Island Courts Act [Cap 167]

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 167

ISLAND COURTS

SECTION

1.Establishment of island courts
2. Supervising magistrate
3. Constitution of island courts
4. Clerks of courts
5. Sittings
6. Jurisdiction
7. Criminal jurisdiction
8. Civil jurisdiction
9. Joint sittings
10. Application of customary law
11. Limitation on penalties
12. Limitation on amount of judgments
13. Power of court in civil proceedings
14. Confirmation of sentence of imprisonment
15. Power of court on conviction
16. Community work
17. Compensation to aggrieved person
18. Non payment of fine etc.
19. Failure to obey order of court
20. Enforcement
21. Revision
22. Appeals
23. Power of court on appeal
24. Disposal of fines
25. Evidence
26. Disqualification
27. Representation
28. Records
29. Rules

To provide for island courts for the Republic.

ESTABLISHMENT OF ISLAND COURTS

1. (1) The Chief Justice by warrant under his hand may establish throughout Vanuatu such island courts as he shall think fit which shall exercise within such limits as may be defined by such warrant the jurisdiction therein defined and such jurisdiction as may be conferred by this or any other Act on island courts generally.

(2) The Chief Justice may at any time suspend, cancel or vary any warrant establishing an island court or defining the jurisdiction of any such court or the limits within which such jurisdiction may be exercised.

SUPERVISING MAGISTRATE

2. (1) As soon as practicable after an island court has been established, the Chief Justice shall nominate a magistrate to be the supervising magistrate for that island court.

(2) Subject to the provisions of this Act a supervising magistrate shall have such powers, functions and duties in respect of an island court as the Chief Justice may prescribe.

CONSTITUTION OF ISLAND COURTS

3. (1) The President of the Republic acting in accordance with the advice of the Judicial Service Commission shall appoint not less than three justices knowledgeable in custom for each island court at least one of whom shall be a custom chief residing within the territorial jurisdiction of the court.

(2) A person may be appointed a justice for more than 1 island court.

(3) A justice shall be paid such allowances as the Chief Justice may determine.

(4) An island court shall be properly constituted when three justices nominated by the clerk are sitting.

CLERKS OF COURTS

4. (1) The Chief Justice acting in accordance with the advice of the Judicial Service Commission shall appoint a clerk and such deputy clerks for each island court as necessary.

(2) The clerk or deputy clerk shall keep proper minutes and records of all proceedings of the court and shall keep such registers and furnish such returns as the Chief Justice may from time to time direct.

(3) The clerk or deputy clerk shall be responsible for the collection of all fees and fines imposed by the court.

SITTINGS

5. An island court may hold sittings at any place within its territorial jurisdiction and at any date.

JURISDICTION

6. Every island court shall have full jurisdiction to the extent set forth in its warrant and subject to the provisions of this Act, over causes and matters in which all the parties are resident or being within the territorial jurisdiction of the court.

CRIMINAL JURISDICTION

7. The criminal jurisdiction of an island court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all criminal charges and matters in which any person is accused of having wholly or in part within the territorial jurisdiction of the court, committed or participated in the commission of the offence.

CIVIL JURISDICTION

8. The civil jurisdiction of an island court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all civil matters in which the defendant is ordinarily resident within the territorial jurisdiction of the court or within which the cause of action shall have arisen provided that civil proceedings relating to land shall be taken in the island court within the territorial jurisdiction of which the land is situated.

JOINT SITTINGS

9. (1) Where the subject matter of a civil action extends to the territorial jurisdiction of more than 1 island court, the supervising magistrate of the island court shall direct that a joint sitting of both island courts be held to deal with the action.

(2) A joint sitting shall consist of two justices from each court.

(3) The provisions of this Act shall apply to the joint sitting as though it were sitting as a single island court.

APPLICATION OF CUSTOMARY LAW

10. Subject to the provisions of this Act an island court shall administer the customary law prevailing within the territorial jurisdiction of the court so far as the same is not in conflict with any written law and is not contrary to justice, morality and good order.

LIMITATION ON PENALTIES

11. In the exercise of its criminal jurisdiction, an island court shall not impose a fine in excess of VT24,000 or impose a sentence of imprisonment in excess of 6 months.

LIMITATION ON AMOUNT OF JUDGMENTS

12. In the exercise of its civil jurisdiction an island court shall not award compensation or damages in excess of VT50,000.

POWER OF COURT IN CIVIL PROCEEDINGS

13. In civil proceedings an island court in addition to any other powers it may have may make any or a combination of the following orders-

CONFIRMATION OF SENTENCE OF IMPRISONMENT

14. (1) Where an island court sentences a person to imprisonment for any period exceeding 14 days, such sentence shall not be carried out until it is confirmed by the magistrate having supervisory jurisdiction over that court.

(2) The term of imprisonment of such person shall commence on the day on which he is taken into custody in pursuance of the confirmation of the sentence as aforesaid.

(3) A person sentenced by an island court to a term of imprisonment shall be detained in a prison established under the Prisons Administration Act, Cap. 20.

POWER OF COURT ON CONVICTION

15. An island court by whose conviction any fine is adjudged to be paid may do all or any of the following things-

COMMUNITY WORK

16. (1) Notwithstanding the provision of this Act or any other written law to the contrary where an island court sentences a person to a term of imprisonment of 2 months or less the court may as an alternative to such person undergoing imprisonment order such person to perform specified work or work of a specified kind for community purposes for a period of 8 hours a day, 6 days a week in such manner and subject to such conditions as to supervision or otherwise as the court may specify in the order.

(2) Any person undergoing community work who absents himself from such work without lawful excuse when he should be engaged thereat shall be guilty of an offence and shall on conviction before an island court be liable to a term of imprisonment not exceeding 1 month.

COMPENSATION TO AGGRIEVED PERSON

17. An island court may direct any fine, or such part thereof as it deems fit, to be paid to the person injured or aggrieved by the act or omission in respect of which the fine has been imposed on condition that such person, if he shall accept the same, shall not have or maintain any action for the recovery of damages for the loss or injury sustained by him by reason of such act or omission.

NON-PAYMENT OF FINE ETC.

18. Any person who fails without reasonable cause (the burden of proof of which is on him) to obey an order of an island court for the payment of compensation, damages or a fine shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding 1 week for each VT1,000 or part of VT1,000 unpaid or where compensation or damages is ordered otherwise than in money, for each VT1,000 or part of VT1,000 of the value of the compensation or damages not rendered.

