knowledge, the Supreme
Court may-
(a) in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by sections 319 and 320 and may enhance the sentence;
(b) in the case of, any other order other than an order of acquittal, alter or reverse such order.
(2)
No order under this section shall be made to the prejudice of an accused person
unless he has had an opportunity of being heard
either personally or by a
barrister and solicitor in his own
defence.
(3) The Supreme Court
shall not inflict a greater punishment for the offence, which in the opinion of
the Supreme Court the accused
has committed, than might have been inflicted by
the court which imposed the
sentence.
(4) Nothing in this
section shall be deemed to authorise the Supreme Court to convert a finding of
acquittal into one of
conviction.
(5) Where an appeal
lies from any finding, sentence or order, and no appeal is brought, no
proceeding by way of revision shall be
entertained at the instance of the party
who could have appealed.
Discretion of court as to hearing parties
326.
No party has any right to be heard either personally or by barrister and
solicitor before the Supreme Court when exercising its powers
of
revision:
Provided that such court
may, if it thinks fit, when exercising such powers, hear any party either
personally or by barrister and
solicitor, and that nothing in this section shall
be deemed to affect subsection (2) of section
325.
Number of judges in revision
327.
All proceedings before the Supreme Court in the exercise of its revisional
jurisdiction may be heard and any judgment or order thereon
may be made or
passed by one judge:
Provided that
when such court is composed of more than one judge and the court is equally
divided in opinion, the sentence or order
of the magistrates' court shall be
upheld.
Supreme Court order to be certified to lower court
328.
When a case is revised by the Supreme Court it shall certify its decision or
order to the court by which the sentence or order so
revised was recorded or
passed, and the court to which the decision or order is so certified shall
thereupon make such orders as
are conformable to the decision so certified, and
shall take such steps as may be necessary to enforce such decision or
order.
Case Stated
Case stated by magistrates' court
329.
- (1) After the hearing and determination
by any magistrates' court of any summons, charge or complaint, either party to
the proceedings
before the said magistrates' court may, if dissatisfied with the
said determination as being erroneous in point of law, or as being
in excess of
jurisdiction, apply in writing within one month from the date of the said
determination, including the day of such date,
to the said magistrates' court to
state and sign a special case setting forth the facts and the grounds of such
determination for
the opinion thereon of the Supreme
Court.
(2) Upon receiving any such
application the magistrate shall forthwith draw up the special case and transmit
the same to the Chief
Registrar of the Supreme Court together with a certified
copy of the conviction, order or judgment appealed from and all documents
alluded to in the special case and the provisions of section
315
shall thereupon
apply.
(Amended by
4 of 1955, s. 7.)
Appellant entitled to copy of stated case
330.
The appellant shall be entitled upon payment of such fee as may be determined by
the Chief Justice to obtain from the Chief Registrar
of the Supreme Court a copy
of the stated
case:
(Amended by
13 of 1969 s. 40.)
Provided that
no charge shall be made for a copy of the stated case supplied to the Director
of Public Prosecutions under this section.
Notice of time and place of hearing
331.
Upon receipt of the stated case the Chief Registrar of the Supreme Court shall
set down the case for hearing and shall cause notice
to be given to the
appellant or his barrister and solicitor, and to the respondent or his barrister
and solicitor, of the time and
place at which such appeal will be heard, and
shall furnish the respondent or his barrister and solicitor with a copy of the
stated
case.
Magistrate may refuse case when he thinks application frivolous
332.
If the magistrate be of opinion that the application is merely frivolous, but
not otherwise, he may refuse to state a case, and shall,
on the request of the
appellant, sign and deliver to him a certificate of such
refusal:
Provided that the
magistrate shall not refuse to state a case when the application for that
purpose is made to him by or under the
direction of the Director of Public
Prosecutions who may require a case to be stated with reference to proceedings
to which he was
not a party.
Procedure on refusal of magistrate to state case
333.
When a magistrate has refused to state a case as aforesaid it shall be lawful
for the appellant to apply to the Supreme Court within
one month of such
refusal, upon an affidavit of the facts, for a rule calling upon such magistrate
and also upon the respondent to
show cause why such case should not be stated,
and the Supreme Court may make the same absolute or discharge it, with or
without
payment of costs, as to the court shall seem fit, and the magistrate,
upon being served with such rule absolute, shall state a case
accordingly, upon
the appellant entering into such recognizance as is hereinbefore
provided.
Supreme Court to determine the questions on the case; its decision to be final
334.
- (1) The Supreme Court shall (subject to
the provisions of section
335)
hear and determine the question or questions of law arising on the case stated,
and shell thereupon reverse, affirm or amend the
determination in respect of
which the case has been stated, or remit the matter to the magistrates' court
with the opinion of the
Supreme Court thereon, or may make such other order in
relation to the matter, and may make such order as to costs, as to the court
may
seem fit, and all such orders shall be final and conclusive on all
parties:
Provided always that no
magistrate who shall state and deliver a case in pursuance of this Part or
bona fide
refuse to state one shall be liable to
any costs in respect or by reason of such appeal against his determination or
refusal.
(2) Any costs awarded
under this section shall be recoverable in the manner provided by section
36
of the Penal
Code.
(Amended by
4 of 1955, s.
9.)
(Cap.
17)
Case may be sent back for amendment or rehearing
335.
The Supreme Court shall have power, if it thinks fit-
(a) to cause the case to be sent back for amendment or restatement, and thereupon the same shall be amended or restated accordingly, and judgment shall be delivered after it has been so amended or restated;
(b) to remit the case to the magistrates' court for rehearing and determination with such directions as it may deem necessary.
Orders of the Supreme Court to be certified to lower court
336.
- (1) When a stated case is decided by
the Supreme Court it shall certify its judgment or order to the court in
relation to whose
determination the case has been
stated.
(2) The court to which the
Supreme Court certifies its judgment or order shall thereupon make such orders
as are conformable to the
judgment or order of the Supreme Court, and shall take
such steps as may be necessary to comply with or enforce such judgment or
order.
Appellant may not proceed both by case stated and by appeal
337.
No person who has appealed under section
308
shall be entitled to have a case stated, and no person who has applied to have a
case stated shall be entitled to appeal under section
308.
Contents of case stated
338.
A case stated by a magistrate shall set out-
(a) the charge, summons, information or complaint;
(b) the facts found by the magistrates' court to be admitted or proved, or where the question or one of the questions on which the opinion of the Supreme Court is sought is whether there was evidence on which the magistrates' court could come to its decision, a sufficient statement of the evidence;
(c) any submission of law made by or on behalf of the complainant during the trial or inquiry;
(d) any submission of law made by or on behalf of the accused during the trial or inquiry;
(e) the finding and, in the case of conviction, the sentence of the magistrates' court;
(f) any question or questions of law which the magistrate or any of the parties may desire to be submitted for the opinion of the Supreme Court;
(g) any question of law which the Director of Public Prosecutions may require to be submitted for the opinion of the Supreme Court.
Constitution of court hearing case stated
339.
A case stated for the opinion of the Supreme Court shall be heard by one judge
unless the Chief Justice shall otherwise direct.
Supreme Court may enlarge time
340.
The Supreme Court may, if it deems fit, enlarge any period of time prescribed by
sections
329
or
333.
PART XI-SUPPLEMENTARY PROVISIONS
IRREGULAR PROCEEDINGS
Proceedings in wrong place
341.
No finding, sentence or order of any criminal court shall be set aside merely on
the ground that the inquiry, trial or other proceeding,
in the course of which
it was arrived at or passed, took place in a wrong district or other local area,
unless it appears that such
error has in fact occasioned a failure of
justice.
No appeal on point of form or matter of variance
342.
No finding, sentence or order passed by a magistrates' court of competent
jurisdiction shall be reserved or altered on appeal or
revision on account of
any objection to any information, complaint, summons or warrant for any alleged
defect therein in matter of
substance or form or for any variance between such
information, complaint, summons or warrant and the evidence adduced in support
thereof, unless it be found that such objection was raised before the
magistrates' court whose decision is appealed from, nor unless
it be found that,
notwithstanding it was shown to the magistrates' court that by such variance the
appellant had been deceived or
misled, such magistrates' court refused to
adjourn the hearing of the case to a future
day:
Provided that if the
appellant was not at the hearing before the magistrates' court represented by a
barrister and solicitor, the
Supreme Court may allow any such objection to be
raised.
DIRECTIONS IN THE NATURE OF HABEAS CORPUS AND WRITS
Power to issue directions of the nature of habeas corpus
343. -
(1) The Supreme Court may whenever it
thinks fit direct-
(a) that any person within the limits of Fiji be brought up before the court to be dealt with according to law;
(b) that any person illegally or improperly detained in public or private custody within such limits be set at liberty;
(c) that any prisoner detained in any prison situate within such limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in such court;
(d) that any prisoner detained as aforesaid be brought before a court-martial or any commissioners acting under the authority of any commission from the Governor-General for trial or to be examined touching any matter pending before such court-martial or commissioners respectively;
(e) that any prisoner within such limits be removed from one custody to another for the purpose of trial; and
(f) that the body of a defendant within such limits be brought in on a return of cepi corpus to writ of attachment.
(2)
The Chief Justice may from time to time frame rules to regulate the procedure in
cases under this section.
Power of the Supreme Court to issue writs
344.
- (1) The Supreme Court may in the
exercise of its criminal jurisdiction issue any writ which may be issued by the
High Court of Judicature
in
England.
(2) The Chief Justice may
from time to time frame rules to regulate the procedure in cases under this
section.
MISCELLANEOUS
Persons before whom affidavits may be worn
345.
Affidavits and affirmations to be used before the Supreme Court may be sworn and
affirmed before a judge of the Supreme Court or
any magistrate or the Chief
Registrar or Deputy Registrar of the Supreme Court or any commissioner for
oaths.
Shorthand notes and typewritten records of proceedings
346.
Shorthand notes may be taken of the proceedings at the trial of any person
before the Supreme Court, or such proceedings may be recorded
by means of a
typewriter in court, and a transcript of such shorthand notes shall be made if
the court so directs. Such transcript
of shorthand notes or typewritten record
shall for all purposes be deemed to be the official record of the proceedings of
such trial:
Provided
that-
(a) where the trial judge has taken a verbatim note of any part of such proceedings, and such note conflicts with or is not included in the transcript or typewritten record, the judge's note shall to that extent be deemed to be the official record; and
(b) when the trial judge has taken a note other than a verbatim note and there is any material conflict between such note and the transcript or typewritten record, the judge's note shall prevail in respect of the matter as to which there is such conflict.
(Substituted by 37 of 1959, s. 8.)
Copies of proceedings
347.
If any person affected by any judgment or
order passed in any proceedings under this Code desires to have a copy of the
judgment or
order or any deposition or other part of the record, he shall on
applying for such copy be furnished therewith provided he pays for
the same,
unless the court for some special reason thinks fit to furnish it free of
cost.
Forms
348.
Such forms as the Chief Justice may from time to time prescribe by rules, with
such variation as the circumstances of each case may
require, may be used for
the respective purposes therein mentioned, and if used shall be sufficient. In
the absence of such rules
the forms in use at the commencement of this Code may
continue to be used until other provision is made by such rules.
Expenses of assessors, witnesses, etc.
349.
Subject to any rules which may be made by the Chief Justice, any court may order
payment on the part of the Government of the reasonable
expenses of any
assessor, complainant or witness attending before such court for the purposes of
any inquiry, trial or other proceeding
under this
Code.
(Amended by
35 of 1961, s. 35.)
Application of Code to Rotuma
350.
This Code shall, in its application to Rotuma, be subject to the provisions of
the Rotuma
Act.
(Cap.
122)
______________
FIRST SCHEDULE
(Section 2)
(Substituted
by 11 of 1974 s.
7.)
_______________
OFFENCES UNDER THE PENAL CODE
Explanatory
Note.-The entries in the second and
fourth columns of this Schedule, headed respectively "Offence" and "Punishment
under the Penal Code", are not intended as definitions of the offences and
punishments described in the several corresponding sections of the Penal Code or
even as abstracts of those sections, but merely as references to the subject of
the section, the number of which is given in the
first column.
|
1
|
2
|
3
|
4
|
5
|
|
Section
|
Offence
|
Whether
the police may arrest without warrant or not
|
*Punishment
under the Penal Code
|
Court
by which or class of magistrate by whose court an offence is terrible, in
addition to the Supreme Court
|
|
21
|
Aiding abetting, counselling
or procuring the commission of an offence
|
May arrest without warrant
if arrest for the offence aided, abetted, counselled or procured may be made
without warrant but not otherwise
|
Same punishment as for the
offence aided, abetted, counselled or procured.
|
Any court by which the
offence aided, abetted, counselled or procured would be triable.
|
DIVISION I - OFFENCE AGAINST PUBLIC ORDER
CHAPTER
VII - TREASON AND OTHER OFFENCES
AGAINST
THE SOVEREIGN'S
AUTHORITY
|
50
|
Treason.
|
May arrest without
warrant.
|
Death.
|
|
|
51
|
Instigating foreign
invasion.
|
ditto |
ditto |
|
|
52
|
Misprision of
treason.
|
ditto |
Imprisonment for
life.
|
|
|
53
|
Treasonable
felony.
|
ditto |
ditto |
|
|
55
|
Inciting to
mutiny.
|
ditto |
ditto |
|
|
56
|
Aiding in acts of
mutiny.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
57
|
Inducing
desertion.
|
ditto |
Imprisonment for six
months.
|
Any court.
|
|
58(a)
|
Aiding prisoner of war to
escape.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
|
|
(b)
|
Permitting prisoner of war
to escape.
|
Shall not arrest without
warrant.
|
Prisoner for two
years.
|
Resident or second class
magistrate.
|
|
62(1)
|
Importing, etc., publication
the importation of which is prohibited.
|
May arrest without
warrant.
|
Imprisonment for two years
and a fine of $200.
|
Resident or second class
magistrate.
|
|
(1)
|
Importing etc., publication
the Importation of which is prohibited (after previous conviction).
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
(2)
|
Possession of publication
the importation of which is prohibited.
|
May arrest without
warrant.
|
Imprisonment for one year
and a fine of $100.
|
Resident or second class
magistrate.
|
|
(2)
|
Possession of publication
the importation is prohibited (after previous conviction).
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
63
|
Failure to deliver
publication the importation of which is prohibited to police
station.
|
ditto
|
Imprisonment for two years
or a fine of $200.
|
With the consent of the
accused, resident or second class magistrate.
|
|
66(1)
|
Sedition.
|
ditto
|
Imprisonment for two years
and a fine of $200.
|
With the consent of the
accused, resident or second class magistrate.
|
|
(1)
|
Sedition (after previous
conviction).
|
ditto
|
Imprisonment for three
years.
|
With the consent of the
accused, resident magistrate..
|
|
(2)
|
Possession of seditious
publication.
|
ditto
|
Imprisonment for one year
and a fine of $100.
|
Resident or second class
magistrate.
|
|
(2)
|
Possession of seditious
publication (after previous conviction).
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
67
|
Publishing, etc., prohibited
newspaper.
|
Shall not arrest without
warrant.
|
Imprisonment for six months
and a fine of $200.
|
Any court.
|
|
68
|
Failure to deliver
prohibited publication to police officer.
|
May arrest without
warrant.
|
Imprisonment for one year
and a fine of $200.
|
Resident or second class
magistrate.
|
CHAPTER VIII - GENOCIDE
|
69
(2)
|
Genocide.
|
May arrest without
warrant.
|
(a)
Death.
(b)Imprisonment for fourteen years. |
|
CHAPTER IX - OFFENCES
AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY
|
70
|
Defamation of foreign
princes.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
71
|
Foreign
enlistment.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
72
|
Piracy.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
|
|
73
|
Hijacking.
|
ditto
|
ditto
|
|
|
76
|
Aircraft
sabotage.
|
ditto
|
ditto
|
|
CHAPTER IX - UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY
|
80
|
Managing unlawful
society.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
81
|
Being a member of unlawful
society.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
87
|
Unlawful
assembly.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
88
|
Riot.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
91
|
Rioting after
proclamation.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
92
|
Obstructing
proclamation.
|
ditto
|
Imprisonment for ten or five
years.
|
Resident
magistrate.
|
|
93
|
Rioters destroying
buildings, etc.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
94
|
Rioters damaging buildings,
etc.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
95
|
Riotously interfering with
railway, vehicle or vessel.
|
ditto
|
Imprisonment for two
years.
|
Resident or second
magistrate.
|
|
96
|
Carrying offensive
weapons.
|
ditto
|
ditto |
Resident or second
magistrate.
|
|
97
|
Manufacture, sale, etc., of
flick knives, sword sticks and knuckle dusters.
|
ditto
|
Imprisonment for six months
or fine of $100 or both.
|
Any court.
|
|
98
|
Going armed in
public.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
99
|
Forcible entry.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
100
|
Forcible
detainer.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
101
|
Committing
affray.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
102
|
Challenge to
duel.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
103
|
Threatening
violence.
|
May arrest without
warrant.
|
Imprisonment for three years
with or without corporal punishment.
|
Resident
magistrate.
|
|
104
|
Assembly for purpose of
smuggling.
|
ditto
|
Fine of $200 or imprisonment
for six months.
|
Any court.
|
|
105
|
Throwing of or projecting
objects, etc.
|
ditto
|
Imprisonment for three
years, with or without corporal punishment.
|
Resident
magistrate.
|
DIVISION
II - OFFENCES AGAINST THE
ADMINISTRATION
OF
LAWFUL AUTHORITY
CHAPTER XI - CORRUPTION AND ABUSE OF OFFICE
|
106
|
Official
corruption.
|
Shall not arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
107
|
Extortion by public
officers.
|
ditto
|
Imprisonment for three
years.
|
With the consent of the
accused, resident magistrate.
|
|
108
|
Receiving property to show
favour.
|
ditto
|
Imprisonment for six
months.
|
Any court.
|
|
109
|
Officer discharging duties
in respect of property in which he has a special interest.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
110
|
False claims by
officials.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
111
|
Abuse of
office.
|
ditto
|
ditto
|
Resident or second
magistrate.
|
|
|
If for purposes of
gain.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
112
|
False certificates by public
officers.
|
ditto
|
Imprisonment for two
years.
|
Resident or second
magistrate.
|
|
113
|
Unauthorised
administration
of oaths.
|
ditto
|
ditto
|
Resident or second
magistrate.
|
|
114
|
False assumption of
authority.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
115
|
Personating public
officers.
|
May arrest without
warrant.
