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[F.A.Q.]
Fiji Consolidated 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.