FAILURE TO OBEY ORDER OF COURT

19. Any person who fails, without reasonable cause (the burden of proof of which is on him) to obey an order of or a summons to attend before, an island court shall be guilty of an offence and shall be liable to a fine not exceeding VT24,000 or imprisonment not exceeding 6 months or to both.

ENFORCEMENT

20. Any person who-

REVISION

21. (1) The supervising magistrate of an island court shall at all times have access to the island courts in his jurisdiction and to the records of such courts.

(2) Subject to subsection (3), on the application of any person or on his own motion such supervising magistrate may-

(3) The supervising magistrate shall not have jurisdiction to review any proceedings or case of an island court where the same concerns a dispute as to ownership of land.

APPEALS

22. (1) Any person aggrieved by an order or decision of an island court may within 30 days from the date of such order or decision appeal therefrom to-

(2) The court hearing an appeal against a decision of an island court shall appoint two or more assessors knowledgeable in custom to sit with the court.

(3) The court hearing the appeal shall consider the records (if any) relevant to the decision and receive such evidence (if any) and make such inquiries (if any) as it thinks fit.

(4) An appeal made to the Supreme Court under subsection (1)(a) shall be final and no appeal shall lie therefrom to the Court of Appeal.

(5) Notwithstanding the 30 day period specified in subsection (1) the Supreme Court or the magistrate's court, as the case may be, may on application by an appellant grant an extension of such period provided the application therefore is made within 60 days from the date of the order or decision appealed against.

POWER OF COURT ON APPEAL

23. The court in the exercise of appellate jurisdiction in any cause or matter under section 22 of this Act may-

DISPOSAL OF FINES

24. Subject to the provisions of this Act, a fine imposed by an island court shall be paid to the Treasury.

EVIDENCE

25. In any proceedings before it, an island court shall not apply technical rules of evidence but shall admit and consider such information as is available.

DISQUALIFICATION

26. If a justice or an assessor has any personal interest or bias in any proceedings he shall be disqualified from hearing the same.

REPRESENTATION

27. No legal practitioner shall be entitled to take any part in the proceedings of an island court.

RECORDS

28. (1) So far as practicable an island court shall keep a record of its proceedings in the prescribed form.

(2) Such record of proceedings shall be certified as correct by the island court clerk, and when so certified is prima facie evidence of the matters set out in it.

RULES

29. The Chief Justice may make rules governing the procedure and practice of island courts and generally for the effectual exercise of jurisdiction by such courts and may by such rules prescribe the fees payable in such courts, and may prescribe all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

ORDER 1. Application

Application

ORDER 2. Interpretation

Interpretation

ORDER 3. Forms and fees

1. Forms
2. Fees

ORDER 4. Miscellaneous provisions

1. Sittings of Court
2. Making of orders etc.
3. Consolidation of cases
4. Language and interpretation
5. Receipts
6. Court registers
7. Applications of Magistrate's Courts Rules
8. Power to enlarge or abridge time
9. Representation

ORDER 5. Evidence

1. Exclusion of witnesses
2. Documentary evidence
3. Method of taking evidence

ORDER 6. Commencement of proceedings

1. Commencement
2. Statement of claim to be in writing
3. Contents of statement of claim
4. Particulars of claim
5. Registration of particulars of statement of claim
6. Date of hearing
7. Service of statement of claim on defendant
8. Publicity in land cases

ORDER 7. Service of process

1. Service to be through court
2. Proof of service
3. Service to be personal
4. Substituted service
5. Witness summons

ORDER 8. Parties

1. Joint ground of action
2. Non-joinder or mis-joinder of parties

ORDER 9. Discontinuance of proceedings

1. Discontinuance of proceedings
2. Discontinuance after date fixed for hearing

ORDER 10. Place of trial and institution of causes

Place of trial

ORDER 11. Amendments

1. Clerical mistakes and accidental omissions
2. General power to amend

ORDER 12. Admissions

1. Notice of admissions
2. Admissions by defendants

ORDER 13. Settlement of issues

1. Settlement of issues
2. Procedure for framing issues
3. Parties to prepare issues
4. When issues may be settled

ORDER 14. Appearance of parties

Court may permit party to appear by agent

ORDER 15. Counterclaim and set-off

1. Counterclaim and set-off
2. Notice of counterclaim and set-off
3. Defendant may have judgment due for balance due on counterclaim
4. Payment into court where partial set-off

ORDER 16. Postponement of hearing

1. Postponement of hearing
2. Absence of witness

ORDER 17. Non-attendance of parties at hearing

1. Non-appearance of both parties
2. Non-appearance of plaintiff
3. Non-appearance of defendant
4. Counterclaim where plaintiff does not appear
5. Setting aside judgment entered in absence of a party
6. Relisting of cause struck out

ORDER 18. Proceedings at the hearing

1. Starting the hearing
2. Witnesses in land cases
3. Plaintiff's witnesses
4. Defendant's case
5. Defendant's witnesses
6. Documentary evidence
7. Marking documents
8. Disallowance of vexatious cross-examination
9. Land to be visited
10. Minutes of proceedings

ORDER 19. Judgment

1. Delivery of judgment
2. Notice when judgment reserved
3. When parties deemed to have notice of judgment
4. Minute of judgment and record thereof
5. Where set-off or counterclaim is allowed
6. Obedience to decree
7. Court may direct time for payment or performance
8. Interest
9. Payment by instalments
10. Judgment by consent
11. Setting aside judgments by default

ORDER 20. Costs

1. Costs
2. Determination of costs
3. Costs in discretion of court

ORDER 21. Enforcement

Enforcement

Appendix A - CIVIL FORMS
Form Civil 1, Summons to Defendant
Form Civil 2, Summons to Witness
Form Civil 3, Statement of Claim
Form Civil 4, Decree
Form Civil 5, Form of Record in Civil Proceedings

Appendix B – FEES

SUBSIDIARY LEGISLATION

ISLAND COURTS (CIVIL PROCEDURE) RULES, 1984

To provide rules of procedure for the Island Courts in civil proceedings.

ORDER 1

APPLICATION

APPLICATION

These Rules shall apply to all civil proceedings before any Island Court in Vanuatu established under section 1 of the Island Courts Act, Cap. 167.