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
116
|
Threats of injury to public
officers.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second
magistrate.
|
CHAPTER XII - PERJURY AND FALSE STATEMENTS AND DECLARATIONS
|
117(1)
|
Perjury.
|
Shall not arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
117(2)
|
Perjury (in course of
duty).
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
118
|
False statements on oath
other than perjury.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
119
|
False statements with
reference to marriage.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
120
|
False statements as to
births, and deaths.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
121
|
False statutory declarations
and other false statements not on oath.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
122
|
False declarations to obtain
registration for carrying on vocation.
|
Shall not arrest without
warrant.
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
123(1)
|
Subornation of
perjury.
|
ditto
|
Same punishment as for a
principal offender
|
Same court by which
principal offender is triable.
|
|
(2)
|
Inciting or attempting to
procure subornation of perjury.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
125
|
Fabricating
evidence.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
126
|
Making inconsistent
statements on oath.
|
ditto
|
Imprisonment for six
months.
|
Any court.
|
CHAPTER XIII - OTHER OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
|
129
|
Deceiving
witnesses.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
130
|
Destroying
evidence.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
131
|
Conspiracy to defeat justice
and interference with witnesses.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
132
|
Compounding
felonies.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
133
|
Compounding penal
actions.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
134
|
Advertising for stolen
property.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
135
|
Corruptly taking a
reward.
|
May
arrest without warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
136
|
Contempt of
court.
|
ditto
|
Imprisonment for three
months.
|
Any Court.
|
CHAPTER XIV - RESCUES AND ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW
|
137
|
Rescue-
|
May arrest
|
Imprisonment
|
With the consent of
|
|
|
|
(a)
(b) (c) |
if person rescued is under
sentence of death or charged with offence punishable with death or imprisonment
for life.
If person rescued is imprisoned on charge or under sentence for any other offence; In any other case. |
without
warrant.
ditto
ditto
|
for
life.
Imprisonment for seven years. Imprisonment for two years. |
the accused, resident
magistrate.
Resident magistrate. Resident or second class magistrate. |
|
138
|
Escape.
|
May arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
|
139
|
Aiding persons to
escaping.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
|
140
|
Removal, etc., of property
under lawful seizure.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
|
141
|
Obstructing court
officers.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
CHAPTER XV - MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY
|
142
|
Frauds and breaches of trust
by public officers.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
143
|
Giving false information to
public servants.
|
ditto
|
Imprisonment for twelve
months.
|
Resident or second class
magistrate.
|
|
144
|
Disobedience of lawful
orders.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
DIVISION III - OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL
CHAPTER XVI - OFFENCES RELATING TO RELIGION
|
145
|
Insult to religion of any
class.
|
May arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
146
|
Disturbing religious
assemblies.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
147
|
Trespass on burial
places.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
148
|
Uttering words with intend
to wound religious feelings.
|
Shall not arrest without
warrant.
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
CHAPTER XVII - OFFENCES AGAINST MORALITY
|
149
|
Rape.
|
May arrest without
warrant.
|
Imprisonment for life, with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
151
|
Attempted rape.
|
ditto
|
Imprisonment for seven
years, with or without corporal punishment.
|
Resident
magistrate.
|
|
152
|
Abduction.
|
ditto
|
ditto
|
Resident
magistrate.
|
|
153
|
Abduction of girl under
eighteen.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
154
(1)
|
Indecent assault on
females.
|
ditto
|
Imprisonment for five years,
with or without corporal punishment.
|
Resident
magistrate.
|
|
154
(4)
|
Indecently assaulting or
annoying females.
|
May arrest without
warrant.
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
155
(1)
|
Defilement of girl under
thirteen.
|
ditto
|
Imprisonment for life, with
or without corporal punishment.
|
Resident
magistrate.
|
|
(2)
|
Attempted defilement of girl
under thirteen.
|
ditto
|
Imprisonment for five years
with or without corporal punishment.
|
Resident
magistrate.
|
|
156
|
Defilement of girl under
sixteen and of imbecile.
|
ditto
|
ditto
|
Resident
magistrate.
|
|
157
|
Procuration.
|
ditto
|
Imprisonment for two years,
with or without corporal punishment.
|
Resident or second class
magistrate.
|
|
158
|
Procuring defilement of
woman by threats, fraud or drugs.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
159
|
Householder permitting
defilement of girl under thirteen.
|
ditto
|
Imprisonment for five years,
with or without corporal punishment.
|
Resident or second class
magistrate.
|
|
160
|
Householder permitting
defilement of girl under sixteen.
|
ditto
|
Imprisonment for two years,
with or without corporal punishment.
|
Resident or second class
magistrate.
|
|
161
|
Detention of female in
brothel or elsewhere.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
162
|
Selling minors for immoral
purposes.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
163
|
Buying minors for immoral
purposes.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
166
|
Male person living on
earning of prostitution or persistently
soliciting.
Male person living on earnings of prostitutions or persistently soliciting (after previous conviction). |
ditto
ditto |
Imprisonment for two
years.
Imprisonment for two years, with or without corporal punishment. |
Resident or second class
magistrate.
Resident or second class magistrate. |
|
167
|
Woman living on earnings of
prostitution or abetting prostitutes.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
168
|
Loitering or soliciting for
the purposes of
prostitution.
Loitering or soliciting for the purposes of prostitution (after previous conviction). |
ditto
ditto |
Fine of
$50.
Fine of $50 or imprisonment for three months. |
Any
court.
Any Court. |
|
170
|
Keeping a
brothel.
|
May
arrest without warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
171
|
Conspiracy to
defile.
|
ditto
|
Imprisonment for three
years, with or without corporal punishment.
|
Resident
magistrate.
|
|
172
|
Attempting to procure
abortion.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
173
|
Woman attempting to procure
her own abortion.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
174
|
Supplying drugs or
instruments to procure abortion.
|
ditto
|
Imprisonment for three
years.
|
With the consent of the
accused, resident magistrate.
|
|
175
|
Committing unnatural
offence.
|
ditto
|
Imprisonment for fourteen
years, with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
176
|
Attempting to commit
unnatural office of indecent assault upon a male person.
|
ditto
|
Imprisonment for seven year,
with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
177
|
Indecent practices between
males.
|
ditto
|
Imprisonment for five years,
with or without corporal punishment.
|
Resident
magistrate.
|
|
178
(1)
|
Incest by
males.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
If female person is under
age of thirteen years.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
(3)
|
Attempt to commit
incest.
|
ditto
|
Imprisonment for two
years.
|
Resident of second class
magistrate.
|
|
179
|
Incest by
females.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
CHAPTER XVII - OFFENCES RELATING TO MARRIAGE
|
184
|
Fraudulent pretence of
marriage.
|
May arrest without
warrant.
|
Imprisonment for ten
years.
|
Resident
magistrate.
|
|
185
|
Bigamy.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
186
|
Fraudulently going through
ceremony of marriage.
|
ditto
|
ditto
|
Resident
magistrate.
|
CHAPTER XIX - NUISANCES AND OTHER MISCELLANEOUS OFFENCES
|
187
|
Committing common
nuisance.
|
Shall not arrest without
warrant.
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
188
|
Traffic in absence
publications.
|
May arrest without
warrant.
|
Imprisonment for two years
or a fine of $200.
|
Resident or second class
magistrate.
|
|
189
|
Offences in connection with
street and house or house collection.
|
May arrest without warrant
for offences under subsections (3), (4), (5), and (8).
|
Fine of $100 and
imprisonment for six months.
|
Any court.
|
|
190
|
Using locomotive without
authority.
|
ditto
|
Fine of $10 or imprisonment
for two months.
|
Any court.
|
|
191
|
Inciting dog to
attack.
|
May arrest without
warrant.
|
Imprisonment for two months
or a fine of $20.
|
Any court.
|
|
192
(1)
|
Wearing uniform without
authority.
|
ditto
|
Imprisonment for one month
or a fine of $20.
|
Any court
|
|
(2)
|
Bring contempt of
uniform.
|
ditto
|
Imprisonment for three
months or a fine of $40.
|
Any court.
|
|
(3)
|
Importing or selling uniform
without authority.
|
ditto
|
Imprisonment for six months
or a fine of $200.
|
Any court.
|
|
193
|
Doing any act likely to
speed infection of dangerous disease.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
194
|
Adulteration of food or
drink intended for sale.
|
Shall not arrest without
warrant.
|
ditto
|
Resident or second class
magistrate.
|
|
195
|
Selling or offering or
exposing for sale noxious food or drink.
|
ditto
|
ditto
|
Resident or second
magistrate.
|
|
196
|
Making the atmosphere
noxious to health.
|
ditto
|
ditto
|
Resident or second
magistrate.
|
|
197
(1)
|
Criminal
trespass.
|
May arrest without
warrant.
|
Imprisonment for three
months.
|
Any court.
|
|
(1)
|
Criminal trespass (if
property upon which offence committed is human dwelling, etc.).
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
(2)
|
Entering dwelling-house,
etc., by night.
|
ditto
|
Imprisonment for one
years.
|
Resident or second class
magistrate.
|
DIVISION IV - OFFENCES AGAINST THE PERSON
CHAPTER XX - MURDER AND MANSLAUGHTER
|
198
|
Manslaughter.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
|
|
199
|
Murder.
|
ditto
|
Death.
|
|
|
205
|
Infanticide.
|
ditto
|
Imprisonment for
life.
|
|
CHAPTER XXII - OFFENCES CONNECTED WITH MURDER AND SUICIDE
|
214
|
Attempted
murder.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
|
|
215
|
Attempted murder by
convict.
|
ditto
|
Imprisonment for life, with
or without corporal punishment.
|
|
|
216
|
Being accessory after the
fact to murder.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
217
|
Conspiracy to
murder.
|
ditto
|
Imprisonment for thirteen
years.
|
|
|
219
|
Complicity in another's
suicide.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
220
|
Concealing the birth of a
child.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
221.
|
Killing unborn
child.
|
ditto
|
Imprisonment for
life.
|
|
CHAPTER XXIII - OFFENCES ENDANGERING LIFE AND HEALTH
|
222
|
Disabling with intend to
commit a crime.
|
May arrest without
warrant.
|
Imprisonment for life, with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
223
|
Stupefying with intend to
commit a crime.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
224
|
Acts intent to cause
grievous harm or prevent arrest.
|
ditto
|
Imprisonment for life with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
225.
|
Preventing escape from
wreck.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
226
|
Intentionally endangering
safety persons travelling by railway.
|
ditto
|
Imprisonment for life with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
227
|
Doing grievous
harm.
|
ditto
|
Imprisonment for seven
years, with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
228
|
Attempting to injure by
explosive substance.
|
ditto
|
Imprisonment for fourteen
years, with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
229
|
Administering poison with
intend to harm.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
230
|
Unlawful
wounding.
|
ditto
|
Imprisonment for three
years, with or without corporal punishment.
|
Resident or second class
magistrate.
|
|
231
|
Unlawful
poisoning.
|
ditto
|
Imprisonment for three
years, with or without corporal punishment.
|
Resident
magistrate.
|
|
232
|
Witch craft and
sorcery.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
233
|
Failing to provide
necessaries of life.
|
ditto
|
Imprisonment for
life.
|
Resident
magistrate.
|
CHAPTER XXIV - CRIMINAL RECKLESSNESS AND NEGLIGENCE
|
237
|
Rash and negligent
acts.
|
May arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
238
|
Causing death by reckless
driving of motor vehicle.
|
ditto
|
Imprisonment for five
years.
|
With the consent of the
accused, resident magistrate.
|
|
239
|
Other negligent acts causing
harm.
|
ditto
|
Imprisonment for six
months.
|
Any court.
|
|
240
|
Negligent dealing with
poisons.
|
ditto
|
Imprisonment for six months
or a fine of $200.
|
Any court.
|
|
241
|
Endangering safety of
persons travelling by railway.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
242
|
Exhibiting false light, mark
or buoy.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
243
|
Conveying person by water
for hire in unsafe or over loaded vessel.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
CHAPTER XXV - ASSAULTS
|
244
|
Common assault.
|
Shall not arrest without
warrant.
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
245
|
Assault causing actual
bodily harm.
|
May arrest without
warrant.
|
Imprisonment for five years,
with or without corporal punishment.
|
Resident
magistrate.
|
|
246
|
Assaulting person protecting
wreck.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
247
|
Various
assaults.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
CHAPTER XXVI - OFFENCES AGAINST LIBERTY
|
249
|
Kidnapping.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
250
|
Kidnapping or abducting with
intent to murder.
|
ditto
|
Imprisonment for ten
years.
|
With the consent of the
accused, resident magistrate.
|
|
251
|
Kidnapping or abducting with
intent to confine a person.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
252
|
Kidnapping or abducting with
intent to harm, etc.
|
ditto
|
Imprisonment for ten
years.
|
With the consent of the
accused, resident magistrate.
|
|
253
|
Wrongfully concealing or
keeping in confinement kidnapped or abducted person.
|
ditto
|
Same punishment as for
kidnapping of abduction.
|
With the consent of the
accused, resident magistrate.
|
|
254
|
Child stealing.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
255
|
Abduction of girl under
sixteen.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
256
|
Wrongfully confining
person.
|
ditto
|
Imprisonment for one years
or a fine of $400.
|
Resident of second class
magistrate.
|
|
257
|
Unlawful compulsory
labour.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
DIVISION V - OFFENCES RELATING TO PROPERTY
CHAPTER XXVII - LARCENY, EMBEZZLEMENT AND CONVERSION
|
260
|
Stealing and embezzling by
co-partners.
|
May arrest without
warrant.
|
Same punishment as if
offender had not been a co-partner.
|
Any court by which offence
would be triable if offender had not been a co-partner.
|
|
|
261
|
Stealing by husband or
wife.
|
ditto
|
Same punishment as if
parties were unmarried.
|
Any court by which offence
would be triable if parties were unmarried.
|
|
|
262
(1)
|
Simple larceny.
|
ditto
|
Imprisonment for five
years.
|
Any court if the value of
the property stolen does not exceed $200. Otherwise resident
magistrate.
|
|
|
(2)
|
Simple larceny (after
previous conviction of felony).
|
ditto
|
Imprisonment for ten
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
(3)
|
Simple larceny (after
previous conviction of misdemeanour).
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
263
|
Larceny of
will.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
|
264
|
Larceny of documents of
title, etc.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
|
265
|
Larceny of
electricity.
|
ditto
|
Same punishment as the case
of simple larceny.
|
Resident
magistrate.
|
|
|
266
|
Larceny of ore.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
|
267
|
Larceny of postal
packets.
|
May arrest without
warrant.
