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	Pacific Judicial Development Program
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PJDP Benchbook - Table of Contents

Table of Contents

1: The Law and Constitutional Framework

1 Introduction

2 The Rule of Law

3 Sources of Law

3.1 The Fiji Constitution

3.2 Statute Law

3.3 Customary Law

3.4 Common Law

4 The Branches of the State

4.1 The Parliament

4.2 Executive Government

4.3 The Judiciary

5 Jurisdiction

2: Fiji Magistrates’ Court

1 Introduction

2 Governing Legislation

3 Composition of the Court

3.1 Magistrates

3.2 Clerk of the Court

3.3 Other Officers of the Court

4 Jurisdiction

4.1 General Powers

4.2 Territorial Jurisdiction

4.3 Criminal Jurisdiction

4.4 Sentencing Jurisdiction

4.5 Exemptions

4.6 Civil Jurisdiction

4.7 Appellate Jurisdiction

5 Transfer of Cases

5.1 Territorial Transfer

5.2 Transfers to the High Court

3: Criminal Law and Human Rights

1 Introduction

2 Right to a Fair Hearing within a Reasonable Time by an Independent and Impartial Court

3 Presumption of Innocence

4 Right to Freedom from Cruel or Degrading Treatment

5 Right to an Interpreter

6 Right to Adequate Time and Facilities Including Right to Counsel

7 Right to Not Give Evidence in Court

8 Right to be Present in Court

9 Right to Not be Found Guilty of a Criminal Offence if, at the Time, it Does Not Constitute an Offence

10 Right to Not be Tried Again for Same Offence

4: Judicial Conduct

1 Ethical Principles

1.1 “Well and Truly Serve”

1.2 “Do Right”

1.3 “All Manner of People”

1.4 “The Laws and Usages of the Republic”

1.5 “Without Fear or Favour, Affection or Ill Will”