FORMS

1. The forms in appendix A, or forms to the like effect, may be used in all proceedings to which they are applicable, with such variations as circumstances may require:

Provided that in any proceedings for which forms are not prescribed in these Rules, the clerk may frame any form required in any particular case using as a guide the appropriate forms contained in the civil procedure rules applicable to magistrate's courts.

FEES

2. The fees specified in appendix B shall be paid by the party at whose instance they are incurred and may afterwards be recovered from the other party if the court shall so order:

Provided that the supervising magistrate may in his discretion, dispense with the payment of any such fees or any part thereof on application being made to him on account of the poverty of any party or for other sufficient reason.

SITTINGS OF COURT

1. The sittings of the court for the hearing of any cause or matter shall be in public; but the court may in any affiliation proceedings brought under the Maintenance of Children Act, Cap. 46, hear the cause or matter in the presence only of the parties thereto with their authorised representatives, if any, and the officers of the court.

MAKING OF ORDERS ETC.

2. Subject to any particular rules, the court may, in all causes or matters, make any provisional order or ruling which it considers necessary for doing justice, whether such order or ruling has been expressly requested by the person entitled to the benefit thereof or not.

CONSOLIDATION OF CASES

3. Causes or matters pending in the court may be consolidated in the discretion of the court, and the court shall give any directions that may be necessary as to the conduct of such consolidated actions.

LANGUAGE AND INTERPRETATION

4. (1) The language of every court shall be Bislama, and if in any cause or matter the court considers that any party thereto or any witness giving evidence therein is incapable of sufficiently understanding Bislama, the court shall appoint a fit and proper person to interpret the same.

(2) The clerk may if he is competent in the language of such party or witness interpret the proceedings so far as may be necessary.

(3) Where the clerk or any public officer acts as interpreter as aforesaid, no remuneration shall be payable in respect of the interpretation, but where a person other than a clerk or a public officer is the interpreter, that person shall be entitled to payment of the prescribed fee as remuneration for his services.

(4) The prescribed fee for interpretation shall in all cases be payable in the first place by the plaintiff.

(5) Before interpreting at any sessions of the court, the interpreter, shall swear or make affirmation in the following form-

RECEIPTS

5. (1) When any fee is or any costs are paid to the court, the clerk shall issue a receipt therefore in the name of the person paying such fee or costs, as the case may be.

(2) When any fee is paid in respect of any documents the clerk shall endorse a note of the amount of fee paid and the number of the receipt issued therefore upon the original and upon any filing copy of such documents.

COURT REGISTERS

6. There shall be kept in every court a register in such form as the Chief Justice may from time to time direct, in which all causes or matters instituted in the court shall be entered and numbered consecutively in each year, according to the order in which the same shall be commenced; and the particulars of each cause or matter, and a note of the steps and proceedings therein shall be entered in such register in such manner as the Chief Justice may direct.

APPLICATIONS OF MAGISTRATE'S COURTS RULES

7. In the event of there being no provision in these Rules to meet any particular circumstances arising in any cause or matter before the court, the court and the parties shall be guided by any relevant provision contained in the civil procedure rules applicable to magistrate's courts.

POWER TO ENLARGE OR ABRIDGE TIME

8. A court shall have power to enlarge or abridge any time prescribed by these Rules or fixed by any order in any cause or matter for the doing of any act or taking any proceedings upon such terms, if any, as the circumstances of the case may require; and any such enlargement or abridgement may be ordered although the application thereof has not been made until after the expiration of the time prescribed or allowed.

REPRESENTATION

9. With the leave of the court a party to any cause or matter may be represented or assisted at every or any stage of the proceedings by some other person not being a legal practitioner.

EXCLUSION OF WITNESSES

1. On the application of any party to any cause or matter, or of its own motion, the court may order witnesses on both sides to be kept out of court and out of the hearing of other witnesses before they have given their evidence; but this rule shall not extend to the parties themselves although intended to be called as witnesses.

DOCUMENTARY EVIDENCE

2. Any person, whether a party or not, in any cause or matter may be summonsed to produce a document without being summonsed to give evidence and, if he causes such document to be produced in court, the court may dispense with his personal attendance.

METHOD OF TAKING EVIDENCE

3. In the absence of any agreement between the parties, and subject to these Rules, the witnesses at the trial of any cause or matter shall be examined orally and in open court.

COMMENCEMENT

1. Every cause shall be commenced by the filing of a statement of claim with the clerk, and as many copies thereof as there are defendants.

STATEMENT OF CLAIM TO BE IN WRITING

2. A statement of claim shall be in writing:

Provided that if the plaintiff is illiterate or in need of assistance the clerk may assist him in drawing up such statement of claim.

CONTENTS OF STATEMENT OF CLAIM

3. A statement of claim shall contain the name, place of residence, occupation, if any, of the plaintiff and of the defendant or, if more than one, of each of them so far as they can be ascertained and the particulars of claim. The statement of claim shall be dated and signed by the plaintiff.

PARTICULARS OF CLAIM

4. The particulars of claim shall state concisely and clearly the subject matter of the claim and the relief sought so as to give the defendant reasonably sufficient information as to the details of the claim. Where the claim is in respect of land, the particulars shall in addition contain a description of the land and its boundaries; and a sketch plan of the land shall be annexed to the particulars.

REGISTRATION OF PARTICULARS OF STATEMENT OF CLAIM

5. The clerk on receiving a statement of claim for filing shall ensure that the prescribed fee has been paid and that the necessary particulars are contained in the statement of claim. The clerk shall then enter in the register particulars of the statement of claim.

DATE OF HEARING

6. After registering the particulars of the statement of claim, the clerk shall set a date for the hearing of the claim which shall be not less than 30 days where the claim is in respect of land, and 15 days in all other cases, and shall endorse the same on the statement of claim and every copy thereof. The clerk shall then issue a summons requiring the attendance of the defendant or defendants if more than one, at the hearing of the claim.

SERVICE OF STATEMENT OF CLAIM ON DEFENDANT

7. The clerk shall deliver or cause to be delivered to a defendant a copy of the statement of claim together with the summons requiring his attendance at the hearing of the claim.

PUBLICITY IN LAND CASES

8. Where the subject matter of the claim is land the clerk shall, by notices posted on the land and by other appropriate means, advise the public of the date of the hearing of the cause and of the names of the parties; and the clerk shall inform the public that all persons having an interest in the proposed cause shall as soon as possible apply to the court to be joined as plaintiffs or defendants, as the case may be.

SERVICE TO BE THROUGH COURT

1. (1) Every statement of claim, summons, notice, order, or other document of which service is required shall be served through the court.