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
|
268
|
Stealing and embezzlement of
officer of post office-
|
|
|
|
|
|
(a)
|
if packet contains money or
valuable security;
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
|
(b)
|
in all other
cases.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
270
|
Larceny in dwelling
house.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
271
|
Larceny from the
person.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
|
272
|
Larceny from ship, dock,
etc.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
|
273
|
Larceny by tenant or
lodger-
|
|
|
|
|
|
|
(a)
|
if value of chattel exceeds
the sum of $10.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
(b)
|
in all other
cases.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
274
|
Larceny and embezzlement by
clerk and servants.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
275
|
Larceny of
cattle.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
|
276
|
Larceny of
dogs.
|
ditto
|
Imprisonment for six months
or a fine of $50.
|
Any court.
|
|
|
|
Larceny of dogs (after
previous conviction).
|
ditto
|
Imprisonment for eighteen
months.
|
Resident or second class
magistrate.
|
|
|
277
|
Larceny or
creatures.
|
ditto
|
Imprisonment for six months
or a fine of $50.
|
Any court.
|
|
|
278(1)
|
Larceny of fish by
night-
|
|
|
|
|
|
|
(a)
|
from water running through
land adjoining a dwelling house, etc.;
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
|
(b)
|
from any other water being
private property.
|
ditto
|
Fine of $10.
|
Any court.
|
|
(2)
|
Larceny of fish during day
time-
|
|
|
|
|
|
|
(a)
|
from water running through
land adjoining a dwelling house;
|
ditto
|
Fine of $10.
|
Any court.
|
|
|
(b)
|
from any other water being
private property.
|
May arrest without
warrant.
|
Fine of $4.
|
Any court.
|
|
279
|
Conversion.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
CHAPTER XXVIII - STEALING AND DAMAGING TREES, FIXTURES, ETC.
|
280
|
Larceny of trees,
etc.
|
May arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
|
281
|
Larceny of fences,
etc.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
|
282
|
Larceny of fruit and
vegetables, etc.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
|
283
|
(a)
|
Larceny of fixtures,
etc.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
|
(b)
|
Larceny of trees, etc. (to
value of two dollars in any park, etc., or to value of ten dollars in any other
place or after two previous
convictions).
|
ditto
|
ditto
|
Resident
magistrate.
|
|
|
(c)
|
Larceny of fruit and
vegetables (after a previous conviction).
|
ditto
|
ditto
|
Resident
magistrate.
|
CHAPTER XXIX - OTHER OFFENCES ALLIED TO STEALING
|
284
|
Fraudulent destruction of
document.
|
May arrest without
warrant.
|
Same punishment as for
larceny of chattel of like value with share, etc., to which document may
relate.
|
Any court by which larceny
of the chattel would be triable.
|
|
285
|
Fraudulent destruction of
documents of title to lands.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
286
|
Fraudulent destruction of
wills.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
287
|
Fraudulent destruction of
court records, etc.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
288
|
Miners removing
ore.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
289
|
Killing animals with intent
to steal.
|
ditto
|
Same punishment as for
larceny of the animal.
|
Any court by which larceny
of the animal would be triable.
|
|
290
|
Larceny of or dredging for
oysters.
|
ditto
|
Imprisonment for three
months.
|
Any court.
|
|
291
|
Factors obtaining advances
on the property of their principals.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
292
|
Unlawful use of vehicles,
animals, etc.
|
May arrest without
warrant.
|
Imprisonment for six months
and a fine of $100.
|
Any court.
|
CHAPTER XXX - ROBBERY AND EXTORTION
|
293(1)
|
Robbery with
violence.
|
May arrest without
warrant.
|
Imprisonment for life, with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Robbery.
|
ditto
|
Imprisonment for fourteen
years, with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
(3)
|
Assault with intent to
rob.
|
ditto
|
Imprisonment for five years,
with or without corporal.
|
Resident
magistrate.
|
|
294(1)
|
Demanding money with
menaces.
|
ditto
|
Imprisonment for life, with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Compelling person to excuse
documents, etc., with menaces.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
295
|
Demanding with menaces
anything capable of being stolen.
|
ditto
|
Imprisonment for five
years.
|
Resident
magistrate.
|
|
296
|
Extortion.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
CHAPTER XXXI - BURGLARY,
HOUSEBREAKING AND SIMILAR OFFENCES
|
298
|
Sacrilege.
|
May arrest without
warrant.
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
299
|
Burglary.
|
ditto
|
Imprisonment for life with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
300
|
Housebreaking and committing
felony.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
301
|
Entering a magazine with
intent.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
302(1)
|
Housebreaking at night with
intent to commit felony.
|
ditto
|
Imprisonment for seven
years, with or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Housebreaking during day or
breaking into other building at any time with intent to commit
felony.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
303
(i)
(ii)
|
Possession of housebreaking
implements by night-
After previous conviction. In all other cases. |
May arrest without
warrant.
ditto
|
Imprisonment for ten years. Imprisonment for five years. |
With the consent of the accused, resident magistrate. Resident magistrate. |
CHAPTER XXXII - FRAUD BY TRUSTEES AND PERSONS IN A POSITION OF TRUST AND FALSE ACCOUNTING
|
305
|
Conversion by
trustee.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
306
|
Director of company
destroying books, etc.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
307
|
Fraudulent falsification of
accounts by clerk or servant.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
CHAPTER XXXIII - FALSE PRETENCES
|
313
|
Receiving stolen
property-
|
|
|
|
|
|
|
(a)
(b) |
where property was stolen or
unlawfully obtained in circumstances amounting to
felony;
where property was stolen or unlawfully obtained in circumstances amounting to misdemeanour. |
May arrest without
warrant.
ditto
|
Imprisonment for fourteen
years.
Imprisonment for seven years. |
With the consent of the
accused, resident
magistrate.
With the consent of the accused, resident magistrate. |
|
314
|
Receiving property stolen or
unlawfully obtained outside Fiji.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
DIVISION VI - MALICIOUS INJURIES TO PROPERTY
CHAPTER XXXV - OFFENCES CAUSING INJURY TO PROPERTY
|
317
|
Arson.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
||
|
318
|
Attempt to commit
arson.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
||
|
319
|
Setting
fire to crops, etc.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
||
|
320
|
Attempting
to set fire to crops, etc.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
||
|
321
|
Casting
away vessel.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
||
|
322
|
Attempting
to cast away vessel.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
||
|
323
|
Killing
or injuring animal or bird.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
||
|
324
(1)
|
Destroying
or damaging property in general.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
||
|
|
(2)
|
Destroying
or damaging inhabited house or vessel with explosives.
|
ditto
|
Imprisonment for life, with
or without corporal punishment.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(3)
|
Destroying
or damaging river bank, wall or navigation works or bridge.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(4)
|
Destroying
or damaging wills or registers.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(5)
|
Destroying
or damaging wrecks.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
|
|
(6)
|
Destroying
or damaging railway, etc.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(7)
|
Destroying
or damaging property of special value.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
|
|
(8)
|
Destroying
or damaging deeds or records.
|
ditto
|
ditto
|
Resident
magistrate.
|
|
|
325
|
Attempting
to destroy or damage property by use of explosives.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
||
|
326
|
Communicating
infectious disease to animals.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
||
|
327
|
Removing
boundary marks with intend to defraud.
|
ditto
|
Imprisonment for three
years.
|
Resident
magistrate.
|
||
|
328
|
Removing
or injuring survey or boundary marks, etc.
|
ditto
|
Imprisonment for three
months, or a fine of $40.
|
Any court.
|
||
|
329
|
Injuring
or obstructing railway works, etc.
|
May arrest without
warrant.
|
Imprisonment for three
months, or a fine of $40.
|
Any court.
|
||
|
330
|
Criminal
intimidation-
|
|
|
|
||
|
|
(1)
|
When a
misdemeanour.
|
ditto
|
Imprisonment for two
years.
|
Resident of second class
magistrate.
|
|
|
|
(2)
|
When
a felony.
|
ditto
|
Imprisonment for ten
years.
|
With the consent of the
accused, resident magistrate.
|
|
DIVISION VII - FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES
CHAPTER XXXVII - PUNISHMENT FOR FORGERY
|
335
(1)
|
Forgery will, deed, bank
note, etc., with intent to defraud.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Forgery of valuable
security, documents of title, power of attorney, register, policy of insurance,
charter-party, etc., with intent
to defraud.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
336
(1)
(2) (3) |
Forgery of any document
having thereon the impression of the public seal of Fiji, etc., with intent to
defraud or deceive.
Forgery of any register of births, deaths or marriages, etc., or copy of any such register, of any public record, etc., with intent to defraud or deceive. Forgery of official document, court, register, certificate, etc., with intent to defraud or deceive. |
ditto
ditto
ditto
|
Imprisonment for
life.
Imprisonment for fourteen years. Imprisonment for seven years. |
With the consent of the
accused, resident
magistrate.
With the consent of the accused, resident magistrate. With the consent of the accused, resident magistrate. |
|
337
|
Alteration of Treasury books
with intent to defraud.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
338
|
Forging copies of
certificates of records.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
339
|
Forging registers of births,
etc.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
340
|
Making false entries in
copies of register sent to Registrar, etc.
|
May arrest without
warrant.
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
341
(1)
|
Forgery of other documents
with intent to defraud.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
(2)
|
Forgery of other public
documents with intent to defraud or deceive.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
(3)
|
Forgery of
passport.
|
ditto
|
ditto
|
Resident or second class
magistrate.
|
|
342
(1)
|
Forgery of public seal of
Fiji, the seal of a court or record, etc., with intent to defraud or
deceive.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Forgery of seal or registry
office, etc., with intent to defraud or deceive.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
(3)
|
Forgery of the seal of court
of justice other than a court of record, etc., with intent to defraud or
deceive.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, second class magistrate.
|
|
(4)
|
Forgery of any die used by
the Commissioner of Inland Revenue, etc., or for stamping gold or silver ware,
with intent to defraud or
deceive.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
(5)
|
Forgery of any stamp or die
used under the Stamp Duties Act or the Post Office Act with the intent to
defraud or deceive.
|
ditto
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
343
|
Uttering a forged document,
seal or die.
|
ditto
|
Same punishment as forgery
of the document, seal or die.
|
Any court by which the
forgery of the document, seal or die would be triable.
|
|
344
|
Uttering cancelled
documents, etc.
|
ditto
|
Same punishment as for
forgery of the document.
|
Any court by which the
forgery of the document would be triable.
|
|
345
|
Demanding property on forged
document.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
346
(1)
|
Importing, forged note or
bank note.
|
ditto
|
ditto
|
With the consent of the
accused, resident magistrate.
|
|
(2)
|
Possession of forged stamp
or die for marking gold or silver ware, etc., or any forged wrapper used by
Commissioner of Inland Revenue,
etc.
|
May arrest without
warrant.
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
|
(3)
|
Possession of any forged
stamp or die resembling stamp or die used under Stamp Duties Act or Post Office
Act.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
347
|
Possession or using
implements for forgery.
|
ditto
|
ditto
|
Resident
magistrate.
|
|
348
|
Possession of revenue paper,
etc.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
349
|
Falsifying warrant for
money.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
350
|
Procuring execution of
document by false pretences.
|
ditto
|
Same punishment as for
forgery of documents.
|
Any court by which the
forgery of the document would be triable.
|
|
351
|
Writing letter for another
and failing to sign name, etc.
|
ditto
|
Fine $10.
|
Any court.
|
CHAPTER XXXVIII - OFFENCES RELATING TO COIN AND BANK AND CURRENCY NOTES
|
353
|
Counterfeiting
coin-
|
|
|
|
||
|
|
(a)
|
in case of coin resembling
current gold or silver coin;
|
May arrest without
warrant.
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(b)
|
in case of coin resembling
current copper coin.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
|
354
|
Gilding, silvering, filing
and altering coin.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
||
|
355
(1)
|
Impairing coin.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
||
|
(2)
|
Possession of filings of
coin.
|
ditto
|
Imprisonment of seven
years.
|
Resident
magistrate.
|
||
|
356
(1)
|
Uttering counterfeit
coin.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
||
|
(2)
|
Uttering, or uttering and
possessing, counterfeit gold or silver coins.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
||
|
(3)
|
Possessing with intent to
utter three or more counterfeit gold or silver coins.
|
May arrest without
warrant.
|
Imprisonment for five
years.
|
Resident
magistrate.
|
||
|
(4)
|
Possessing with intent to
utter three or more counterfeit copper coins.
|
ditto
|
Imprisonment for five
years.
|
Resident or second class
magistrate.
|
||
|
(5)
|
Committing a second offence
under the section.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
||
|
(6)
|
Uttering coin of less value
than current coin.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate
|
||
|
357
|
Buying or selling
counterfeiting coin-
|
|
|
|
||
|
|
(a)
|
in case of coin resembling
current gold or silver coin.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
|
|
|
(b)
|
in case of coin resembling
current copper coin.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
|
358
|
Importing or exporting
counterfeit coin.
|
ditto
|
Imprisonment for fourteen
years.
|
With the consent of the
accused, resident magistrate.
|
||
|
359
|
Possessing or selling
medals, etc., resembling coin.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
||
|
360
(1) & (2)
|
Possessing, etc,. implements
for counterfeiting gold or silver coin.
|
ditto
|
Imprisonment for
life.
|
With the consent of the
accused, resident magistrate.
|
||
|
(3)
|
Possessing implements for
counterfeiting copper coin.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
||
|
363
(1)
|
Defacing current
coin.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
||
|
(3)
|
Uttering defaced
coin.
|
ditto
|
Fine of $4.
|
Any court.
|
||
|
364
|
Melting down
currency.
|
ditto
|
Imprisonment for six
months.
|
Any court.
|
||
|
365
|
Mutilating or defacing
currency notes.
|
ditto
|
Fine of
$40.
|
Any court.
|
||
|
366
(1)
|
Selling imitation currency
note, bank note or current coin.
|
ditto
|
Imprisonment for six
months.
|
Any court.
|
||
|
(2)
|
Making or using any document
resembling currency note.
|
ditto
|
Fine of $10 in respect of
each documents.
|
Any court.
|
||
|
(3)
|
Failure to disclose name and
address of person printing document resembling currency note.
|
ditto
|
Fine or $20.
|
Any court.
|
||
CHAPTER XXXIX - PERSONATION
|
369
|
Personation in
general.
|
May arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
|
If representation is that
the offender is a person entitled by will or operation of law to any specific
property and he commits the
offence to obtain such property.
|
ditto
|
Imprisonment for seven
years.
|
Resident
magistrate.
|
|
370
|
Falsely acknowledging deeds,
recognizances, etc.
|
ditto
|
ditto
|
Resident
magistrate.
|
|
371
|
Personation of a person
named in a certificate.
|
ditto
|
Same punishment as
certificate.
|
Any court by which forgery
of certificate would be triable.
|
|
372
|
Lending, etc., certificate
for purposes of personation.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
373
|
Personation of person named
in testimonial of character.
|
ditto
|
Imprisonment for one
year.
|
Resident or second class
magistrate.
|
|
374
|
Lending, etc., testimonial
of character for purposes of personation.
|
ditto
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
CHAPTER XL - SECRET COMMISSIONS AND CORRUPT PRACTICES
|
376
|
Corrupt
practices.
|
Shall not arrest without
warrant.
|
Imprisonment for two years
or a fine of $600.
|
Resident or second class
magistrate.
|
|
377
|
Secret commission on
Government contracts.
|
ditto
|
Imprisonment for seven years
or a fine of $1,000.
|
With the consent of the
accused, resident magistrate.
|
DIVISION VIII - ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES AND ACCESSORIES AFTER THE FACT
CHAPTER XLI - ATTEMPTS
|
381
|
Attempt to commit a felony
or misdemeanour.
|
According as to whether or
not the offence is one for which the police may arrest without a
warrant.
|
Imprisonment for two years,
(unless otherwise stated).
|
Resident or second class
magistrate.
|
|
382
|
Attempt to commit a felony
punishable with death or imprisonment for fourteen years or
upwards.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
383
|
Soliciting or inciting
others to commit offence in Fiji or elsewhere.
|
May arrest without warrant
if arrest for offence solicited or incited may be made without warrant but not
otherwise.
|
Same punishment as for the
offence solicited or incited.
|
Any court by which offence
solicited or incited would be triable.
|
|
384
|
Neglecting to prevent
commission or completion of a felony.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
CHAPTER XLII - CONSPIRACIES
|
385
|
Conspiracy to commit a
felony.
|
May arrest without
warrant.
|
Imprisonment for seven
years.
|
With the consent of the
accused, resident magistrate.
|
|
386
|
Conspiracy to commit a
misdemeanour.
|
According as to whether or
not misdemeanour is one for which police may arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
|
387
|
Conspiracy to effect certain
specified purposes.
|
Shall not arrest without
warrant.
|
ditto
|
Resident or second class
magistrate.
|
CHAPTER XLIII - CONSPIRACIES
|
389
|
Being and accessory after
the fact to a felony.
|
May arrest without
warrant.
|
Imprisonment for three
years.
|
Resident
magistrate.
|
|
390
|
Being accessory after the
fact to a misdemeanour.
|
Shall not arrest without
warrant.
|
Imprisonment for two
years.
|
Resident or second class
magistrate.
|
OFFENCES UNDER OTHER LAWS WHERE NO SPECIFIC PROVISION IS MADE TO THE CONTRARY IN THOSE LAWS
|
|
If punishable with death or
imprisonment for life.
|
May arrest without
warrant.
|
|
|
|
|
If punishable with
imprisonment for ten years or upwards, but less than for life.
|
ditto
|
|
With the consent of the
accused, resident magistrate.
|
|
|
If punishable with
imprisonment for three years or upwards but less than ten.
|
ditto
|
.
|
Resident
magistrate.
|
|
|
If punishable with
imprisonment for one year or upwards but less than three.
|
Shall not arrest without
warrant unless express provision is contained in the law constituting the
offence.
|
|
Resident or second class
magistrate.
|
|
|
If punishable with
imprisonment for less than one year or with fine only.
|
ditto
|
|
Any court.
|
*(N.B.
- Under section
28
(3) of the Penal Code a person liable to imprisonment may be sentenced to pay a
fine in addition to or instead of
imprisonment,
vide also section
47
of the Penal Code.)
___________
CRIMINAL PROCEDURE CODE
(Section 122)
FORMS OF STATING OFFENCES IN INFORMATIONS
1. - MURDER
STATEMENT OF OFFENCE
Murder, contrary to
section 199 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
|
day of
|
|
19
|
, in the
|
|
|
Division
murdered
J.S.
|
||||||
________
2. - ACCESSORY AFTER THE FACT TO MURDER
STATEMENT OF OFFENCE
Accessory after the fact
to murder, contrary to section 216 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
well knowing that
H.C.
had murdered
C.C.,
did on the
|
|
day of
|
||||
|
|
, 19
|
, in the
|
|
Division and on other
days
|
||
|
thereafter receive, comfort,
harbour, assist and maintain the said
H.C.
|
||||||
_______
3. - MANSLAUGHTER
STATEMENT OF OFFENCE
Manslaughter, contrary to
section 198 of the Penal Code.
PARTICULARS OF OFFENCE
|
A. B.,
on the
|
|
day of
|
, 19
|
, in the
|
|
Division, unlawfully killed
J.S.
|
||||
_______
4. - RAPE
STATEMENT OF OFFENCE
Rape, contrary to section
149 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.
