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	Pacific Judicial Development Program
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PJDP Benchbook - Table of contents

Table of Contents

1 The Legal Context

1 The Constitutional Framework of Niue

1.1 Niue’s Constitution
1.2 The Branches of Government in Niue

2 The Niue Court System

2.1 General Characteristics of the Niue Court System
2.2 The Structure of the Niue Court System
2.3 A Brief Description of the Courts

3 The Law

3.1 Sources of Law in Niue
3.2 The Constitution
3.3 Legislation
3.4 Common Law
3.5 Customary Law

2 Judicial Conduct

1 Ethical Principles

1.1 “Well and Truly Serve”
1.2 “In Accordance with the Constitution and the Law”
1.3 “Do Right”
1.4 “All Manner of People”
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

3 Working as a Panel

3 Introduction to the High Court

1 Introduction
2 Governing Legislation
3 Composition of the Court

3.1 Judges
3.2 Commissioners
3.3 Justices of the Peace
3.4 Other Officers of the Court

4 Jurisdiction of Commissioners and Justices

4.1 Jurisdiction Defined
4.2 General Jurisdiction
4.3 Criminal Jurisdiction
4.4 Sentencing Jurisdiction
4.5 Table of Criminal Jurisdiction under the Niue Act 1966
4.6 Table of Criminal Jurisdiction under the Niue Transport Act 1965
4.7 Civil Jurisdiction

5 Transfer of Cases

4 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 The Warning to a Witness against Self Incrimination
7.8 Identification Evidence by Witnesses

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

5 Criminal Responsibility

1 Introduction
2 Principles of Criminal Law

2.1 Innocent Until Proved Guilty
2.2 Burden and Standard of Proof
2.3 Beyond Reasonable Doubt
2.4 What Must be Proved

3 Criminal Responsibility
4 Rules Relating to the Mens Rea of an Offence and to Involuntary Acts

4.1 Negligence, Involuntary Acts and Accidents
4.2 Mistake of Fact
4.3 Intoxication
4.4 Immature Age: ss. 237A & 238A Niue Act 1966

5 Rules Relating to Excuses or Special Circumstances

5.1 Compulsion (or Duress)
5.2 Defence of Person or Property

6 Parties to Offences

6.1 Principal Offenders
6.2 Accessories
6.3 Prosecution of a Common Purpose
6.4 Accessories After the Fact
6.5 Conspiracy

6 Criminal Proceedings

1 Criminal Procedure in the High Court
2 How a Case Gets to Court

2.1 The Information
2.2 The Summons
2.3 Warrant for Arrest

3 First Appearance

3.1 Non-Appearance by the Accused
3.2 Dispensing with Attendance of Accused

4 Putting the Charge to the Accused

4.1 Identifying the Accused
4.2 The Prosecution
4.3 Defence Counsel
4.4 Explaining the Charge to the Accused

5 Plea

5.1 Pleas Generally
5.2 Fitness to Plead
5.3 Guilty Plea
5.4 Guilty Plea by Letter
5.5 Entering Conviction
5.6 Not Guilty Plea

6 Trial

6.1 The Un-represented Accused
6.2 Prosecution Case
6.3 No Case to Answer
6.4 The Defence
6.5 Conclusion of Case

7 Management of Proceedings

1 General Organisation for Court
2 The Evidence Sheet

2.1 General
2.2 Endorsing the Evidence Sheet

3 Order of Calling Cases

4 Disclosure
5 Adjournments
6 Allowing Accused at Large
7 Remand and Bail

7.1 Remand in Custody
7.2 Bail

8 The Mentally Ill Accused
9 Victims

9.1 Checklist

9.2 Judicial Language and Comment
9.3 Victims of Sexual Offences

10 Child Witnesses
11 Unrepresented Accused
12 Disruption and Misbehaviour
13 Rehearing of Criminal Proceedings
14 Case Management

8 Judgment

1 Decision Making

1.1 Principles Governing Decision Making

2 Deliberations
3 A Structured Approach to Making a Decision

4 Delivering a Decision

9 Sentencing

1 Introduction
2 Jurisdiction
3 Sentencing Principles

4 Sentencing Discretion

4.1 Factors Influencing Sentence
4.2 Previous Convictions
4.3 Plea of Mitigation
4.4 Further Information and Reports
4.5 Consistency

5 A Structured Approach to Sentencing
6 Types of Sentences

6.1 Imprisonment
6.2 Fines
6.3 Conditional/Unconditional Discharge: s. 281(1) Niue Act
6.4 Discharge without Conviction: s. 281(3) Niue Act
6.5 Order to Come up for Sentence: s. 280 Niue Act
6.6 Disqualification from Driving
6.7 Compensation for Loss of Property

10 Common Offences

Common Assault
Dangerous Driving

Careless Driving

Reckless or Negligent Driving
Driving Under the Influence of Drink or Drugs
Burglary
Causing Actual Bodily Harm
Possession of Arms or Ammunition
In Charge of a Firearm while Drunk or Drugged