(2) Any person serving any statement of claim, summons, notice, order or other document shall on request of the party served, endeavour to the best of his ability to explain to such party the nature of the document served.

PROOF OF SERVICE

2. Proof of service may be oral:

Provided that where service is effected by a police officer, bailiff or other officer of the court, a certificate of service stating the date and time of service may be accepted as sufficient evidence of service until the contrary is shown, and such certificate may be endorsed on the file copy of the summons.

SERVICE TO BE PERSONAL

3. Unless in any case the court considers it just and expedient otherwise to direct, service shall be personal, that is to say, the document to be served shall be delivered to the person to be served himself.

SUBSTITUTED SERVICE

4. Where it appears to the court, either after or without an attempt at personal service, that for any reason, personal service cannot be conveniently effected, the court may direct that service be effected-

Provided that if service is to be effected by method (c) or (e) aforesaid, the party requiring the service to be effected, shall, before service, pay to the court the cost of the advertisement, postage or other special expense involved.

WITNESS SUMMONS

5. (1) Where any party to any cause or matter requires a person to be summonsed as a witness before the court in such cause or matter or to produce at the hearing in court any document or thing in his possession or power, the court shall, on application by the party and payment of the prescribed fee, issue a witness summons.

(2) The summons shall be served on the witness personally, if possible, or by one of the other methods prescribed in this order and in any event as soon after the issue of the summons as is reasonably practicable.

(3) The party applying for a witness summons may be required, before the. issue of the summons and within a period to be fixed by the court, to pay into court such sum of money as appears to the court to be sufficient to defray the travelling expenses of the witness to be summonsed in passing to and from the court in which he is required to attend together with one day's attendance; and the sum so paid into court shall be tendered to the witness at the time of the service of the summons, or, if the court so directs, the witness to be summonsed may be notified that the sum so paid into court will be paid out to him on his attendance.

JOINT GROUND OF ACTION

1. Where a person has jointly with other persons an alleged ground for instituting a cause, all those other persons shall ordinarily be made parties to the cause:

Provided that where more persons than one have the same interest in one cause, the court may direct that one or more of such persons shall be authorised to sue or to defend in such cause for the benefit of or on behalf of all parties so interested.

NON-JOINDER OR MIS-JOINDER OF PARTIES

2. (1) If it appears to the court at or before the hearing of a cause that all the persons who may be entitled to, or who claim some share or interest in, the subject matter of the cause, or who may be likely to be affected by the result thereof, have not been made parties, the court may adjourn the proceedings to a future date to be fixed by the court and direct that such persons shall be made parties to the cause either as plaintiffs or defendants, as the case may be; and in every such case the court shall issue a notice to such persons which shall be served in the manner prescribed in these Rules for the service of a statement of claim or in such other manner as the court may think fit to direct, and on proof of the due service of such notice the person so served shall be bound by all proceedings in the cause.

(2) The court may, at any stage of the proceedings and on such terms as appear to the court to be just, order that the name of any party, whether as plaintiff or defendant, improperly joined be struck out.

(3) No cause shall be defeated by reason of non-joinder or mis-joinder of parties.

DISCONTINUANCE OF PROCEEDINGS

1. If, before the date fixed for the hearing, the plaintiff wishes to discontinue any cause against all or any of the defendants thereto, or to withdraw any part of his alleged claim, he shall give notice in writing of discontinuance or withdrawal to the clerk of court and the same shall be served upon every defendant as to whom he desires to discontinue or withdraw. Such discontinuance or withdrawal shall not be a defence to any subsequent cause.

DISCONTINUANCE AFTER DATE FIXED FOR HEARING

2. If, after the date fixed for the hearing, the plaintiff desires to discontinue any cause or to withdraw any part of his alleged claim, or if a defendant desires to discontinue or withdraw a counterclaim or any part thereof, such discontinuance or withdrawal may, in the discretion of the court, be allowed on such terms as to costs and as to any subsequent cause or otherwise as the court may consider just.

PLACE OF TRIAL

Subject to any law respecting transfer of causes, the place for trial and the institution of any cause or matter shall be regulated as follows-

CLERICAL MISTAKES AND ACCIDENTAL OMISSIONS

1. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or upon application by any party to the proceedings.

GENERAL POWER TO AMEND

2. The court may at any time, and on such terms as to costs or otherwise as the court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

NOTICE OF ADMISSIONS

1. Any party to a cause may give notice to any other party, by his own statement orally or in writing, that he admits the truth of the whole or any part of the claim or demand stated in the statement of claim, defence or statement of any other party.

ADMISSIONS BY DEFENDANTS

2. If any defendant shall sign a statement admitting the amount claimed in the statement of claim or any part of such amount, the court, if it is satisfied as to the genuineness of the signature of the person by whom the statement was signed and unless it sees good reason to the contrary, shall, in the case of the whole amount being admitted, enter judgment for the plaintiff for that amount or, if part of the amount is admitted and the plaintiff consents to a judgment being entered for such part, enter judgment for such part, but if the plaintiff does not consent to the entry of judgment for the admitted part only, the court shall receive such statement in evidence as an admission without further proof.

SETTLEMENT OF ISSUES

1. At any time before or at the hearing the court may, if it thinks fit, on the application of any party to the cause or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, and reduce such questions to writing and settle them in the form of issues.

PROCEDURE FOR FRAMING ISSUES

2. (1) For the purposes of framing issues the court may-

PARTIES TO PREPARE ISSUES

3. Notwithstanding rule 2, the court, if it thinks fit, may direct the parties to prepare issues for settlement by the court.

WHEN ISSUES MAY BE SETTLED

4. The issues may be settled, without previous notice, at any stage of the proceedings at which all the parties are actually present, or at the hearing, or notice may be given to all the parties to attend on a date and at a place to be specified in the notice for settlement of the issues.

COURT MAY PERMIT PARTY TO APPEAR BY AGENT

In every cause or matter pending before the court, if it shall appear to the satisfaction of the court that any plaintiff or defendant is prevented by some sufficient cause from attending the court in person or requires the assistance of some other person at the hearing in the court, the court may, in its discretion, permit any other person not being a legal practitioner, who shall satisfy the court that he has authority in that behalf, to appear for such plaintiff or defendant.

COUNTERCLAIM AND SET-OFF

1. A defendant in a cause may set-off, or may set up by way of counterclaim against the claim of the plaintiff, any right or claim.