B., on the
|
day of
|
, 19
|
, in the
|
|
Division,
had carnal knowledge of
E.F.,
without her consent.
|
|||
________
5. - WOUNDING
First Count
STATEMENT OF OFFENCE
Wounding with intent,
contrary to section 224 of the Penal Code.
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division wounded
C.D.,
with intent to maim, disfigure or disable, or to do some grievous harm, or to
resist the lawful arrest of him the said
A.B.
|
|||
Second Count
STATEMENT OF OFFENCE
Wounding, contrary to
section 230 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division, unlawfully wounded
C.D.
|
|||
___________
6. - LARCENY
First Count
STATEMENT OF OFFENCE
Larceny, contrary to
section 262 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
,19
|
, in the
|
|
Division, stole a bag the
property of
C.D.
|
|||
Second Count
STATEMENT OF OFFENCE
Receiving stolen goods,
contrary to section 313 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division, did receive a bag,
the property of
C.D.,
knowing the same to have been stolen.
|
|||
________
7. - LARCENY BY CLERK
STATEMENT OF OFFENCE
Larceny by clerks and
servants, contrary to section 274 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division, being clerk or
servant to
M.N.,
stole from the said
M.N.,
10 yards of cloth.
|
|||
_________
8. - ROBBERY
STATEMENT OF OFFENCE
Robbery with violence,
contrary to section 293 (1) of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division, robbed
C.D
of a watch, and at, or immediately before
or immediately after, the time of such robbery did use personal violence to the
said
C.D.
|
|||
_________
9. - BURGLARY
STATEMENT OF OFFENCE
Burglary, contrary to
section 299
(a),
and larceny, contrary to section 270 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
in the night of the
|
day of
|
, 19
|
, in the
|
Division, did
|
|
Break and enter the
dwellinghouse of
C.D.
with intent to steal therein, one watch, the property of
S.T.,
the said watch being of the value of $20.
|
||||
__________
10. - THREATS
STATEMENT OF OFFENCE
Uttering threatening
letter, contrary to section 294 (1) of the Penal Code.
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
|
Division, uttered , knowing
the contents thereof, a letter or writing demanding money from
J.N.
with menaces and without any reasonable
or probable cause.
|
||||
_________
11. - EXTORTION
STATEMENT OF OFFENCE
Threatening to publish a
libel with intent, contrary to section 296 of the Penal Code
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
|
Division, threatened to
publish a libel upon
J.N.
with intent to extort money from the said
J.N.
|
||||
__________
12. - FALSE PRETENCES
STATEMENT OF OFFENCE
Obtaining goods by false
pretences, contrary to section 309 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
|
Division, with intend to
defraud, obtained from
S.P.
five yards of cloth by falsely pretending that he, the said
A.B.,
was a servant to
J.S.,
and that he, the said
A.B.,
had then been sent by the said
J.S.,
to
S.P.,
for the said cloth, and that he, the said
A.B.,
was then authorised by the said
J.S.
to receive the said cloth on behalf of
the said
J.S.
|
|||
__________
13. - CONSPIRACY TO DEFRAUD
STATEMENT OF OFFENCE
Conspiracy to defraud,
contrary to section 386 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
and
C.D.,
on the
|
day of
|
, 19
|
, and on divers
days
|
||||
|
between that day and the
|
day of
|
, 19
|
, in the
|
||||
|
Division, conspired together
with intent to defraud by means of an advertisement inserted by them, the said
A.B.
and
C.D.,
in the
H.S.
newspaper, falsely representing that
A.B.
and
C.D.
were then carrying on a genuine business
as jewellers at
|
|||||||
|
in the
|
Division, and that they were
then able to supply certain
|
||||||
|
articles of jewellery to
whomsoever would remit to them the sum of $4.
|
|||||||
__________
14. - ARSON
STATEMENT OF OFFENCE
Arson, contrary to section
317 of the Penal Code.
PARTICULARS OF OFFENCE
|
I.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
wilfully and unlawfully set
fire to a house.
|
||||
__________
15. - DAMAGE
STATEMENT OF OFFENCE
Damaging trees, contrary
to section 324 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
wilfully and unlawfully
damaged a tree there growing.
|
||||
_________
16. - FORGERY
First Count
STATEMENT OF OFFENCE
Forgery, contrary to
section 335 (1) of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
,19
|
, in the
|
Division,
|
|
with intent to defraud,
forged a certain will purporting to be the will of
C.D.
|
||||
Second Count
STATEMENT OF OFFENCE
Uttering a false document,
contrary to section 343 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
uttered a certain forged
will purporting to be the will of
C.D.
knowing the same to be forged and with intent to defraud.
|
||||
__________
17. - COUNTERFEIT COIN
STATEMENT OF OFFENCE
Uttering a counterfeit
coin, contrary to section 356 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
of the
|
day of
|
, 19
|
, at
|
in the
|
|
|
|
Division, uttered a
counterfeit cent, knowing the same to be counterfeit.
|
||||
_________
18. - PERJURY
STATEMENT OF OFFENCE
Perjury, contrary to
section 117 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|||||
|
being a witness upon the
trial of an action in the Supreme Court at
|
in which
|
||||||||
|
one
|
was plaintiff, and one
|
was defendant, knowingly
gave
|
|||||||
|
false testimony that he saw
one, M.
W., in the street called the
|
on the
|
||||||||
|
|
day of
|
, 19
|
.
|
||||||
____________
19. - FALSE ACCOUNTING
First Count
STATEMENT OF OFFENCE
Fraudulent false
accounting, contrary to section
307
of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
being clerk or servant to
C.D.,
with intent to defraud, made or was privy to making a false entry in a cash book
belonging to the said
C.D.,
his employer, purporting to show that on the said day $200 had been paid to
L.M.
|
||||
Second Count
STATEMENT OF OFFENCE
Fraudulent false
accounting, contrary to section
307
of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
being clerk or servant to
C.D.,
with intent to defraud, omitted or was privy to omitting from a cash book
belonging to the said
C.D.,
his employer, a material particular, that is to say, the receipt on the said day
of $100 from
H.S.
|
||||
_________
20. - FRAUDULENT CONVERSION OF PROPERTY
First Count
STATEMENT OF OFFENCE
Fraudulent conversion of
property, contrary to section 279 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
fraudulently converted to
his own use and benefit certain property, that is to say, $200 entrusted to him
by
H.S.,
for him, the said
A.B.,
to retain in safe custody.
|
||||
Second Count
STATEMENT OF OFFENCE
Fraudulent conversion of
property, contrary to section 279 of the Penal Code.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division,
|
|
fraudulently converted to
his own use and benefit certain property, that is to say, $200 which had been
received by him, for and on
account of
L.M.
|
||||
_________
21. - SELLING OBSCENE BOOK
STATEMENT OF OFFENCE
Selling obscene book,
contrary to section 188 of the Penal Code.
PARTICULARS OF OFFENCE
|
E.M.,
on the
|
day of
|
, 19
|
, in the
|
Division, sold
|
|
and caused or procured to be
sold an obscene book, the particulars of which are deposited with this
information. (Particulars to specify
pages and lines complained of where
necessary, as in a book.)
|
||||
__________
22. - BANKRUPT OBTAINING CREDIT
STATEMENT OF OFFENCE
A.B.,
undischarged bankrupt, obtaining credit contrary to section 137 of the
Bankruptcy
Act.
C.D.,
being accessory to same offence.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
, 19
|
, in the
|
Division, being an
|
|
undischarged bankrupt,
obtained credit to the extent of dollars from
H.S.
without informing the said
H.S.
that he then was undischarged bankrupt.
|
||||
C.D.,
at the same time and place did aid, abet, counsel and procure
A.B.
to commit the said offence.
________
23. - BANKRUPTCY OFFENCE
First Count
STATEMENT OF OFFENCE
Bankruptcy offence
contrary to section 133 (1) of the Bankruptcy Act.
PARTICULARS OF OFFENCE
|
A.B.,
has been adjudged bankrupt, and on the
|
day of
|
, 19
|
|
|
, in the
|
Division, did not fully and
truly discover to the trustee all his
|
||
|
property, and how and to
whom and for what consideration and when he had disposed of a piano part
thereof.
|
|||
Second Count
STATEMENT OF OFFENCE
Bankruptcy offence
contrary to section 133 (1) of the Bankruptcy Act.
PARTICULARS OF OFFENCE
|
A.B.,
has been adjudged bankrupt, and on the
|
day of
|
, 19
|
|
|
, in the
|
Division, did not deliver up
to the trustee a book called a ledger,
|
||
|
relating to his property or
affairs.
|
|||
Third Count.
STATEMENT OF OFFENCE
Bankruptcy offence
contrary to section
133
(1) of the Bankruptcy Act.
PARTICULARS OF OFFENCE
|
A.B.,
on the
|
day of
|
,19
|
, and within twelve months
next
|
|
|
before the presentation of a
bankruptcy petition against him upon which he was adjudged
|
||||
|
bankrupt, in the
|
Division, fraudulently
removed a piano, value $40, part
|
|||
|
of his
property.
|
||||
________
24. - PREVIOUS CONVICTION
|
Prior to commission of the
said offence, the said
A.B.,
had been previously convicted of
|
|||||
|
|
on the
|
day of
|
, 19
|
, at the
|
|
|
|
held at
|
.
|
|||
________
THIRD
SCHEDULE
(Section
80A)
(Inserted
by Act 3 of 1983, s.
6.)
PRESCRIBED OFFENCES AND FIXED PENALTIES
|
Column 1
Item No. |
Column
2
offence |
Column
3
Fixed penalty |
||
|
1.
|
Begging (Minor Offences Act,
section
3
(a))
.........................
|
$10
|
||
|
2.
|
Pestering (Minor Offences
Act, section
3
(d))........................
|
$5
|
||
|
3.
|
Indecency (Minor Offences
Act, section
6)
..........................
|
$15
|
||
|
4.
|
Indecent or obscene language
(Minor Offences Act, section
7
(1).........................................................................
|
$10 |
||
|
5.
|
Loitering (Minor Offences
Act, section
8)
..........................
|
$15
|
||
|
6.
|
Spitting or discharge nasal
fluid or mucus (Minor Offences Act, section
41
..................................................................
|
$5 |
||
|
7.
|
Licence not affixed to
vehicle (Traffic Act, section
14
(3))
..........................................................................
|
$20 |
||
|
8.
|
Failing to wear PSV drivers
badge (Traffic Regulations, regulation 24 (9))
.........................................................
|
$15 |
||
|
9.
|
Exceeding maximum speed (
Traffic Regulations, regulation 44)
...........................................................................
|
$15 |
||
|
10.
|
Failing to display maximum
speed sign (Traffic Regulations, regulation 45)
............................................................
|
$10 |
||
|
11.
|
Emitting smoke (Traffic
Regulations, regulation 49) ..........
|
$15
|
||
|
12.
|
Excess passengers on motor
cycle (Traffic Regulations, regulation 53)
.............................................................
|
$20 |
||
|
13.
|
Failing to wear a safety
helmet (Traffic Regulations, regulation 54)
...........................................................................
|
$15 |
||
|
14.
|
Travelling in an insecure
position (Traffic
Regulations,
regulation 56) .......................................................................... |
$15 |
||
|
15.
|
Defective head lamp (Traffic
Regulations, regulation 58) ......
|
$10
|
||
|
16.
|
Defective side lamp (Traffic
Regulations, regulation 59) .......
|
$10
|
||
|
17.
|
Defective rear lamp (Traffic
Regulations, regulation 61) .......
|
$20
|
||
|
18
|
Defective brake light
(Traffic Regulations, regulation 62.) .....
|
$15
|
||
|
19.
|
Stationary vehicle not
adequately lighted (Traffic Regulations, regulation 63)
...........................................................
|
$20 |
||
|
20.
|
Failing to display extra
light (Traffic Regulations, regulation
65(3)).......................................................................................
|
$10 |
||
|
21.
|
Failing to display extra
light (Traffic Regulations, regulation 66)
......................................................................................
|
$10 |
||
|
22.
|
Number plate not illuminated
(Traffic Regulations, regulation 67)
..........................................................................................
|
$5 |
||
|
23.
|
Defective direction
indicator (Traffic Regulations, regulation 68)
.....................................................................................
|
$
15 |
||
|
24.
|
Defective tyre (Traffic
Regulations, regulation 74) .................
|
$15
|
||
|
25.
|
Defective mudguard (Traffic
Regulations,
regulation 44(4)) ..................................................................... |
$10 |
||
|
26.
|
Defective service brake
(driving brake) (Traffic Regulations, regulation
77(4))..........................................
|
$25 |
||
|
27.
|
Defective parking brake
(Traffic Regulations, regulation 77(5)
(c))
...............................................................................
|
$15
|
||
|
28.
|
Defective windscreen wiper
(Traffic Regulations, regulation 80)
..........................................................................................
|
$10 |
||
|
29.
|
Defective or absent mirror
(Traffic Regulations, regulation
81)...........................................................................................
|
$10
|
||
|
30.
|
Defective speedometer
(Traffic Regulations,
regulation 82) ......................................................................... |
$10 |
||
|
31.
|
Defective warning instrument
(horn) (Traffic Regulations, regulation 83)
.........................................................................
|
$10 |
||
|
32.
|
Defective silencer (Traffic
Regulations, regulation 84) ...........
|
$15
|
||
|
33.
|
Defective or absent marking
(Traffic Regulations, regulation 85)
.....................................................................................
|
$5 |
||
|
34.
|
Failing to display trailer
warning mark (Traffic Regulations, regulation 86)
.........................................................................
|
$10 |
||
|
35.
|
Stopping vehicle (Traffic
Regulations, regulation 144)............
|
$10
|
||
|
36.
|
Parking vehicle (Traffic
Regulations, regulation 145) .............
|
$10
|
||
_________________________
Controlled by Ministry of Justice
___________
S - 1
CHAPTER 21
CRIMINAL
PROCEDURE CODE
___________
SECTION 197 - CRIMINAL PROCEDURE CODE (RECORD OF EVIDENCE IN THE SUPREME COURT) RULES
Rules 24 January 1950 [in force 17 February 1950]
(Made by the Chief Justice)
Short title
1.
These Rules may be cited as the Criminal Procedure Code (Record of Evidence in
the Supreme Court) Rules.
Judge's notes when shorthand note taken
2.
In cases where shorthand notes of the proceedings, including the evidence, are
taken under section 346 of the Criminal Procedure Code, the judge shall take
such notes of the evidence of the witnesses as he considers
desirable.
Where shorthand note not taken
3.
In cases where shorthand notes of the proceedings are not taken, the judge shall
take down in writing in the language of the Court
the substance of the evidence
of each witness, or so much thereof as he deems material, in narrative
form:
Provided that if he so
wishes, the judge may take down the whole or any part of the evidence
verbatim.
____________
SECTION 348 - CRIMINAL PROCEDURE CODE (FORMS) RULES
____________
Rules
2 May 1945 [in force 12 May 1945], 14 December 1950, 1 July 1953, 21 February
1958, 5 May 1958, 10 February 1960, 9 August 1962, 1 November 1962, 13 September 1966, 22 March 1967*, 9 October 1969†, 9 December 1969‡, 24 May 1976§, 11 April 1983"
*
See Legal Notice No. 24 of 1967.
† See Legal
Notice No. 141 of
1969.
‡ See
Legal Notice No. 174 of
1969.
§ See
Legal Notice No. 71 of
1976.
" See Legal
Notice No. 24 of 1983.
(Made by the Chief Justice)
Short title
1.
These Rules may be cited as the Criminal Procedure Code (Forms)
Rules.
Forms
2.
The forms set out in the Schedule shall be used in criminal procedure before
magistrates' courts with such variation as the circumstances
of each case
require.
S - 2
C.P.C. FORM No. 1
FORM
1.
(Section
78)
FIJI
COMPLAINT
|
In the Magistrates' Court at
|
of
|
||||||
|
makes complaint to the
undersigned magistrate that
|
of
|
||||||
|
did on the
|
day of
|
at
|
in Fiji
|
||||
|
Taken
(or
sworn)
at
|
this
|
day of
|
, 19
|
||||
|
,before me.
|
|||||||
Magistrate.
___________
C.P.C. FORM No. 2
FORM
2
(Section
78)
FIJI.
In the Magistrates' Court
at
CHARGE
(Private
Complaint)
|
(a)
|
of
(b)
|
||
|
is charge on the complaint
of
|
with the following
offence:-
|
||
|
|
Statement of Offence
(c)
|
||
|
|
|
||
|
|
Particulars of Offence
(d)
|
||
Magistrate.
|
|
Date
|
|
(a)
|
Name, and father's name if
Indian.
|
|
|
(b)
|
Address and
occupation.
|
|
|
(c)
|
Brief statement of offence
with Act and section.
|
|
|
(d)
|
Brief particulars of offence
in ordinary language.
|
|
|
Note.-
This form is for use for charge on private complaint only.
|
||
|
|
(Statement
by Rules
14th
December 1950.)
|
|
C.P.C. FORM No. 3
FORM
3.
(Section 78)
FIJI
In
the Magistrates' Court at
CHARGE
(Complaint
by Public
Officer)
Statement
of Offence
(a)
Particulars of Offence
|
(b)
|
of
|
Sworn before me (c) |
(d)
|
|
|
Magistrate.
|
|
|
|
Date
|
|
(a)
Offence with Act and
section.
(b)
Name or names of accused and brief particulars of offence in ordinary
language.
(c)
Strike out if not made on
oath.