2 Conduct in Court

2.1 Preparing for a Case

2.2 Principle that Affected Parties have the Right to be Heard

2.3 Courtroom Conduct

2.4 Maintaining the Dignity of the Court

2.5 Communication in Court

5: Evidence

1 Introduction

2 Classification of Evidence

2.1 Classification by Form

2.2 Classification by Content

3 Documentary Evidence

4 Real Evidence

5 Exhibits

6 Oral Evidence

7 Evidentiary Issues Relating to Witness Testimony

7.1 Competence and Compellability of Witnesses

7.2 Examination of Witnesses

7.3 Leading Questions

7.4 Refreshing Memory

7.5 Lies

7.6 Corroboration

7.7 Hostile Witnesses

7.8 The Warning to a Witness against Self Incrimination

7.9 Identification Evidence by Witnesses

7.10 Visiting the Scene

8 Rules of Evidence

8.1 Introduction

8.2 Burden and Standard of Proof

8.3 Judicial Notice

8.4 Admissibility of Evidence

8.5 Best Evidence Rule

8.6 Hearsay Rule

8.7 Opinion Evidence

8.8 Character Evidence

6: Criminal Responsibility

1 Introduction

2 Rules Relating to the Mens Rea of an Offence and to Involuntary Acts

2.1 Ignorance of the Law: s7 Penal Code

2.2 Bona-fide Claim of Right: s8 Penal Code

2.3 Intention, Involuntary Acts and Accident: s9 Penal Code

2.4 Mistake of Fact: s10 Penal Code

2.5 Insanity: s11 Penal Code

2.6 Intoxication: s13 Penal Code

2.7 Immature Age: s14 Penal Code

3 Rules Relating to Excuses or Special Circumstances

3.1 Compulsion (or Duress): s16 Penal Code

3.2 Defence of Person or Property: s17 Penal Code

4 Parties

4.1 Principal Offenders and Accessories: s21 Penal Code

4.2 Prosecution of a Common Purpose: s22 Penal Code

4.3 Accessories After the Fact: ss388 – 390 Penal Code

4.4 Conspiracy: ss385-387 Penal Code

7: Management of Proceedings

1 General Organisation for Court

2 The Evidence Sheet

2.1 General

2.2 Endorsing the Criminal Evidence Sheet

2.3 Common Abbreviations

3 Order of Calling Cases

4 Disclosure

5 Adjournments

6 The Mentally Ill Defendant

7 Cultural Knowledge

8 Victims

8.1 Checklist

8.2 Judicial Language and Comment

8.3 Victims of Sexual Offences

9 Child Witnesses

10 Unrepresented Defendants

11 Disruption and Misbehaviour

12 Case Management

8: Pre-Trial Matters

1 The Criminal Process

2 The Charge

2.1 General Requirements

2.2 Validity of the Charge

2.3 Duplicity

3 Processes to Compel the Appearance of Defendants

3.1 Summons

3.2 Warrant of Arrest

4 Transfer of Cases

9: First Appearance

1 General

2 Non-Appearance by the Defendant

3 Dispensing with Attendance of Defendant

4 Unrepresented Defendant

5 Putting the Charge to the Defendant

6 Reconciliation

7 Pleas

7.1 Pleas Generally

7.2 Taking the Plea

7.3 Fitness to Plead

7.4 Guilty Plea

7.5 Not Guilty Plea

8 Election

10: Defended Hearings

1 Magistrate’s Notes

2 Hearing Outline and Procedure

2.1 Appearance/ Non-Appearance of Parties

2.2 Part-Heard Applications

2.3 Admission of Facts

2.4 Plea of Guilty to Other Offence

3 Unrepresented Defendant at Trial

4 No Case to Answer

5 Evidential Matters

5.1 The Warning to a Witness Against Self-Incrimination

5.2 Identification

5.3 Evidence of Defendant and Spouse in Criminal Cases

5.4 Defendants Charged Jointly

5.5 Corroboration

5.6 Lies

6 Amending the Charge

6.1 General

6.2 Procedure

6.3 Procedure if Amended Charge is to be Heard by You

7 Exhibits

7.1 Production

7.2 Marking of Exhibits by Witness

8 Application for Change of Plea

9 Withdrawal of Complaint

10 Order of Acquittal Bar to Further Procedure

11: Bail

1 Introduction

2 Jurisdiction

3 Applications for Bail

4 Considering Bail Applications

4.1 Presumption in Favour of Bail

4.2 Case Against the Presumption of Bail

4.3 Primary Consideration

4.4 Other Statutory Considerations

4.5 Right to Bail for Certain Offences

4.6 Young Accused Persons

4.7 Accused Appealing Against Conviction or Sentence

4.8 Accused in Custody for 2 Years of More

4.9 Case Law

5 Granting Bail

5.1 General

5.2 Conditions

5.3 Continuation of Bail

6 Refusal of Bail

7 Review

8 Appeals

9 Breaches and Penalties

12: Judgment

1 A Structured Approach to Defended Criminal Cases

2 Note Taking

3 Delivering your Judgment

3.1 Judgment Format

13: Sentencing

1 Introduction

2 Jurisdiction

3 Sentencing Principles

4 Sentencing Discretion

5 A Structured Approach to Sentencing

5.1 The Tariff

5.2 The Starting Point

5.3 Aggravating and Mitigating Factors

5.4 Scaling to the Appropriate Sentence

5.5 Totality Principle

6 Sentencing Checklist

7 Consideration of Other Offences

8 Sentencing Format

9 Types of Sentence

9.1 Corporal Punishment

9.2 Imprisonment

9.3 Suspended Sentences

9.4 Probation of Offenders

9.5 Supervision

9.6 Fines

9.7 Security for Keeping the Peace

9.8 Absolute and Conditional Discharges

9.9 Police Supervision

9.10 General Punishment for Misdemeanours

9.11 Community Work Orders

9.12 Costs

9.13 Compensation

9.14 Restitution

14: Appeals/Revisions/Cases Stated

1 Appeals

1.1 Appeals by Petition

1.2 Procedure for Appeal by Petition

2 Revision

2.1 Powers of the High Court on Revision

2.2 Limits to Revision

3 Cases Stated

15: Juvenile Justice

1 Introduction

2 Definitions

3 Criminal Responsibility of Juveniles

4 A Separate Court

4.1 The Media

5 Procedure in Juvenile Courts

5.1 Accepting a Plea

5.2 Bail

5.3 Defended Hearing

6 Sentencing of Juvenile Offenders

6.1 Pre-sentencing Matters

6.2 Sentencing Options

6.3 Mental Treatment

6.4 Fines

6.5 Restorative Justice

6.6 Special Considerations Regarding Detention of Juveniles

6.7 Selecting a Place of Detention

7 Rights of the Juvenile Defendant

16: Common Offences

False Pretences Under s309(a)

False Pretences Under s309(b)

Simple Larceny (Theft)

Conversion Under s279(1)(a)

Conversion Under s279(1)(b)

Conversion Under s279(1)(c)

Burglary

Abuse of Office

Acts Intended to Cause Grievous Harm or Prevent Arrest

Robbery

Robbery (with Violence)

Rape

Indecent Assault on a Female

Indecently Insulting or Annoying a Female

Defilement of Girl Under Thirteen Years

Defilement of Girl Between Thirteen and Sixteen Years

Defilement of Female Under Severe Abnormality

Dangerous Drugs

Causing Death by Reckless or Dangerous Driving

Receiving Stolen Property