NOTICE OF COUNTER CLAIM AND SET OFF

2. (1) No defendant shall be allowed to avail himself of any set-off or counterclaim unless he shall have filed with the clerk 4 days before the hearing of the cause, a notice in original and as many copies as there are plaintiffs in the cause, stating his name and address and a concise statement of the grounds of such set-off or counterclaim and shall have paid the same fees as would be payable if he were claiming by statement of claim:

Provided that the court may, in its discretion and on such terms as to adjournment or otherwise as may appear to it to be just, allow a defendant to avail himself of a set-off or counterclaim notwithstanding that such notice has not been duly filed within the time specified above.

(2) Upon receipt of notice of set-off or counterclaim and upon payment of the prescribed fees, the clerk shall cause a duplicate of such notice to be served upon the plaintiff or each of them.

(3) The provisions of Order 6, relating to statements of claim, shall apply, as far as they are applicable, to every set-off or counterclaim.

DEFENDANT MAY HAVE JUDGMENT DUE FOR BALANCE DUE ON COUNTERCLAIM

3. Where in any cause a counterclaim is established as a defence against the plaintiff’s claim, the court may, if the balance is in favour of the defendant give judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.

PAYMENT INTO COURT WHERE PARTIAL SET-OFF

4. The court, if it thinks fit, may order that a defence of partial set-off shall be accompanied by payment into court of the amount to which, on the defendant's own showing, the plaintiff is entitled unless the plaintiff's claim is resisted on some other ground of defence; and in default of such payment the defendant shall be liable to pay the costs of the cause even though he may succeed in his defence to the extent of the set-off on which he relies.

POSTPONEMENT OF HEARING

1. The court may, upon the application of any party to a cause, order that the hearing thereof be postponed if the court is satisfied that the postponement is likely to have the effect of better ensuring the hearing and determination of the issues between the parties on the merits and that the application is not made for the purpose of mere delay; and any postponement may be granted subject to such terms as to costs or otherwise as the court may consider just.

ABSENCE OF WITNESS

2. Where an application is made under rule 1 on the ground of the absence of a witness, before granting the application the court shall require the applicant to satisfy it that the evidence of such witness is material and that the witness is likely to be available within a reasonable time.

NON-ATTENDANCE OF BOTH PARTIES

1. Where a cause or matter has been called for hearing and neither party appears, the court may either strike out the proceedings or, if the court has reason to believe that the parties have not settled out of court and have failed or been unable to appear for some other reason, set down the cause or matter for some other date and, without requiring the payment of a further fee, send notice to the parties of the fresh date of hearing in any manner the court thinks fit.

NON-APPEARANCE OF PLAINTIFF

2. If the plaintiff does not appear when called but the defendant or any one of them does, the court shall, unless it sees good reason to the contrary, strike out the proceedings (except as to any counterclaim by the defendant) and make such order as to costs in favour of the defendant appearing as seems to it to be just:

Provided that if the defendant admits the cause of action to the full amount claimed, the court may in its discretion give judgment in favour of the plaintiff as if the plaintiff had appeared and the defendant had admitted his liability.

NON-APPEARANCE OF DEFENDANT

3. If the plaintiff appears and the defendant does not appear when called and has not in writing previously explained to the court good reason for his absence, the court may, upon proof of service of the statement of claim proceed to hear the cause and give judgment upon the evidence adduced by the plaintiff, or may postpone the hearing of the cause and direct notice to be given to the defendant.

COUNTERCLAIM WHERE PLAINTIFF DOES NOT APPEAR

4. Where the defendant to a cause which has been struck out under rule 2 has a counterclaim, the court may, upon proof of service upon the plaintiff of notice of the counterclaim, proceed to hear the counterclaim and give judgment upon the evidence adduced by the defendant, or may postpone the hearing of the counterclaim and direct notice of the postponement to be given to the plaintiff accordingly.

SETTING ASIDE JUDGMENT ENTERED IN ABSENCE OF A PARTY

5. Any judgment obtained against any party in the absence of that party may, on sufficient cause being shown, be set aside by the court upon such terms as to costs or otherwise as it may think fit.

RELISTING OF CAUSE STRUCK OUT

6. Any cause struck out may, by leave of the court, be relisted for hearing on such terms as to the court may seem fit.

STARTING THE HEARING

1. (1) Unless, before the hearing of any cause, issues have been framed in accordance with Order 13, the hearing shall start by the plaintiff stating his case, and the defendant shall then be called upon immediately to reply thereto stating whether he admits the plaintiff's claim or denies it and, if he denies it, the grounds upon which he does so.

(2) If the defendant admits the plaintiff's claim, judgment may be entered against him forthwith.

(3) If the defendant denies the plaintiff's claim, the plaintiff shall be called upon to produce his evidence and examine his witnesses.

(4) Subject to rule 6, if, before the hearing issues have been framed, the hearing shall start by the plaintiff stating his case and thereafter immediately producing his evidence and examining his witnesses.

WITNESS IN LAND CASES

2. Both the plaintiff and defendant shall be entitled to call five witnesses each to support their claim. Each witness shall state in writing the evidence he intends to give in court and such written evidence shall be forwarded to the clerk of the court at least 2 weeks before the date of hearing of the case. At the hearing, the clerk of the court shall read the statement to the witness who shall confirm on oath that the contents of the statement are true or shall after making amendments to the statement; confirm the statement to be true.

PLAINTIFF'S WITNESSES

3. The defendant shall have the right to cross-examine any witness and the plaintiff may then re-examine the witness with regard to any matter arising out of the cross-examination.

DEFENDANT'S CASE

4. At the conclusion of the plaintiff's evidence-

DEFENDANT'S WITNESSES

5. Any witness called upon by the defendant shall be subject to cross-examination by the plaintiff and may be re-examined by the defendant in respect to any matter arising out of the cross-examination.

DOCUMENTARY EVIDENCE

6. Documentary evidence shall be put in and read or, if all parties to the action consent thereto, a note of such consent being made on the trial record, it may be taken as read.

MARKING DOCUMENTS

7. Every document put in evidence shall be marked at the time by the clerk and shall be retained by the court until final judgment in the action and shall thereafter be returned to the patty who put it in or from whose possession or power it came, unless for sufficient reason it is impounded by order of the court.

DISALLOWANCE OF VEXATIOUS CROSS-EXAMINATION

8. The court may in all cases disallow any question put in cross-examination to any party or other witness which may appear to it to be vexatious or not relevant to the matters in issue before the court.