(d)
Signature of complainant with
rank.
Note. - This
form is for use when there is one count
only - one or more
accused.
(Form Inserted by Rules 14th December, 1950.)
___________
C.P.C. FORM No. 4
FORM
4.
(Section 78)
FIJI
In the Magistrates' Court
at
CHARGE
(Complaint
by Public Officer)
FIRST
COUNT
Statement of
Offence
(a)
Particulars of Offence
|
(b)
|
of
|
|
|
(c)
|
|
(d)
|
Sworn before me (e)
|
|
Magistrate.
|
|
|
|
Date
|
|
|
(a)
|
Offence with Act and
section.
|
|
(b)
|
Name or names of accused
persons and brief particulars of offence in ordinary language.
|
|
(c)
|
Add further counts as
necessary
|
|
(d)
|
Signature of complainant
with rank.
|
|
(e)
|
Strike out if not made on
oath.
|
Note. - This form is for use when there is more than one count. If a second
sheet is necessary the signatures will appear at bottom of second sheet only.
(Form inserted by Rules 14th December, 1950.)
_____________
C.P.C. FORM No. 5
FORM
5
(Section 81)
FIJI.
SUMMONS
In the Magistrates' Court at
|
To
(a)
|
of
(b)
|
You are hereby commanded to appear at |
o'clock in the
|
noon of
|
|||||
|
the
|
day of
|
, 19
|
, at the Magistrate' Court
at the
|
||||
|
Court House
|
there to answer the
following charge(s) made
|
||||||
|
on the complainant of
(a)
|
of (b)
|
,
|
|||||
|
|
Statement
of Offence (c)
|
||||||
|
|
Particulars
of Offence (d)
|
||||||
and be dealt with
according to law.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
(a)
Full name, and father's name if Indian.
(b)
Full address, and
occupation.
(c)
Brief statement of offence with Act and section
contravened.
(d)
Brief particulars of offence in ordinary language.
__________
C.P.C. Form No. 6
FORM
6.
(Sections 81
and 88)
SUMMONS
FIJI
In the Magistrates' Court
|
|
Case No.
|
|
To
|
of
|
|
You are hereby commanded to
appear at
|
o'clock in the
|
noon
|
|||
|
of the
|
day of
|
,19
|
,at the Magistrate's Court
at the
|
||
|
Court House
|
there to answer the
charge(s) set out hereunder
|
||||
|
and be dealt with according
to law:
|
|
||||
|
Provided that your personal attendance be excused and the case may then be disposed of in your absence if- |
|||||
(a) |
you admit the offence and
plead guilty in writing; or
|
||||
(b) |
you appear by barrister and
solicitor.
|
||||
STATEMENT OF OFFENCE (with
Act and section)
PARTICULARS OF
OFFENCE
You are warned
that-
(1) if your personal attendance has been excused any fine which may be
imposed upon you must be paid within eight days from the return date on this form;
(2) unless you enclose a stamped addressed envelope with the form you will
not receive notification from the Court of any fine which may have been imposed and it will be your duty to make inquiry in that respect either in person or by telephone from the Court. If you fail to pay any such fine within the time allowed by the Court or to apply to the Court for an extension of time for payment of such fine you will be liable without further warning to be committed to prison forthwith for such term as the magistrate may have lawfully ordered.
Dated this |
day of
|
, 19
|
.
|
|
|
............................................................... Magistrate of Justice of Peace. |
||||
Note - This form must be
used-
(a) in all cases in which the offence is punishable only by fine or by imprisonment not
exceeding three months; and
(b) in any other case (not being a felony) in which the magistrate thinks fit to dispense
with the personal attendance of the accused.
(Form substituted by Rules 9th December, 1969.)
__________
C.P.C. Form No. 7
FORM
7
(Sections
81 and 88)
SUMMONS TO SHOW CAUSE
FIJI.
In the Magistrates' Court
at
|
Whereas on the
|
day of
|
,19
|
, you
[name of
|
|||||
|
Defendant]
were charged with the offence hereunder set out-
|
||||||||
|
And whereas your personal
attendance was dispensed with under section 88 of the Criminal Procedure
Code
|
||||||||
|
And whereas you were on the
day aforesaid convicted of the said offence and ordered
|
||||||||
|
to pay a fine of
|
within the period of
|
days from the day
|
||||||
|
thereof.
|
|
|
||||||
|
And whereas the said fine
has not been paid within the period prescribed.
|
||||||||
|
Now therefore you the said
|
are hereby commanded to
|
|||||||
|
before appear the
Magistrates' Court at
|
on the
|
|||||||
|
day of
|
, 19
|
, at
|
o'clock in the forenoon to
|
|||||
|
show cause why you should
not be committed to prison for such term as may be prescribed.
|
||||||||
Statement of Offence
|
Dated at
|
this
|
day of
|
,19
|
.
|
|
Magistrate.
|
||||
(Form inserted by Rules 1st July, 1953.)
_________
C.P.C. Form No. 8.
FORM
8.
(Section
79)
WARRANT TO APPREHEND DEFENDANT IN THE FIRST INSTANCE
FIJI
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
These are to command you in
Her Majesty's name to arrest and bring before me at
|
|||
|
the Magistrates' Court at
the Court House
|
(a)
|
of
(b)
|
|
|
|
to be dealt with according
to law on the following charge(s) made
|
||
|
on the sworn complaint of
(a)
|
of
(b)
|
||
Statement
of Offence
(c)
Particulars of
Offence (d)
Dated this day of , 19 .
Magistrate or Justice of the Peace.
(a)
Name, and father's name if
Indian,
(b)
Full
address, and
occupation,
(c)
Brief statement of offence, with Act and section
contravened.
(d)
Brief particulars of offence in ordinary language.
___________
C.P.C. Form No. 9
FORM
9.
(Section
80)
FIJI
POLICE
NOTICE TO ATTEND
COURT
|
To
|
of
|
You are hereby required to attend the Magistrate's Court at |
on
|
|
|
|
at
|
|
|
to answer the charge set out
hereunder-
|
||
|
Provided
that your personal attendance will be excused and the case then be disposed of
in your absence if-
(a) you admit the offence and plead guilty in writing; or (b) you appear by barrister and solicitor. |
||
STATEMENT OF OFFENCE (with
Act and section):
PARTICULARS OF
OFFENCE:
|
(Signed)
|
Rank
|
Police Station
|
Date
|
(On reverse side - Note,
Written Plea of Guilty and Affidavit of Service)
Note-
(1)
If you desire to enter a written plea of guilty you may do so hereon by
inserting your name, the date and your signature in the
space provided below.
The form should then be sent to the clerk of the Magistrate's Court named
overleaf. It must be received by
him not less than 24 hours before the return
date, failing which the Court may proceed to hear the charge in your
absence.
(2) You are warned
that-
(a) if your personal attendance has been excused any fine which may be imposed upon you must be paid within eight days from the return date on this form;
(b) unless you enclose a stamped addressed envelope with the form you will not receive notification from the Court of any fine which may have been imposed and it will be your duty to make inquiry in that respect either in person or by telephone from the Court. If you fail to pay any such fine within the time allowed by the Court or to apply to the Court for an extension of time for payment of such fine you will be liable without further warning to be committed to prison forthwith for such term as the magistrate may have lawfully ordered.
______________________________________________________________________
WRITTEN PLEA OF GUILTY
|
I,
|
being the person named
overleaf hereby
|
|
enter a plea of guilty to
the charge specified.
|
|
|
(Signed)
|
Date:
|
S - 9
CRIMINAL
PROCEDURE CODE
AFFIDAVIT OF
SERVICE
|
I,
|
make oath
|
||||||
|
and say that I did on the
|
day of
|
, 19
|
, serve a
|
||||
|
true copy of this Notice to
Attend Court
|
on
|
||||||
|
at
|
|||||||
|
Sworn by me at
|
|||||||
|
this
|
day of
|
, 19
|
.
|
||||
Magistrate,
Justice of the Peace
or
Commissioner for
Oaths.
(Substituted by Rules* 9 December 1969.)
*See Legal Notice No. 174 of 1969.
___________
C.P.C. FORM No. 9A
FORM
9A
(Section
80B)
(Inserted
by Rules† 11 April
1983.)
[Obverse]
†See
Legal Notice No. 24 of 1983.
ROYAL FIJI POLICE
FIXED PENALTY NOTICE
TO-
[name] |
of
|
[address]:
|
|
|
|
(OR)
|
||
|
|
the driver
[or
owner] of motor vehicle register
|
||
|
number
|
:
|
||
YOU ARE HEREBY CHARGED as
follows:-
Statement
of offence:
|
contrary to
|
(Maximum
penalty:
|
)
|
Particulars
of offence:
TAKE NOTICE that,
if, not later than 21
days from the date hereof, payment of the
fixed
|
penalty of $
|
is received, as specified
overleaf, at the
|
|
Magistrate's Court at
[place],
all liability in respect of the offence
will be discharged and no further action will be taken.
|
|
HOWEVER, if that fixed penalty is not so paid, you are hereby required to attend that
|
Magistrate's Court on
|
19
|
, at
[time],
to answer the charge
|
|
set out above,
unless-
|
|
|
(a) you admit the offence and plead guilty in writing as specified overleaf; or
(b) an appearance is made on your behalf by a barrister and solicitor,
in
which case your personal attendance will be excused and the case will be
disposed of in your absence.
|
Signed:
|
Rank:
|
|
|
Police Station:
|
Date:
|
19 |
S - 10
[Reverse, Copies for service only]
INSTRUCTIONS FOR PAYMENT OF FIXED PENALTY
If you wish to obtain a
discharge by the payment of the fixed penalty, you may do so-
(a) by tendering, in cash or by bank draft payable to the Government of Fiji, the amount to the fixed penalty, together with this notice, at the offence of the Magistrate's Court specified overleaf; or
(b) by forwarding, by properly pre - paid post, to the Clerk of the Magistrate's Court a bank draft, money order or postal order payable to the Government of Fiji for the amount of the fixed penalty, together with this notice and, if a receipt is required, a stamped addressed envelope.
NOTE:
In order to avoid
Court proceedings, payment must be received at the abovementioned Court not
later than
21
days after the date of this notice.
INSTRUCTIONS FOR WRITTEN PLEA OF GUILTY
NOTE: These instructions are not applicable if fixed penalty is duly paid within 21 days of the date of this notice.
1. If you wish to enter a
written plea of guilty, you may do so by-
(a) inserting your name, the date and your signature in the space provided below; and
(b) delivering this notice, or sending it by properly pre-paid post, to the Clerk of the Magistrate's Court specified overleaf so as to reach him not later than 24 hours before the time specified overleaf for your attendance before the Court.
2.
You are warned that-
(a) Unless the instruction set out in paragraph 1 is complied with within the specified time, the Court may proceed to hears the charge in your absence:
(b) Unless you enclose with this notice a stamped addresses envelope, you will not receive notification from the Court of any fine that may be imposed and it will be your duty to make inquiry of the Court in that regard either in person or by telephone; and
(c) If you fail to pay any fine which is impose upon you within the time allowed by the Court or to apply to the Court for an extension of time for the payment of that fine, you will be liable without further warning to be committed to prison forthwith for such term a the magistrate may have lawfully ordered.
WRITTEN PLEA OF GUILTY
I,
[full
name],
being the person charged overleaf, hereby enter a plea of guilty to the charge
specified.
|
Signed:
|
Date:
|
19
|
.
|
[Reverse, other copies]
AFFIDAVIT OF SERVICE
(To be completed in all cases)
|
I,
[full
name of police
officer],
the police officer whose signature
appears at the foot of the
|
||||
|
Fixed Penalty Notice
overleaf, make oath and say that, on the
|
day of
|
|||
|
, 19
|
, at
|
,
|
||
|
I did-
|
|
|||
serve upon the accused person specified therein |
|
|||
|
|
OR
|
|||
affix, in a conspicuous position, or the motor vehicle specified therein |
||||
|
a true copy of that Fixed
Penalty Notice.
|
||||
|
Sworn by the abovenamed
police officer at
|
|
}
} |
|||
|
this
|
day of
|
, 19
|
,
|
||
Magistrate
or
Justice of Peace
or
Commissioner for Oaths
___________
SUPPLEMENTARY AFFIDAVIT OF SERVICE
(To be completed when
service is effected on the registered owner of a motor vehicle for the purposes
of subsection 80C(4) )
|
I, [full
name],
a
[rank]
stationed at
|
Police Station,
make
|
|||
|
oath and say that, on the
|
day of
|
, 19
|
, I did serve
|
|
|
upon
[name of registered
owner of motor
vehicle]
a true copy of the Fixed Penalty Notice
overleaf by [means of
service].
|
||||
|
Sworn by the abovenamed
police officer at
|
|
|||
|
this
|
day of
|
at, 19
|
,
|
|
Magistrate
or
Justice of the
Peace
or
Commissioner for Oaths
___________
C.P.C. FORM No. 10
FORM
10.
(Section
90)
WARRANT TO APPREHEND DEFENDANT WHERE SUMMONS IS DISOBEYED
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
WHEREAS on the
|
day of
|
,19
|
, on the complaint
of
|
||||||||
|
(a)
|
of
(b)
|
(a)
|
of
(b)
|
||||||||
|
hereinafter called the
defendant was summoned to appear before the Magistrates' Court at
|
|||||||||||
|
the Court
House,
|
, on the
|
day of
|
,19
|
, at
|
|||||||
|
|
o'clock in the
|
noon to answer the following
charge(s):-
|
|||||||||
Statement of Offence (c)
And whereas an oath has
been made that the defendant was duly served with the summons but did not
appear.
|
These are to command you in
Her Majesty's name to arrest the defendant and bring him
|
|
|
before me at the
Magistrates' Court at
|
to answer
|
|
the said charge(s) and be
dealt with according to law.
|
|
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
(a)
Name, and father's name if
Indian.
(b)
Full address, and
occupation.
(c)
Brief statement of offence, with Act and section contravened.
_____________
S - 10 C
FORM No. 11
FORM
11.
(Section
108)
BAIL RECOGNIZANCE
In the Magistrates' Court
at
FIJI.
|
On the
|
day of
|
,19
|
,of
|
, as
|
|||||||||||
|
principal,
|
of
|
, as surety and
|
|||||||||||||
|
of
|
, as surety, severally
acknowledged themselves to
|
||||||||||||||
|
owe to Her Majesty the Queen
the several sums following; that is to say:-
|
|||||||||||||||
|
the said
|
the sum of
|
dollars, the
said
|
|||||||||||||
|
the sum of
|
dollars, and the
said
|
the sum of
|
|||||||||||||
|
|
dollars, to be paid by them
the said
|
if the said
|
|||||||||||||
|
|
shall fail in the condition
hereinafter written.
|
||||||||||||||
|
The condition is that if the
said
|
shall personally appear on
the
|
||||||||||||||
|
|
day of
|
, 19
|
, at
|
o'clock in the
|
|||||||||||
|
noon at the Magistrates'
Court at the Court House,
|
, to
|
||||||||||||||
|
answer a charge(s) made on
the information of
|
and shall
|
||||||||||||||
|
continue to attend from day
to day and at each adjournment of the said court and not to depart therefrom
without leave this bond shall
be void.
|
|||||||||||||||
|
Principal.
Surety. Surety. |
Magistrate or Police Officer |
__________
C.P.C FORM No. 12
CRIMINAL
PROCEDURE CODE
FORM
12
(Section 129)
SUMMONS TO WITNESS
FIJI
In the Magistrates' Court
at
|
To
|
Case No.
|
|
WHEREAS a charge(s) has/have
been made on the complaint
|
|
|
of
|
|
|
of
|
that
|
|
of
|
did commit the following
|
|
offence(s):-
|
|
Statement
of
Offence(s)
Particulars
of
Offence(s)
AND it appearing to me by
the statement of
that you are likely
to give material evidence therein on behalf of the
(a).
|
You are therefore hereby
summoned to appear before the Magistrate's Court House
|
|||||
|
|
on the
|
day of
|
|||
|
|
,19
|
, at the hour of
|
o'clock in the
|
||
|
noon to testify what you
know in the matter: an also to bring with you and produce at the time and place
aforesaid
(b).
|
|||||
|
Dated this
|
day of
|
,19
|
.
|
...............................................
Magistrate
or Justice of Peace.
|
(a)
Complainant or Defendant.
|
(b)
Specify documents to be produced.
|
AFFIDAVIT OF SERVICE
|
I
|
of
|
|||||||
|
make oath and say that I did
on the
|
day of
|
|||||||
|
|
19
|
, serve a true copy of the
within summons
|
||||||
|
on the within-named witness
by delivering the same to the said
|
||||||||
|
at
|
||||||||
|
Sworn before me
at
|
}
} |
.........................................
......................................... Magistrate, Justice of Peace or Commissioner for Oaths. |
||||||
|
this
|
day of
|
19
|
||||||
____________
C.P.C. FORM No. 13
FORM
13
(section 131)
WARRANT FOR A WITNESS IN THE FIRST INSTANCE
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
|
of
|
having deposed to me that
|
||||||||
|
is in possession of material
evidence (or, is
a material witness) in respect of a
charge
|
||||||||||
|
against
|
and is not likely to give
evidence unless compelled
|
|||||||||
|
to do so.
|
||||||||||
|
These are to command you in
Her Majesty's name to arrest and bring the said
|
||||||||||
|
|
before me at the
Magistrates' Court at the Court
|
|||||||||
|
House,
|
, at
|
o'clock in the
|
||||||||
|
noon on the
|
day of
|
to give evidence in such
behalf.
|
||||||||
|
|
Dated this
|
day of
|
,19
|
.
|
||||||
Magistrate.
___________
C.P.C. Form No. 14
FORM
14.
(Section 130)
WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
|
of
|
not having appeared in
|
||||||||||
|
obedience to a summons
requiring his attendance on the at the
|
day of
|
|||||||||||
|
|
at the Magistrates' Court at
the Court House,
|
,
|
||||||||||
|
to give evidence on behalf
of
|
of
|
|||||||||||
|
on a charge against
|
of
|
.
|
||||||||||
|
These are to command you in
Her Majesty's name to arrest and bring before me at
|
||||||||||||
|
|
o'clock in the
|
noon on the
|
day of the said
|
|||||||||
|
|
to be dealt with according
to law.
|
|
||||||||||
|
|
Dated this
|
day of
|
, 19
|
.
|
||||||||
|
|
Magistrate.
|
|||||||||||
___________
C.P.C. Form No. 15
FORM
15.
(Section 137)
COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE
FIJI.
In the Magistrates' Court
at
To all Police Officers in Fiji
and to the Officer in Charge of the
prison.
In the Magistrates' Court
at
|
To all Police Officers in
Fiji and to the Officer in Charge of the
|
|
prison.
|
|
|
of
|
having refused this day at a
|
|||||||||
|
Magistrates' Court held at
the Court House,
|
, without just excuse to be
|
||||||||||
|
examined on oath
(or
solemn affirmation) as a witness at the hearing of a charge
|
|||||||||||
|
against
|
Of
|
(or
|
being
|
||||||||
|
duly sworn
(or
affirmed) this day at the Magistrates'
Court held at the Court House
|
|||||||||||
|
|
as a witness on the
information of
|
against
|
|||||||||
|
having refused without just
excuse to answer certain questions concerning the premises):
|
|||||||||||
|
|
|
||||||||||
|
Whereupon the hearing of the
said charge was adjourned to the
|
day of
|
||||||||||
|
, 19
|
, and the said
|
was ordered to be
committed
|
|||||||||
|
to prison until such date
unless he sooner consents to do what is required of him.
|
|||||||||||
|
These are therefore to
command you the said Police Officers in Her Majesty's name to
|
|||||||||||
|
convey the said
|
to the
|
prison
|
|||||||||
|
and there to deliver him to
the Officer in Charge thereof who is hereby directed to imprison him until such
date unless he sooner
consents to do what is required of him and then to bring
him before this Court at such adjourned hearing as aforesaid.
|
|||||||||||
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
__________
C.P.C. FORM No, 16
FORM
16.
(Section 202)
WARRANT TO REMAND DEFENDANT WHEN ARRESTED
FIJI.
In the Magistrates' Court
at
|
To all Police Officers in
Fiji and to the Officer in Charge of the
|
||
|
prison.
|
||
|
|
of
|
having been brought before
|
|
me under arrest to answer
the following charge(s):-
|
||
Statement of Offence
|
These are to command you the
said Police Officers in Her Majesty's name to convey
|
|||||||||
|
and deliver the
said
|
to the Officer in Charge of
|
||||||||
|
the
|
prison who is hereby
directed safely to keep him until
|
||||||||
|
the
|
day of
|
,19
|
, and then have him before
the
|
||||||
|
Magistrates' Court at the
Court House,
|
, at
|
o'clock
|
|||||||
|
in the
|
noon.
|
|
|||||||
|
Date this
|
day of
|
, 19
|
.
|
||||||
Magistrate.
_________
C.P.C. FORM No. 17
FORM
17.
(Section 202)
WARRANT OF COMMITMENT FOR SAFE CUSTODY ON ADJOURNMENT OF HEARING
FIJI
In the Magistrates'
Court
|
To all Police Officers in
Fiji and to the officer in charge of the
|
|
|||||||||||
|
prison
|
||||||||||||
|
Whereas the hearing of a
charge against
|
has been
|
|||||||||||
|
adjourned to
the
|
day of
|
at
|
o'clock in the
|
|||||||||
|
noon at the Magistrates'
Court at the Court House,
|
.
|
|||||||||||
|
These are to command you the
said Police Officers in Her Majesty's name that
|
||||||||||||
|
|
be conveyed to
the
|
prison
|
||||||||||
|
and there delivered to the
Officer in Charge thereof who is hereby directed safely
|
||||||||||||
|
to keep him until the
said
|
day of
|
and then
|
||||||||||
|
have him before me at the
said time and place.
|
|
|||||||||||
|
Dated this
|
day of
|
,19
|
.
|
|||||||||
Magistrate.
_________
C.P.C. FORM No. 18
FORM
18.
(Section 203)
WARRANT TO ARREST ACCUSED WHO HAS NOT APPEARED AFTER ADJOURNMENT
FIJI
In the Magistrates' Court at
To all Police Officers in
Fiji.
|
Whereas on the
|
day of
|
, 19
|
,
|
|||
|
|
of
|
hereinafter Magistrates'
|
||||
|
Court at the Court
House,
|
, to answer a charge(s)
|
|||||
|
made on the complaint
of
|
of
|
that he
|
||||
|
the said accused did commit
the following offence(s):-
|
|
|||||
Statement of Offence
|
And the hearing of the said
charge(s) was adjourned to the
|
day of
|
||||||
|
,19
|
, at
|
o'clock in the
|
noon at the Magistrates'
Court
|
||||
|
at the Court
House,
|
, at which time and place
the
|
||||||
|
accused failed to
appear.
|
|||||||
|
These are to command you the
said Police Officers to arrest the accused and have him before me forthwith at
the Magistrates' Court
at the Court House, .
|
|||||||
|
|
|
||||||
|
Dated this
|
day of
|
, 19
|
.
|
||||
Magistrate.
__________
C.P.C. FORM No, 19
FORM
No, 19.
(Section 217)
CONVICTION WHEN THE PUNISHMENT IS IMPRISONMENT
FIJI.
In the Magistrates' Court
at
|
Be it remembered that
on
|
day of
|
, 19
|
,
|
of
|
|
|
is convicted before me of
the following offence:-
|
|||
Statement of Offence
Particulars of Offence
|
and I adjudge him for his
said offence to be imprisoned in the prison at
|
||||
|
for the space
of
|
.
|
|||
|
Dated this
|
day of
|
, 19
|
.
|
|
Magistrate.
__________
C.P.C. FORM No. 20
CRIMINAL
PROCEDURE CODE
FORM
20.
(section 217)
CONVICTION FOR A FINE AND IN DEFAULT OF PAYMENT IMPRISONMENT
FIJI.
In the Magistrates' Court
at
|
BE it remembered that
on
|
day of
|
,19
|
,
|
|
is convicted before me of
the following offence:-
|
|
|
|
Statement of Offence
|
and I adjudge him for his
said offence to forfeit and pay the sum of
(a)
|
|||||||
|
to be paid and applied
according to law and also to pay to the said
|
|||||||
|
the sum of
|
for his costs in this behalf
and if the said several sums be not
|
||||||
|
paid forthwith
(or,
on or before
|
next) I adjudge the
said
|
||||||
|
|
to be imprisoned in
the
|
prison
|
|||||
|
for the space
of
|
unless the said several sums
(and the costs
|
||||||
|
and charges of conveying the
said
|
to the said prison)
|
||||||
|
shall be sooner
paid.
|
|||||||
|
Given under my hand the day
and year first above - mentioned at
|
.
|
||||||
Magistrate.
(a) Stating the penalty and the compensation (if any).
___________
C.P.C. FORM No. 21
PENAL
CODE
FORM
21.
(Section 28)
WARRANT OF COMMITMENT ON A CONVICTION WHERE THE PUNISHMENT IS BY IMPRISONMENT
FIJI.
In the Magistrates' Court
at
|
To all Police Officers in
Fiji and to the Officer in Charge of the
|
|
|
prison.
|
|
|
Whereas
|
late of
|
was this day duly
|
|
convicted before me of the
following offence:-
|
||
Statement of Offence
|
and it was thereby adjudged
that the said
|
|
||
|
for his offence should be
imprisoned in the
|
prison for
|
||
|
the space of
|
.
|
||
|
These are therefore to
command you the said Police Officers to take the said
|
||||
|
and convey him to
the
|
prison and deliver him to
the Officer in
|
|||
|
Charge thereof who is hereby
directed to imprison him for the space of
|
||||
|
Dated this
|
day of
|
, 19
|
.
|
|
Magistrate.
____________
C.P.C. FORM No. 22
PENAL
CODE
FORM
22.
(Section 37)
WARRANT OF COMMITMENT ON A CONVICTION AND IN DEFAULT OF PAYMENT IMPRISONMENT
FIJI.
In the Magistrates' Court
at
|
|
Case No.
|
|
|
Warrant No.
|
To all Police Officers in
Fiji and to the Officer in Charge of
the
prison.
|
Whereas
|
||||
|
late of
|
(hereinafter called the said
defendant) was on the
|
|||
|
|
(day of
|
, 19
|
, duly convicted before me
of
|
|
|
the following
offence:-
|
||||
Statement of Offence
and it was thereby
adjudged that the said defendant should for such his offence pay a
|
fine of
|
and
|
costs (and
|
|
|
for compensation) or in
default of payment be imprisoned in the
|
|||
|
prison for the space
of
|
;
|
||
And whereas the said
defendant hath made default.
These
are therefore to command you the said Police Officers to take the said
|
defendant and convey him to
the
|
prison and deliver him to
|
|
|
the Officer in Charge
thereof who is hereby directed to imprison him the said
|
||
|
defendant for the space
of
|
unless he shall sooner pay
the
|
|
|
following sums of
money:-
|
||
Fine....................................................... |
$
|
|
Costs..................................................... |
$
|
|
Compensation........................................ |
$
|
|
Warrant issuing fee ............................... |
$4.00
|
|
|
|
Total:
|
|
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate
(Form substituted by Rules 23rd August, 1965.)
________
C.P.C. FORM No. 23
WARRANT OF DISTRESS UPON A CONVICTION FOR A FINE
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
Whereas
|
late of
|
was on the
|
day of
|
|
duly convicted before me of the following offence:-
|
|||
Statement of Offence
Particulars of Offence
|
and it was thereby adjudged
that the said
|
should for such his
|
|||||
|
offence pay a fine
of
|
and should also pay to
|
the
|
||||
|
sum of
|
for costs and (and
compensation). And whereas the said
|
|||||
|
being so convicted as
aforesaid and being required to pay the said sums of
|
and
|
|||||
|
hath not paid the
same but therein hath made default. These are therefore to command you
|
||||||
|
in Her Majesty's name
forthwith to make distress of the goods and chattels of the said
|
||||||
|
|
and if within the space
of
|
days next
|
||||
|
after the making of such
distress the said sums together with the reasonable charges of
|
||||||
|
taking and keeping the
distress shall not be paid that you do sell the said goods and chattels
|
||||||
|
so by you distrained and do
pay the money arising by such sale unto the Clerk of the
|
||||||
|
Magistrates' Court
at
|
that he may pay and apply
the same as by
|
|||||
|
law directed and may render
the overplus if any on demand to the said
|
||||||
|
and if no such distress can
be found then that you certify the same unto me to the end that such further
proceedings may be had therein
as to the law doth appertain
|
||||||
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
Amount
adjudged:-
Fine .................................................................................... |
$
|
Costs.................................................................................... |
$
|
Compensation....................................................................... |
$
|
Less paid ....................................................... |
_________
$ _________ |
|
_________
$2.00 _________ |
|
$ |
|
And, in addition, the
charges of taking and keeping the distress ..........
|
$
|
N.B. -
If this warrant is executed outside the
local limits of the jurisdiction of the court issuing the same it must be
endorsed by a resident
or second class magistrate within the local limits of
whose jurisdiction such property is
found.
(Section 35).
RETURN
________
C.P.C. FORM No. 24
WARRANT OF COMMITMENT IN DEFAULT OF OR IN LIEU OF DISTRESS UPON A CONVICTION FOR A FINE
FIJI.
In the Magistrates' Court
at
|
|
Case No
|
|
|
Warrant No.
|
|
To all Police Officers in
Fiji and to the Officer in Charge of the
|
prison.
|
Whereas
|
late of
|
(hereinafter called the said
defendant), was on the
|
||
|
day of
|
, 19
|
, duly convicted before me
on the following offence:-
|
|
Statement of Offence
and it was thereby
adjudged that the said defendant should for such his offence pay a fine
|
of
|
and
|
for costs (and
|
for
|
|||
|
compensation
(a)*
(or in default of payment be imprisoned
in the
|
||||||
|
prison for the space
of
|
);
*(b)
AND whereas on the
|
|||||
|
day of
|
, 19
|
, a distress warrant was
issued for levying the said
|
||||
|
sum(s) but no sufficient
distress whereon to levy the same could be found;
|
||||||
*(b)
and whereas it appears that
*(b)
(distress and sale of the defendant's
property would be ruinous to him or his family)
*(b)
(the defendant has no property whereon
distress may be
levied).
*(a)
Delete if not
applicable)
*(b)
Delete whichever is inapplicable (see section 33(1) and (2) Penal
Code).
These are therefore to
command you the said Police Officers to take the said defendant and convey him
to the
prison and deliver him to the
Officer in Charge thereof who is hereby directed to imprison
|
him for the space
of
|
unless he shall sooner pay
the following
|
|
sums of money:-
|
|
Fine....................................... $
Costs........................................... $
Compensation .................................. $
Expenses of Distress ........................ $
Warrant issuing fee .......................... $2.00
|
|
Total: |
_________
________ |
|
Dated this
|
day of
|
,19
|
.
|
Magistrate.
(Form substituted by Rules 23rd August, 1965.)
C.P.C. FORM No. 25
CRIMINAL
PROCEDURE CODE
FORM
25.
(Section 217)
ORDER OF DISMISSAL OF A CHARGE
FIJI.
In the Magistrates' Court
at
|
Be it remembered that on
the
|
day of
|
, 19
|
, on the
|
||
|
complaint of
|
of
|
,
|
of
|
||
|
was charged before me with
the following offence(s):
|
|
|
|||
Statement of Offence
Particulars of Offence
and now both the said
parties appear before me in order that I should hear and determine
|
the said charge(s)
(or,
the said
|
appears before me but the
said
|
||||||||
|
|
although duly called does
not appear) whereupon the
|
||||||||
|
matter of the said charge(s)
being by me duly considered it manifestly appears to me that
|
|||||||||
|
the said charge(s) is/are
not proved and I do therefore dismiss the same (and do adjudge
|
|||||||||
|
that the said
|
do pay to the
said
|
the sum
|
|||||||
|
of
|
for his costs incurred by
him for his defence in this behalf and if the
|
||||||||
|
said sum for costs be not
paid I adjudge the said
|
to be
|
||||||||
|
imprisoned in
the
|
prison unless the said sum
for costs and charges
|
||||||||
|
of the said distress shall
be sooner paid).
|
|||||||||
|
Dated this
|
day of
|
, 19
|
.
|
||||||
Magistrate.
___________
C.P.C. FORM No, 26
PENAL
CODE
FORM
26.
(Section 36)
WARRANT OF DISTRESS FOR COSTS UPON AN ORDER OF DISMISSAL OF A CHARGE
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
Whereas
|
of
|
was charged before me on
the
|
||
|
day of
|
, 19
|
, with the following
offence(s):-
|
||
Statement of Offence
whereupon the matter of
the said charge(s) was duly considered by me and it manifestly
appearing to me that that said
charge(s) was/were not proved I therefore dismissed the
|
same and adjudged that the
said
|
should pay to the
said
|
||
|
the sum of
|
for his costs incurred by
him for his defence in this behalf and
|
||
|
|
has not paid the same but
therein has made default.
|
||
These are therefore to
command you in Her Majesty's name forthwith to make distress of
|
the goods and chattels of
the same
|
and if within the space
of
|
|
|
days next after making of
such distress the said sums together with the reasonable charges of taking and
keeping the distress shall
not be paid that you do sell the said goods and
chattels so by you distrained and do pay the money arising by such sale unto the
Clerk of the Magistrates' Court at that
he may pay and apply the same as by law directed and
may
|
||
|
render the overplus if any
on demand to the said
|
|
|
|
and if no such distress can
be found then that you certify the same unto me to the end that such further
proceedings may be had therein
as to the law doth appertain.
|
||
|
Dated this
|
day of
|
19
|
.
|
Magistrate.
N.B.
- If this warrant is executed outside the local limit of the jurisdiction of the
court issuing the same it must be endorsed by a
resident or second class
magistrate within the local limits of whose jurisdiction such property is
found.
(Section 36.)
RETURN
___________
C.P.C. FORM No. 27
FORM
27.