LAND TO BE VISITED

9. In every case where the claim is in respect of land, the court shall visit the land before reaching a decision in the cause.

MINUTES OF PROCEEDINGS

10. (1) The clerk shall take a full note of all the evidence given in every cause or matter in manuscript form and shall provide for a duplicate copy thereof.

(2) The clerk shall transmit duplicate copies of the evidence to the supervising magistrate or the Supreme Court as the case may be, wherever required to do so and shall retain the original note in his possession.

DELIVERY OF JUDGMENT

1. The decision or judgment in any cause shall ordinarily be pronounced orally in open court:

Provided that the court may in its discretion, if the judgment is long or complex or otherwise difficult to deliver in simple language, hand down to each party a written copy thereof instead of pronouncing it verbatim.

NOTICE WHEN JUDGMENT RESERVED

2. If the court reserves judgment at the hearing, parties to the cause shall be served with notice to attend and hear judgment, unless the court, at the hearing, informs the parties of the day upon which it intends to deliver judgment, in which case there need be no further notice.

WHEN PARTIES DEEMED TO HAVE NOTICE OF JUDGMENT

3. All parties shall be deemed to have notice of the decision or judgment if it is pronounced at the hearing; and all parties served with notice to attend and hear judgment shall be deemed to have notice of the judgment when it is pronounced, notwithstanding that any such party may have failed to appear to the notice.

MINUTE OF JUDGMENT AND RECORD THEREOF

4. A minute of every judgment whether final or provisional shall be filed in the trial record and every such minute shall be a decree of the court and shall have the full force and effect of a formal decree; but the court may in addition to such minute, upon the application of any party or of its own motion, cause a formal decree to be drawn up in any cause and delivered to the parties therein.

WHERE SET-OFF OR COUNTERCLAIM IS ALLOWED

5. If the defendant shall have been allowed to set-off any demand or counterclaim against the claim of the plaintiff, the minute of the judgment shall state what amount, if any, is due to the defendant and the judgment with respect to any sum awarded to him shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate cause against the plaintiff.

OBEDIENCE TO DECREE

6. A person directed by any decree or order to pay money or to do any other act is bound to obey the decree or order without any further demand for payment or performance and, if no time is expressed in such decree or order for the payment or performance directed, the defendant shall be bound to make payment or effect performance immediately after the decree or order has been made, unless the court shall by some subsequent order enlarge the time.

COURT MAY DIRECT TIME FOR PAYMENT OR PERFORMANCE

7. The court may, either upon the application of any party to any cause or of its own motion, direct a time within which payment must be made or performance be effected and may by any subsequent order enlarge or cancel or vary such time.

INTEREST

8. Where a judgment or order is for the payment of a sum of money, interest at 9 per cent a year shall be payable thereon, from the date of the judgment order until the date of payment, unless the court otherwise orders.

PAYMENT BY INSTALMENTS

9. Where any judgment or order directs payment of money the court may, either upon the application of any party to the cause or, for sufficient reason, of its own motion, direct that payment shall be made by instalments, with or without interest as limited in rule 8, and any such order may be made at the time of giving judgment or at any time thereafter and may be rescinded or varied for cause shown at any time; and also any such order may direct that upon failure of any instalment the whole amount remaining unpaid shall forthwith become due.

JUDGMENT BY CONSENT

10. If the plaintiff and the defendant agree as to the terms and conditions on which judgment shall be entered, the court shall, unless it sees good reason to the contrary to be entered in the record, enter judgment on the terms and conditions so agreed.

SETTING ASIDE JUDGMENTS BY DEFAULT

11. Any judgment or order given by default of either party to any cause may be set aside by the court upon such terms as to costs or otherwise as the court may think fit.

COSTS

1. Under the denomination of costs is included the whole of the expenses necessarily incurred by either party to any cause or matter, and in enforcing the decree or order made therein, including the expenses of summonsing and of the attendance of the parties and witnesses and of obtaining copies of documents, the fees of the court and the remuneration of references.

DETERMINATION OF COSTS

2. All questions relating to the amount of costs shall be summarily determined by the court:

Provided that if any party to a cause is dissatisfied with the direction of the court as to the assessment or apportionment of any costs or any items thereof he may appeal to the supervising magistrate and the supervising magistrate shall, either with or without hearing the parties in argument thereon make such order as to the assessment or apportionment of the costs as may be just.

COSTS IN DISCRETION OF COURT

3. Subject to the proviso to rule 2, the costs of every cause or matter and of each particular proceeding therein shall be in the discretion of the court; and the court may award or apportion costs in any manner it may consider just:

Provided that except for sufficient cause the court shall not order the successful party to any cause to pay the whole of the costs of the cause.

ENFORCEMENT

Any party in whose favour a judgment or order of the court is given may apply orally or in writing to the supervising magistrate for enforcement of the judgment or order if it remains unsatisfied.

CIVIL FORMS
(O.3 r.1)
________________________________

ISLAND COURTS (CIVIL PROCEDURE) RULES, 1984

(Signed ............................................................................. )
Court Clerk
________________________________________________________________________

Summons served by me on the defendant at ........................................................................ on ............................................. 19..............., the contents thereof having been explained to the defendant.

(Signed ............................................................................. )
(rank & no. of police officer)

In the ............................................................ Island Court

Between ................................................................................... Plaintiff

And ...................................................................................... Defendant

To .......................................................... of .............................................................
You are required to attend in person before this court at

........................................................ on ............................................. 19............... at

................................... o'clock in the morning/afternoon and so from day to day until this case has been tried, to give evidence as to all that you know in this case. And also to bring with you and produce to the court at the time and place stated above the following document or article, namely-
........................................................................................................................................................................................................................

You are summoned at the request of .................................................................................

Dated this .............................................................................19.................................

(Signed ............................................................................. )
Court Clerk
_______________________________________________________________________

Summons served by me on the above-named witness at
......................................................... on ............................................. 19..............., the contents thereof having been explained to him/her.

(Signed ............................................................................. )
(rank & no. of police officer)

And ........................................................................ Defendant

Name, address and occupation
Of the plaintiff

State precisely the subject matter of the
Claim and the relief sought. If Claim is in respect of land, a description thereof
Must be set out giving boundaries, and a sketch
Plan must be annexed.

Dated this.......................day of......................19.....