(Section 38)
WARRANT OF COMMITMENT FOR WANT OF DISTRESS UPON AN ORDER FOR DISMISSAL OF A CHARGE
FIJI
In the Magistrates' Court
at
|
To all Police Officers in
Fiji and to the Officer in Charge of the
|
prison.
|
Whereas on the
|
day of
|
on the complaint
of
|
|||
|
of
|
,
|
of
|
was charged before me with
the
|
||
|
following
offence(s):-
|
|
||||
Statement
of Offence
and the several proofs adduced to me in that behalf being by me duly heard and considered and it manifestly appearing to me that the said charge(s) was/were not proved I therefore
|
dismissed the same and
adjudged that the said
|
should pay
|
||
|
to the said
|
the sum of
|
for his costs incurred by
him
|
|
in his defence in that behalf and I ordered that if the said sum for costs should not be paid
|
the said
|
should be imprisoned in
the
|
|||||||
|
prison for the space
of
|
and whereas afterwards on
the
|
|||||||
|
day of
|
in the year aforesaid I
issued a warrant to all Police Officers
|
|||||||
|
in Fiji commanding them to
levy the said sum of
|
|
for costs by
distress
|
||||||
|
and sale of the goods and of
the said
|
|
; And whereas it appears to
me as
|
||||||
|
well by the return
of
|
to the said warrant as
otherwise that he hath made
|
|||||||
|
diligent search for the
goods and chattels of the said
|
but that no
sufficient
|
|||||||
distress whereon to levy the
sum abovementioned could be found.
|
These are therefore to
command you the said Police Officers to take the said
|
|
||||
|
and convey him to
the
|
prison and deliver him to
the Officer in Charge
|
||||
|
thereof who is hereby
directed to imprison him for the space of
|
|
unless
|
|||
|
the said sum and all costs
and charges of the said distress amounting to a further sum of
|
|||||
|
|
shall be sooner
paid.
|
||||
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
_________
*C.P.C. FORM No. 28
*Inserted by Rules 21st February, 1958.
CRIMINAL
PROCEDURE CODE
(Section
42)
AND PENAL
CODE
(Section
41)
Form 28.
RECOGNIZANCE FOR KEEPING THE PEACE
FIJI.
In the Magistrates' Court
at
We the undersigned severally
acknowledge ourselves to owe to Her Majesty the Queen
|
the several sums following
namely
|
of
|
|
,as
|
||||||
|
Principal the sum
of
|
|
and
|
of
|
and
|
|||||
|
|
of
|
in Fiji as surety the sum
of
|
each,
|
||||||
payment thereof to be enforced severally against us by due process of law if the said principal fail in the condition endorsed hereon.
|
.............................Principal
|
|||
|
.................................Surety
|
|||
|
...............................Surety
|
|||
|
Taken before me
this
|
day of
|
, 19
|
.
|
Magistrate.
|
CONDITION
|
||
|
The condition of the above
recognizance is such that if the above bounden principal
|
||
|
|
shall keep the peace and be
of good behaviour towards Her Majesty and all
|
|
|
Her liege people and
especially towards
|
for a term of
|
|
|
now next ensuing then the
said recognizance shall be void but otherwise shall remain in full
force.
|
||
*C.P.C. FORM No. 29
*Inserted by Rules 21st February, 1958
PENAL
CODE
Form
29.
(Section 42)
RECOGNIZANCE TO APPEAR AND RECEIVE SENTENCE
FIJI
In the Magistrates' Court
at
We the undersigned severally
acknowledge ourselves to owe to Her Majesty the Queen the
|
several sums following
namely
|
|
of
|
|||||
|
as principal the sum
of
|
dollars and
|
|
of
|
||||
|
and
|
of
|
as sureties the sum
of
|
|||||
|
|
dollars each, payment
thereof to be enforced severally against us by due
|
||||||
process of law if the said
principal fail in the condition hereon endorsed.
............................ Principal
.............................. Surety
.............................. Surety
|
Taken before me
this
|
|
day of
|
, 19
|
.
|
Magistrate.
CONDITION
|
The condition of the above
recognizance is such that if
|
|
the
|
|
|
above bounden principal who
was on the
|
day of
|
||
|
|
, 19
|
, convicted by the
Magistrates' Court at
|
of the offence
|
|||
|
of
|
contrary to
section
|
of the Penal Code shall
appear before
|
||||
|
the Magistrates' Court
at
|
to receive sentence when
called upon at any
|
|||||
|
time during the period
of
|
now next ensuing and in the
meantime keep
|
|||||
the peace and be of good behaviour then the said recognizance shall be void but otherwise shall remain in full force.
_______________
*C.P.C. FORM No, 30
*Inserted by Rules 21st February, 1958
CRIMINAL
PROCEDURE CODE
FORM
30.
(Section 116 (2))
DISTRESS WARRANT FOR SUMS DUE UNDER RECOGNIZANCE
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
|
Whereas
|
was by his recognizance
entered into on the
|
|
day
|
|||
|
of
|
, 19
|
, bound in the sum
of
|
dollars;
|
|||
And the condition of the
recognizance having been broken and sufficient cause not having
|
been shown why the penalty
should not be paid it was on the
|
day of
|
,
|
||
|
19
|
, adjudged by me that the
said recognizance should be forfeited and that he should
|
|||
|
pay the sum of
|
dollars;
|
|||
And default having been made
in payment.
These are therefore to
command you in Her Majesty's name forthwith to make distress of
|
the goods and chattels of
the said
|
(except the wearing apparel
of him and his
|
family, and, to the value of ten dollars, the tools and implements of his trade); and if within
|
the space of
|
days next after the making
of such distress, unless he consents in
|
writing to an earlier sale, the sum stated at the foot of this warrant together with the reasonable costs and charges of the making and keeping of the said distress be not paid then to sell the said goods, and pay the proceeds of the said distress to the Clerk of the Magistrates' Court at
|
|
that he may pay and apply
the same as by law directed and if no such
|
distress can be found to
certify the same to the said Court.
|
Dated the
|
day of
|
, 19
|
.
|
Magistrate
|
|
$
|
c.
|
||
|
|
Amount due under
recognizance.................................................
Paid............................................................................................. |
|
||
|
|
Remaining
due............................................................................
|
________
|
||
|
|
Costs of issuing this
warrant.......................................................
|
________
|
||
|
|
Amount to be
levied....................................................................
|
|
||
N.B. - If this warrant is
executed outside the local limits of the jurisdiction of the Court issuing the
same it must be endorsed
by a resident or second class Magistrate within the
local limits of whose jurisdiction such property is found (Section 36, Cap.
17).
*C.P.C. FORM No. 31
* Inserted by Rules 21st February, 1958.
CRIMINAL
PROCEDURE CODE
FORM
31.
(Sections 310 and 311)
In the matter of an Appeal
from the Magistrates' Court at
In
Criminal Case No.
PETITION OF APPEAL
To Her Majesty's Supreme
Court of Fiji.
|
The Petition of
|
sheweth-
|
||||||
|
1. That on the
|
day of
|
|
, 19
|
, your Petitioner was
convicted by
|
|||
|
the Magistrates' Court
at
|
of the
following:-
|
|
|||||
Statement
of
Offence
Particulars
of Offence
|
2. That upon his conviction
for the said offence your Petitioner was sentenced to
|
|
3. That your Petitioner
desires to appeal against the said conviction/sentence upon the following
grounds:-
|
Presented this
|
day of
|
, 19
|
.
|
..................................Appellant.
____________
*C.P.C. FORM No. 32
* Inserted by Rules 21st February, 1958.
CRIMINAL
PROCEDURE CODE
(Section
315)
FORM 32.
RECOGNIZANCE FOR BAIL ON APPEAL
FIJI.
In the Magistrates' Court
at
|
Whereas
|
was convicted of the offence
of
|
|
on
|
|||
|
the
|
day of
|
,19
|
, and now is in lawful
custody in respect of such
|
|||
offence and has presented (declared his intention of presenting) a petition of appeal against his conviction (and sentence) to the Supreme Court of Fiji and has been granted bail pending the determination of his appeal upon his entering into his own recognizance in the
|
sum of $
|
(with
|
surety each in the
sum
|
|
|
of $
|
)
|
||
|
Be it known that on
the
|
day of
|
, 19
|
, the said
|
|||
|
as principal
and
|
as surety and
|
|
as surety
|
|||
severally acknowledged themselves to owe to Her Majesty the Queen the several sums
|
following that is to say;
the principal the sum of
|
dollars each,
payment
|
thereof to be enforced
severally against them by due process of law if the principal fail in the
condition hereunder written.
CONDITION
|
The condition is that if he
the said
|
(shall duly present his
petition of
|
appeal within the time allowed
and) shall personally appear and surrender himself at and before the Supreme
Court on such date and
at such time and place as may be notified to him by the
Chief Registrar at the hearing of his appeal to such Court and at the final
determination thereof and abide by the judgment of the said Court and shall not
depart or be absent from such Court or from any such
hearing without the leave
of the said Court and in the meantime shall not depart out of Fiji then this
bond shall be void but otherwise
shall remain in full
force.
Taken before me:
.................................................. Principal
.......................................................... Surety
...........................................................Surety
Magistrate.
Note
- When released on bail my residence to which any notices, etc., are to be
addressed will be as follows:-
................................................. Appellant.
___________
*C.P.C. FORM No. 33
*Inserted by Rules 21st February, 1958
CRIMINAL
PROCEDURE CODE
FORM
33.
(Section 233)
WARRANT OF COMMITMENT FOR TRIAL
FIJI.
In the Magistrates' Court
at
|
To all Police Officers in
Fiji and to the Officer in charge of
|
Prison
|
|
Whereas
|
of
|
was this day charged before
me with the
|
following
offence:
Statement
of
Offence
Particulars
of Offence
and was duly committed for
trial to the Supreme Court of
Fiji.
These are therefore to
command you the said Police Officers in Her Majesty's name to take
|
the said
|
and safely convey him to the
|
prison aforesaid and there deliver him to the Officer in Charge thereof. And I do hereby
|
command you the said Officer
in Charge of the said prison to receive the said
|
|
in to your custody in the said
prison and there safely keep him until he shall be thence delivered in due
course of law.
|
Dated this
|
day of
|
19
|
.
|
Magistrate.
_____________
*C.P.C. FORM No. 34
* Inserted by Rules 21st February, 1958.
CRIMINAL
PROCEDURE CODE
FORM
34.
(Section 233)
RECOGNIZANCE OF BAIL ON COMMITTAL FOR TRIAL
FIJI.
In the Magistrates' Court
at
We the undersigned severally
acknowledge ourselves to owe to Her Majesty the Queen
|
the several sums following
that is to say
|
of
|
as principal
|
||||||
|
the sum of
|
dollars and
|
of
|
and
|
of
|
||||
|
|
as surety the sum of
|
dollars each, payment
thereof to
|
||||||
be enforced severally against
us by due process of law if the said principal fail in the condition endorsed
hereon.
|
Taken before me this
|
day of
|
|
19
|
.
|
...............................................Principal
....................................................Surety
....................................................Surety
Magistrate.
CONDITION
The condition of the above
recognizance is such that whereas the above bounden principal was this day
charged before me and committed
for trial to the Supreme Court of Fiji for the
following offence:-
Statement
of
Offence
Particulars
of Offence
|
If therefore the said
principal shall appear before the said Supreme Court at
|
|
|||
|
on the
|
day of
|
, 19
|
, at 10 o'clock in the
forenoon and there surrender
|
|
himself into the custody of
the Officer in charge of Her Majesty's prison there and plead to and take his
trial upon an information
against him for or in respect of the charge aforesaid
and not depart the said court without leave then the said recognizance shall
be
void but otherwise shall remain in full force.
_________
C.P.C. FORM No. 35
CRIMINAL
PROCEDURE CODE
FORM
35.
(Section
236)
_________
RECOGNIZANCE TO APPEAR AND GIVE EVIDENCE
FIJI.
In the Magistrates' Court
at
Case No.
Each
of us, the undermentioned persons, acknowledges for himself/herself that he/she
owes
|
to Her Majesty the Queen the
sum of
|
dollars payment thereof to
be enforced
|
enforced against him/her by
due process of law if he/she shall fail to comply with the condition endorsed
hereon.
|
Taken before me this
|
day of
|
, 19
|
.
|
Magistrate.
CONDITION
The condition of this recognizance in respect of each of the abovenamed persons is that if
|
he/she appears at the
Criminal Sessions of the Supreme Court sitting at
|
|
||||
|
commencing on
the
|
day of
|
, 19
|
at the hour of
|
o'clock
|
|
in the forenoon (or on such other day and at such other time during the Sessions as may be notified to him/her in writing by the Magistrate's Court by which he/she was ordered to enter into this recognizance, or by the Chief Registrar of the Supreme Court) to give
|
evidence upon the trial of
an information to be then and there preferred against
|
|
and appears at every time and
place to which during the course of the proceedings the said trial may be from
time to time adjourned,
unless the Court otherwise orders in the meantime; AND
also appears and gives evidence, if required by any such notice, at any further
examination concerning the charge against the said accused which may be held by
direction of the Director of Public Prosecutions,
then this recognizance shall
be void but otherwise shall remain in full force.
__________
*C.P.C. FORM No. 36
*Inserted by Rules 1st November, 1962.
CRIMINAL
PROCEDURE CODE
FORM
36.
(Section 106)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information
of
|
of
|
, who upon oath states that
he has
|
reasonable cause to suspect and he does suspect and believe that certain property, namely
|
(a)
|
upon, by or in respect of
which an offence has been committed ( or
|
|||
|
which is necessary to the
conduct of an investigation into an offence) is in a certain
(b)
|
||||
|
|
at(c)
|
of
(d)
|
|
|
And that the grounds of
such suspicion and belief are
(Signature of Informant).
|
Sworn before me
at
|
|
this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
(a)
describe article or
things.
(b)
building, ship, vehicle, receptacle or
place.
(c)
situation of building,
etc.
(d)
name of owner or person residing in or being in charge of the building,
etc.
_________
|
|
*C.P.C. FORM No. 37 |
* Inserted by Rules 1st November, 1962.
CRIMINAL
PROCEDURE CODE
FORM
37.
(Section 103)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To All Police Officers in
Fiji.
|
Whereas it is made to appear
to me by information on oath laid this day by
|
|
|||||
|
of
|
that there is reasonable
ground for suspecting that certain property, namely
|
|||||
|
(a)
|
in respect of which an
offence has been committed
(or
which is necessary
|
|||||
|
to the conduct of an
investigation into an offence) is in a certain
(b)
|
at
|
|||||
|
(c)
|
of
(d)
|
|
||||
|
You are hereby authorised
forthwith with proper assistance to enter the said
(b)
|
|
if necessary by force, and
there search for the property above mentioned and, if anything searched for be
found, or any other thing
which there is reasonable cause to suspect to have
been stolen or unlawfully obtained be found, to seize it and bring it before
this
Court to be dealt with according to law.
|
Dated this
|
day of
|
, 19
|
.
|
|
|
|
Magistrate
or Justice of the Peace
|
|||
(a)
describe article or
things.
(b)
building, ship, vehicle, receptacle or
place.
(c)
situation of building,
etc.
(d)
name of owner or person residing in or being in charge of the building,
etc.
_____________
*C.P.C. FORM No. 38
* Inserted by Rules 1st November. 1962.
PENAL
CODE
FORM
38.
(Section 164)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information
|
of
|
, the parent
(or
relative
or
person
|
||||||
|
acting in the interests)
of
|
a woman
(or
girl), who upon oath states that she
|
|||||||
|
has reasonable cause to
suspect and does suspect that the said
|
is unlawfully
|
|||||||
|
detained for immoral
purposes by
|
at
|
and is so detained against
|
||||||
|
her will
(or
she is under the age of sixteen, namely of the age of
|
years)
(or
she
|
|||||||
|
is under the age of
twenty-one, namely, of
|
years and is so detained
against the
|
|||||||
will the of her parent or any
person having lawful care or charge of
her)
And that the reasons for such
suspicion are
(Signature of informant).
|
Sworn before me
at
|
this
|
day of
|
19
|
.
|
Magistrate.
____________
*C.P.C. FORM No. 39
* Inserted by Rules 1st November, 1962.
PENAL
CODE
FORM
39.
(Section 164)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
To
|
a Police
Officer.
|
Whereas it is made to appear to me by information on oath laid this day by
|
|
of
|
, the parent
(or
relative or person acting in the
|
||||||
|
interests of)
|
a woman
(or
girl)
|
|||||||
|
that there is reasonable
cause to suspect that the said is
|
|
is
|
||||||
|
unlawfully detained for
immoral purposes by
|
|
|||||||
|
at
|
and is so detained against
her will
(or
she is under
|
|||||||
|
the age of sixteen, namely,
of the age of
|
years)
(or
she is under the age of
twenty-one,
|
|||||||
|
namely, of the age
of
|
years and is so detained
against the will of her parents or any
|
|||||||
person having lawful care of
charge of her).
|
You are hereby authorised to
enter the said premises (accompanied by the said
|
|
|
|
|
if he so desire) to search
for the said
|
|
and if she be found to remove
her therefrom and take her to and detain her in a place of safety until she can
be brought before a
magistrate.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
________
*C.P.C. FORM No. 40
* Inserted by Rules 1st November, 1962.
PENAL
CODE
FORM
40.
(Section 169)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information
of
|
of
|
who upon oath states that he has reasonable cause to suspect and does suspect that a (a part of) a
|
house situate
at
|
is used by a woman
(or
girl named
|
|||
|
|
purposes of prostitution and
that a man named
|
|||
|
|
,
|
residing in
(or
frequenting) the said house is
|
||
living wholly or in part on her earnings (or is exercising control, direction or influence over her
|
movements)
|
|
|
And that the reasons for
such suspicion are
|
(Signature of Informant).
|
Sworn before me
at
|
this
|
day of
|
, 19
|
.
|
Magistrate.
______________
*C.P.C. FORM No. 41
* Inserted by Rules 1st November, 1962.
PENAL
CODE
FORM
41.