(Signed) ..............................................................................
Plaintiff
________________________________________________________________________

Filed at ........................................ Island Court this ..................19...............

Fee paid: VT ................................. ......................................................

In the ............................................................ Island Court

Delete the paragraphs which are not applicable below

It is hereby decreed and ordered in the above cause that-

The Schedule

(Give a full description of the land and, if available, annex a plan)

In the .......................... Island Court sitting at ..................... on ..................... 19...............

Before ...........................................Justice
......................................................Justice
...................................................... Justice
...................................................... Court Clerk

Civil No.......................of 19..........
Between..........................Plaintiff
And...........................Defendant

If the defendants admit liability, the clerk must enter judgment	PART I ORDER	On the defendant’s admission of liability, judgment is entered for the plaintiff in the sum claimed together with the court fee of VT.....
If the defendant is unable to pay the total amount due to the plaintiff, the parties should try to agree terms for payment by instalments and if this is done the Clerk will record a further order.	ORDER	By consent, decretal amount to be paid by instalments of VT...... per month, the first instalment to be paid on..........19..... and subsequent instalment to be paid on the first/last day of each succeeding month. Instalments to be paid through the court/direct to the plaintiff. Usual default clause to apply.
If the defendant denies liability the court should settle the issues under Order 13.	PART II
When issues have been framed, the Clerk should record what questions have to be determined. The hearing may be adjourned to a later date or the plaintiff will be called upon to produce his evidence.	ISSUES 1 2. 3. etc Plaintiff, adult, Christian, Sworn- XD XXD defendant XD Court
The plaintiff’s witnesses should testify. Their full name, address and occupation should be entered in the case record.	P.W.1, adult, Christian, Sworn- XD Plaintiff XXD Defendant RE.XM Plaintiff XD Court PW. 2 etc
The defendant can choose whether or not to produce evidence. If he does and testifies himself and calls witnesses, the procedure is similar to the plaintiff’s case.	Case for Plaintiff Defendant, adult, Christian, Sworn- XD XXD Plaintiff RE.XM XD Court
The full name, address and occupation of each witness should be entered in the case record.	D.W. 1 etc
Each party is entitled to sum up and comment upon the evidence. The judgment can either be delivered at the conclusion of the evidence or it can be reserved, and it must be recorded by the Clerk.	Case for defendant	JUDGMENT

1	On application for a witness summons.	100
2	On Any cause or matter where the value of the subject matter, other than land, is capable of being estimated in money, and- (a) does not exceed vt 25,000 (b) exceeds vt 25,000	500 750
3	On any cause or matter involving a land dispute.	20,000
4	On any other cause or matter	1,000
5	On an appeal to a Senior Magistrate’s Court	2,000
6	On an application for a copy of a judgment.	100
7	On an application for a copy of the record of proceedings in any case, including proceedings in the Island Court and in any appeals resulting therefrom.	100 plus 50 per folio of 100 words or part thereof
8	On any application or summons not specifically provided for above.	100
9	On an appeal from an Island Court to Supreme Court.	50,000
10	On appeal from a Senior Magistrate’s Court to Supreme Cour	10,000
11	For interpreters, VT1,000 per day or part thereof.

RULES

1. Application
2. Interpretation
3. Police investigation and preferment of charge
4. Appearance of person arrested without warrant
5. Summons to an accused
6. Service of summons
7. Arrest and detention of accused failing to obey summons
8. Court may direct security to be taken
9. Warrant in the case of avoidance of service
10. Court may remand accused in custody
11. Bail in certain cases
12. Summons to witness
13. Warrant of arrest for witness who disobeys summons
14. Mode of dealing with witness arrested under warrant
15. Accused to be called upon to plead
16. Evidence to be taken in presence of accused and to be interpreted if necessary
17. Non-appearance of complainant at hearing
18. Procedure on plea of not guilty
19. Withdrawal of charge
20. Promotion of reconciliation
21. Amendment of charge
22. Acquittal of accused person if no case to answer
23. The defence
24. The decision
25. Conviction for an attempt of offence charged
26. Account to be taken of compensation by custom
27. Detention prior to conviction to be deducted from term of imprisonment
28. Minutes of proceedings
29. Forms to be used

SCHEDULE-Prescribed Forms

To provide rules of procedure for the Island Courts in criminal matters.

APPLICATION

1. These Rules shall apply to all criminal proceedings taken in any island court in the Republic of Vanuatu established under section 1 of the Island Courts Act, Cap. 167.

INTERPRETATION

2. In these Rules, unless the context otherwise requires-

POLICE INVESTIGATION AND PREFERMENT OF CHARGE

3. Any police officer who receives a complaint from a complainant or who shall become aware of the commission of an offence shall cause a full inquiry to be made, and if an offence appears to be disclosed he shall cause a charge to be preferred in duplicate to the clerk of the court having jurisdiction to try the same.

APPEARANCE OF PERSON ARRESTED WITHOUT WARRANT

4. A person arrested without warrant and detained in custody at a police station shall be brought before the court without unnecessary delay unless released on his written undertaking to appear before the court at such time and date specified therein.

SUMMONS TO AN ACCUSED

5. Any person not in custody alleged to have committed an offence shall be summoned to appear before the court by a summons signed by the clerk.

SERVICE OF SUMMONS

6. (1) Every summons shall be served on an accused by giving him personally, if possible, a copy thereof; or otherwise by leaving it with an adult member of his family at his residence, or with his employer.

(2) The interval between the service and the hearing of the summons shall be reasonable having regard to the circumstances of the case.

(3) Service of a summons may be effected at any time either by a police officer or a court official appointed to act as process server.

(4) A certificate of service signed by the person who effected service showing the date thereof and to whom delivered shall be filed in the case record.

ARREST AND DETENTION OF ACCUSED FAILING TO OBEY SUMMONS

7. (1) The court may order the arrest and detention of an accused who fails to obey a summons duly served as provided for in rule 6.

(2) Where in pursuance of subrule (1) the court makes an order, the clerk shall sign and issue a warrant of arrest which, when returned by the police officer executing it, shall be annexed to the case record.

(3) When an arrest is made pursuant to this rule, the clerk shall enter in the case record the date on which, and the place where, the arrest was effected and by whom.

COURT MAY DIRECT SECURITY TO BE TAKEN

8. (1) The court when ordering the arrest of any person may direct that if that person deposits a certain specified sum of money as cash bail to be paid to the clerk that person may be released from custody.