(Section 169)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
Whereas it is made to appear
to me by information on oath laid this day by
|
|
||||
|
of
|
that there is reason to
|
||||
|
suspect that (a part of ) a
house situated at
|
is used by a woman
(or
girl) named
|
||||
|
|
for purposes of prostitution
and that a man named
|
||||
|
|
, residing in
(or
frequenting) the said house is living wholly
(or
in part)
|
||||
on her earnings
(or
is exercising control, direction or influence over her
movements).
|
You are hereby authorised to
enter and search the said house and to arrest the said
|
. |
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
__________________
*C.P.C. FORM No. 42
*Inserted by Rules 1st November, 1962.
GAMING
ACT
FORM
42.
(Section 13)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information
of
|
of
|
, who upon oath states
|
|
|
that he has reasonable
ground to suspect and does suspect and believe a certain place,
namely
|
|||
|
|
situated at
|
||
to be a common gaming
house.
And the grounds of such
belief are
(Signature of Informant).
|
Sworn before me at
|
this
|
day of
|
, 19
|
.
|
Magistrate.
_______________
*C.P.C. FORM No. 43
* Inserted by Rules 1st November. 1962.
GAMING
ACT
FORM
43.
(Section 13)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
Whereas it is made to appear
to me, the undersigned Magistrate, by sworn information laid this
|
day by
|
of
|
,
|
that there is (or Whereas of my own knowledge I the undersigned Magistrate, have) reasonable
|
ground to suspect and
believe a certain place, namely,
|
|
|
|
situate at
|
to be a common gaming
house.
|
|
You are hereby authorised
with such assistants as may be necessary, to enter and, if necessary, to break
into the said place and there
to search for and to seize all implements of
gambling, and also all moneys or securities for money, which may be either in
actual
use for the purpose of gambling or be found upon the persons of the
keepers of such place, and to arrest such persons as may be found
therein, to be
dealt with according to law.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
_____________
*C.P.C. FORM No. 44
*Inserted by Rules 1st November, 1962.
DANGEROUS
DRUGS ACT
FORM
44.
(Section 36)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information of
|
of
|
,
|
who upon oath states that he has reasonable ground to suspect and does suspect and does suspect that a certain drug or other substance, to which the Dangerous Drugs Act applies, is in contravention of the provisions of that Act being unlawfully kept (or landed or conveyed or
|
sold) in
(a)
|
at
|
And that the grounds of
such suspicion are
(Signature of Informant).
|
Sworn before me at
|
this
|
day of
|
, 19
|
.
|
Magistrate.
(a) building, ship, vehicle or place.
__________________
*C.P.C. FORM No. 45
* Inserted by Rules 1st November, 1962.
DANGEROUS
DRUGS ACT
FORM
45.
(Section 36)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To
|
Whereas I the undersigned
Magistrate, am satisfied by information on oath laid this day by
|
|
||
|
|
of
|
|
|
that there is reasonable ground to suspect that a certain drug or other substance to which the Dangerous Drugs Act applies is in contravention of the provisions of that Act being unlawfully kept (or landed or conveyed or sold) in (a)
|
|
at
|
.
|
|
You are hereby authorised
forthwith to enter, if need be by force, the said
(a)
|
|
|
|
|
and every part thereof
to
|
|
examine and to search for any
such drug or other article unlawfully kept therein, and to demand from the owner
or occupier thereof
the production of the authority for being in possession of
the same. And if there is reasonable cause to believe that any drug or
other
article, to which the Dangerous Drugs Act applies, found by you is being kept,
conveyed, landed or sold in contravention of the said Act, to seize and detain
the same to be
dealt with according to law.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
____________
*C.P.C. FORM No. 46
*Inserted by Rules 1st November, 1962.
DANGEROUS
DRUGS ACT
FORM
46
(Section 38 (2))
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information of
|
of
|
who upon oath states that he has reasonable ground to suspect and does suspect that certain drugs to which the Dangerous Drugs Act applies, are, in contravention of the provisions of that Act, in
|
the possession of or under
the control of
|
|
||||
|
in certain premises
at
|
(or
that a
|
||||
|
document relating to or
connected with a certain (intended) transaction or dealing, namely,
|
|
||||
|
|
which was
(or
would if carried out be) an offence against the said Act, is in the
|
||||
|
possession or control
of
|
in certain premises
at
|
).
|
|||
And that the grounds of
such suspicion are
(Signature of Informant).
|
Sworn before me
at
|
this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
_____________
C.P.C. FORM No 47
* Inserted by Rules 1st November, 1962.
DANGEROUS
DRUGS ACT
FORM
47.
(Section 38 (2))
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To
Whereas
I the undersigned Magistrate (or Justice of the Peace) am satisfied by
information on
|
oath laid this day
by
|
of
|
that
|
there is reasonable ground to suspect that certain drugs to which the Dangerous Drugs Act applies, are, in contravention of the provisions of that Act, in the possession of or under the
|
control of
|
in
|
||
|
certain premises
at
|
(or
that a document relating to or connected
|
||
|
with a certain (intended)
transaction or dealing, namely
|
|
||
which was (or would if carried out be) an offence against the said Act, is in the possession or
|
control of
|
in certain premises at
|
).
|
You are hereby authorised
to enter, if need be by force, the above - mentioned premises and to search the
said premises and any person
found therein, and if there be reasonable ground
for suspecting that an offence has been committed against the Dangerous Drugs
Act in relation to any such drugs which may be found in the premises or in the
possession of any person found therein, or that any document
which maybe found
is such a document as aforesaid, to seize and detain such drugs or documents, to
be dealt with according to law.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
___________
*C.P.C. FORM No. 48
* Inserted by Rules 1st November, 1962.
ARMS
AND AMMUNITION ACT
FORM
48.
(Section 30)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The information
of
|
of
|
who
|
|||||
|
upon oath states that he has
reasonable to suspect and does suspect and believe that
|
|
||||||
|
|
of
|
has in
|
|||||
|
his possession an arm
(or
ammunition), namely,
|
|
without
|
|||||
a licence
(or
in contravention of the conditions upon which a licence in respect thereof is
issued)
(or
for an unlawful purpose)
(or
whereof he cannot be left in possession without danger to the public
peace).
And that the grounds of
such suspicion and belief are
(Signature of Informant).
|
Sworn before me
at
|
this
|
Day of
|
,19
|
.
|
Magistrate.
______________
*C.P.C. FORM No. 49
*Inserted by Rule 1st November, 1962.
ARMS
AND AMMUNITION ACT
FORM
49.
(Section 30)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
Whereas I the undersigned
Magistrate have reason to believe by information on oath laid this day
|
by
|
of
|
, that
|
of
|
|
|
|
has in his possession an arm
(or
ammunition) namely,
|
|||
|
without a licence (
or
in contravention of the conditions upon which a licence in respect thereof
|
||||
is issued) (
or
for unlawful purpose)
(or
whereof he cannot be left in possession without danger to the public
peace).
You are hereby authorised
to enter with such assistants as may be necessary and search the house
|
or premises occupied by the
said at wherein there is reason to believe
that
|
|
the said arm
(or
ammunition) is to be found and to seize and bring before this Court
(or
the Magistrates' Court at ) such arm
(or
ammunition) and to arrest any person found in such
|
house or on such premises whom
you may have reason to suspect to have committed any offence punishable under
the Arms and Ammunition
Act.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
____________
*C.P.C. FORM No. 50
* Inserted by Rules 1st November; 1962.
LIQUOR
ACT
FORM
50.
(Section 85)
INFORMATION TO OBTAIN A SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
|
The complaint
of
|
of
|
, who upon oath
states
|
that he suspect and believes
liquor to have been sold at, or in, a place not licensed for such purpose namely
(a)
at
And
that the grounds of such suspicion and belief are
(Signature of Informant).
|
Sworn before me at
|
this
|
day of
|
, 19
|
.
|
Magistrate.
(a)
describe place and situation.
____________
*C.P.C. FORM No. 51
*Inserted by Rules 1st November, 1962.
LIQUOR
ACT
FORM
51.
(Section 85)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
Whereas it is made to appear
to me, the undersigned Magistrate, upon the complaint laid this day
|
by
|
Of
|
, that there is reasonable
grounds to
|
suspect and believe liquor to
have been sold at, or in, a place not licensed for that purpose, namely
(a)
You
are hereby authorised to enter and search such place and for that purpose to
break open any doors not opened within a reasonable
time after demand and to
seize all liquor and every receptacle in which the same shall be then and there
found by you.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate.
(a)
describe place and situation.
_______________
*C.P.C. FORM No. 52
*Inserted by Rules 1st November, 1962.
REGISTRATION
OF CLUBS ACT
FORM
52.
(Section 8)
INFORMATION TO OBTAIN A SEARCH WARRANT
|
The information
of
|
of
|
, who upon oath states
that
|
he has reasonable ground for supposing and does suppose that a certain club registered under the
|
Registration of Clubs Act,
named the
|
Club, at
|
,
|
is so managed or carried on as
to constitute a ground for striking such club off the
register.
And that the grounds of
such supposition are
(Signature of Informant).
|
Sworn before me
at
|
this
|
day of
|
,19
|
.
|
Magistrate or Justice of the Peace.
______________
*C.P.C. FORM 53
*Inserted by Rules 1st November, 1962.
REGISTRATION
OF CLUBS ACT
FORM
53.
(Section 8)
SEARCH WARRANT
FIJI.
In the Magistrates' Court
at
To all Police Officers in
Fiji.
Whereas I the undersigned
Magistrate
(or
Justice of the Peace) am satisfied by information on
|
oath laid this day
by
|
of
|
, that there is reasonable ground for supposing that a certain club, registered under the Registration of Clubs Act, named the
|
Club, at
|
is so managed or carried on
as to constitute a
|
ground for striking such club
off the register.
You are hereby
authorised to enter the premises of the said club, if need be by force, and to
inspect the said premises, to take the
names and addresses of any persons found
therein and to seize any books and papers relating to the business of the said
club.
|
Dated this
|
day of
|
, 19
|
.
|
Magistrate or Justice of the Peace.
_____________
C.P.C. FORM No. 54
CRIMINAL
PROCEDURE CODE
FORM
54.
(Section 236)
NOTICE
TO WITNESS BOUND OVER OF THE CONDITION OF
HIS
RECOGNIZANCE
Date: .......................
To:
.........................
You have
today entered into a recognizance in the sum of $ .......................
payable to Her Majesty the Queen which will be
enforced against you if you fail
to comply with the following condition:
CONDITION
The condition of this
recognizance is that if you appear at the Criminal Sessions of the Supreme Court
sitting at ..........................
commencing on the .................... day
of .................., 19...... at the hour of ........ o'clock in the forenoon
(or on
such other day and at such other time during the Sessions as may be
notified to you in writing by the Magistrate's Court by which
you were ordered
to enter into the recognizance, or by the Chief Registrar of the Supreme Court)
to give evidence upon the trial
of an information to be then and there preferred
against ...................... and appear at every time and place to which
during
the course of the proceedings the said trial may be from time to time
adjourned, unless the Court otherwise orders in the meantime,
and also appear
and give evidence, if required by any such notice, at any further examination
concerning the charge against the said
accused which may be held by direction of
the Director of Public Prosecutions, then this recognizance shall be void but
otherwise
shall remain in full
force.
This means that you must
appear before the Supreme Court at .............. on the.................... day
of ............................,
19.... at...a.m. unless, inhttp://a.m.unless.in/
the meantime, you receive from the Magistrate's Court, or from the Chief
Registrar, a written notice to appear at the Supreme Court
on a different day or
at a different time. And that if you receive a written notice to appear at the
Magistrate's Court on any further
examination concerning the charge against the
said ...................................... you must comply with such notice.
Clerk of the Court
......................... Magistrate's Court.
*
Delete in the case of an adult (vide sec. 34 of Cap. 17).
____________
C.P.C. FORM No. 55
CRIMINAL
PROCEDURE CODE
FORM
55.
(Section 236)
NOTICE TO WITNESS TO APPEAR ON A DATE OTHER THAN THAT SPECIFIED IN HIS RECOGNIZANCE
Date: ............................
To:
.........................
WHEREAS
on the .................... day of ................. , 19......., you entered
into a recognizance in the ...........................
Magistrate's Court and
due notice was given to you of the condition of that
recognizance.
NOW THEREFORE I do
hereby notify you that you are required to appear at the Criminal Sessions of
the Supreme Court sitting at ..........................on
the
..................day of ......... 19......., at the hour of.......... o'clock
in the .................. noon to give evidence
upon the trial of an information
to be then and there preferred against ................................ and to
appear at every time
and place to which during the course of the proceedings the
said trial may be from time to time adjourned.
Chief Registrar/Clerk of the Court
........................ Magistrate's Court.
______________
C.P.C. FORM No. 56
CRIMINAL
PROCEDURE CODE
FORM
56.
(Section 236)
NOTICE TO WITNESS TO APPEAR AND GIVE EVIDENCE AT FURTHER EXAMINATION BEFORE THE MAGISTRATE'S COURT
Date: .......................
To:
.........................
WHEREAS
on the .........................day of .................., 19 ......., you
entered into a recognizance in the ..............................
Magistrate's
Court and due notice was given to you of the condition of that
recognizance.
NOW THEREFORE I do
hereby notify you that you are required to appear at the
........................ Magistrate's Court on the ..................
day
of................... 19......, at......... o'clock in the .........noon and to
give evidence at a further examination concerning
the charge against
...................... which is to be held by direction of the Director of
Public Prosecutions.
Chief Registrar/Clerk of the Court
...................... Magistrate's Court.
_________________
C.P.C. FORM No. 57
CRIMINAL
PROCEDURE CODE
FORM
57.
(Section 88)
NOTICE OF INTENTION TO CITE PREVIOUS CONVICTIONS
To
......................................................................................................................................................
of
......................................................................................................................................................
You are hereby given notice that if,
but only if, you are convicted of [any of] the offence[s] of
|
|
|
|||
|
in respect of which you are
summoned to appear before the Magistrate's Court at
|
on the
|
|||
|
|
, 19
|
, the convictions which are
recorded against you and are set out below
|
||
(and on the attached sheets)
will be brought to the notice of the Court: and if you are not present in person
before the Court, the
Court may take account of any such previous conviction as
if you had appeared and admitted it.
|
Date
of
conviction |
Court
|
Offence
|
Sentence
|
Signed
[Prosecutor]
Note:
(1) If you do not intend to appear in person at the hearing and you dispute any of the above convictions, or any of the details in connexion with them, you should immediately
|
notify the Prosecuting
Officer at*
|
so that further inquiries
can
|
be made.
*State address.
(2) Nothing in this notice limits in any way your right to appear in person on the date fixed for the hearing and to dispute any conviction alleged against you.
(3) This notice MUST be served seven clear days before the day on which it is intended to cite the previous convictions.
_______________
C.P.C. FORM No. 58
CRIMINAL
PROCEDURE CODE
FORM
58.
(Section 216)
IN THE
...................... COURT
Holden at ...........................................
Criminal Case No........... of ..............
REGINA
v
...................................
OTHER OFFENCES TO BE TAKEN INTO CONSIDERATION
Whereas on the
.............. day of ...........................I was convicted by this Court
of the following offence-
Statement
of
Offence
Particulars
of Offence
AND WHEREAS I admit I have
committed the other untried offences of a like character set out in the
Schedule.
NOW THEREFORE I consent
to the Court taking into consideration such admitted offences in passing
sentence against me.
Dated this
........... day of............................. , 19..........
.......................................
Accused Person
I hereby also
consent.
Dated this
............................ day of ..........................................,
19 ..............
................................................
Prosecutor
(Set out below in numbered
paragraphs the statement of offence and the particulars thereof, in respect of
each offence to be taken
into consideration).
______________
SECTION
349 - CRIMINAL PROCEDURE
CODE
(ALLOWANCES TO
WITNESSES AND ASSESSORS) RULES
Made by the Chief Justice
Rules
26th Jan. 1971, 18th Sep.,
1973,
10th Jul.
1978,
Short title
1. These Rules may be
cited as the Criminal Procedure Code (Allowances to Witnesses and Assessors)
Rules.
Allowances
2. Witnesses attending at
trials or inquiries before a Magistrate's Court or the Supreme Court and
assessors attending trials at the
Supreme Court may be granted such allowances
for their attendance and such sums for expenses not exceeding the respective
amounts
specified in the second column of the
Schedule:
Provided that the court
may-
(a) disallow any such allowance or expenses in respect of any, person in any case, for good cause which shall be noted on the record; and
(b) allow an increase in any such allowance not exceeding a total increase of $10 in respect of any one person for any one day where it is satisfied that the witness or assessor has suffered other expenses or additional pecuniary loss in excess of the allowance granted under the provisions of this rule.
1st Column |
2nd Column |
|
1. ALLOWANCES:
|
|
(a) Assessors............................ |
$12.00 a day
|
(b) Expert witnesses, professional men, merchants, bankers, persons in business on their own account, company directors and managers. |
$10.00 a day but, if
attending for not more than two hours on a day, $5.00 for such day.
|
|
$6.00 a day but, if
attending for not more than two hours on a day, $3.00 for such day.
|
|
2. TRAVELLING
EXPENSES:.................
|
When official transport is not provided the amount of the fares by public service bus but, in respect of persons specified in paragraph (b) of item l, and in respect of other persons where public service buses are not available, the actual or reasonable cost of transport incurred. |
|
3. SUBSISTENCE
EXPENSE:.................
|
(a) If necessarily absent overnight from place of residence the actual cost of board and lodging reasonably incurred. (b) If not necessarily absent overnight but the place of residence of the person is more than two miles distant from the court and the attendance exceeds four hours or includes a luncheon adjournment, $1.50 in respect of each meal. |
Controlled by Ministry of the Attorney-General
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