(2) Prior to a person's release from custody in pursuance of subrule (1), the clerk shall inform that person of the date on which he must attend the court in lieu of the issue of a further summons.

(3) Where a person fails to attend the court on the date fixed by the clerk under subrule (2) the court may order the forfeiture of the cash bail or part thereof and may order the arrest and detention of that person.

(4) The cash bail so paid by such person shall unless the same be forfeited, be refunded to him on the final termination of the proceedings brought against him unless the court orders that the money be used towards payment of any fine imposed on such person.

WARRANT IN THE CASE OF AVOIDANCE OF SERVICE

9. (1) Where a charge has been preferred and the court has reason to believe that the accused person is avoiding service or that he is unlikely to obey the summons or surrender himself into custody or attend the resumed hearing, as the case may be, it may order a warrant to issue for the arrest of the accused.

(2) An application for a warrant under subrule (1) may be made in writing by a prosecutor or orally on oath before the court by any police officer.

COURT MAY REMAND ACCUSED IN CUSTODY

10. (1) Where a person appears before a court charged with the commission of an offence, the court may direct a trial to be held forthwith or at a later date. In the event of the trial being held at a later date, the court shall either remand the accused in custody or release him with or without bail:

Provided always that the court shall at the request of the accused, postpone the trial for such period as it considers reasonable to enable the accused to prepare his defence.

(2) Where the court remands an accused in custody, the period of such remand shall not exceed 7 days and the court shall inform the accused that he may make further application for bail to the supervising magistrate.

(3) A person remanded in custody shall be brought to trial at the earliest opportunity.

BAIL IN CERTAIN CASES

11. (1) Where a person appears before a court and he is prepared to give bail, such person, may in the discretion of the court be granted bail with or without a surety or sureties.

(2) The amount of the bail shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(3) The court in granting bail to an accused may impose such conditions as it may consider fit.

SUMMONS TO WITNESS

12. A court shall, if it appears to that court that material evidence can be given by or is in the possession of any member of the public, or if requested by the prosecutor or by the accused, issue a summons to such person requiring his attendance before the court or requiring him to bring and produce before the court all documents, writings or things in his possession or power which might be specified or otherwise sufficiently described in the summons.

WARRANT OF ARREST FOR WITNESS WHO DISOBEYS SUMMONS

13. If without sufficient excuse a witness does not appear in obedience to the summons, the court, on proof of service of the summons a reasonable time before, may order the issue of a warrant to bring him before the court at such time and place as shall be specified therein, such warrant to be signed by the clerk.

MODE OF DEALING WITH WITNESS ARRESTED UNDER WARRANT

14. When any witness is arrested under a warrant and his evidence cannot be taken at the time when he is brought before the court, the court shall, on his furnishing security by either cash bail or recognizance as directed by the court for his appearance at the hearing, order him to be released from custody.

ACCUSED TO BE CALLED UPON TO PLEAD

15. (1) Where the accused appears before the court in answer to a summons or after arrest by a police officer, the charge shall be read over and explained to him by the clerk and he shall be asked if he admits or denies the truth of the charge.

(2) If the accused admits the truth of the charge, his admission shall be recorded as nearly as possible in the words used by him, and the prosecutor shall give a summary of the facts of the case and the accused shall be asked whether or not he agrees therewith.

(3) If the accused agrees with such summary of the facts, the court shall convict him but before passing sentence shall give him the opportunity of addressing the court in mitigation of the offence and be informed of any relevant antecedents by the prosecutor.

(4) If any person has been injured or aggrieved by any act or omission in respect of which the accused has been charged, the court may, if it sentences the accused to pay a fine, direct that such fine or a part thereof be paid to that person on condition that, if he shall accept the same, he shall not have or maintain any action for the recovery of damages for the loss or injury sustained by him by reason of such act or omission.

(5) If the charge consists of 2 or more counts, separate sentences shall be imposed in respect of each offence on which the court has convicted the accused.

(6) If the accused denies the truth of the charge, or if he does not agree with the summary of the facts as stated by the prosecutor or if he refuses to plead, the court shall order a plea of not guilty to be entered and shall either proceed immediately with the hearing of the charge or fix a future date for the hearing.

EVIDENCE TO BETAKEN IN PRESENCE OF ACCUSED AND TO BE INTERPRETED IF NECESSARY

16. (1) Except as otherwise expressly provided, all evidence taken in any trial shall be taken in the presence of the accused.

(2) The language of the court shall be Bislama, and whenever any evidence is given in a language not understood by the accused, it shall be interpreted to him in open court in a language understood by him.

NON-APPEARANCE OF COMPLAINANT AT HEARING

17. If on the date fixed for hearing of the charge, the accused appears or is brought before the court in custody and the complainant, having had notice of the time and date of the hearing, does not appear, the court shall dismiss the charge, unless for some reason it shall think it proper to adjourn the hearing until some other date, in which event it may, pending such adjourned hearing, either release the accused from custody or remand him to prison.

PROCEDURE ON PLEA OF NOT GUILTY

18. (1) If a plea of not guilty has been entered, the court shall proceed to hear the complainant and other witnesses for the prosecution.

(2) The court shall, at the close of the examination of each witness for the prosecution, enquire of the accused if there are any questions to be asked. The accused or any person representing and assisting him may put questions to each witness produced against him and if questions are put the prosecutor may re-examine the witness on any answers arising out of such questions.

(3) The court may disallow any question put in cross-examination to any witness which may appear to it to be vexatious or not relevant to the proceedings.

(4) If there is more than one witness to be called for the prosecution, the court shall order the other witnesses to remain outside the court-room out of hearing of any person testifying before they give their evidence.

WITHDRAWAL OF CHARGE

19. If a prosecutor or a complainant, as the case may be, at any time before a final order is passed, satisfies the court that there are sufficient grounds for permitting him to withdraw the charge, the court may permit him to withdraw the same.

PROMOTION OF RECONCILIATION

20. The court may promote reconciliation and encourage and facilitate the settlement in an amicable way, according to custom or otherwise, of any proceedings for an offence of a personal or private nature punishable by imprisonment for less than 2 years or by a fine only, on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed or terminated.

AMENDMENT OF CHARGE

21. (1) Where it appears to the court that the charge is defective, the court may make such order for the amendment of the charge as the court considers 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.

(2) An amendment may be made before a trial or at any stage of a trial before the close of the case for the prosecution.

ACQUITTAL OF ACCUSED PERSON IF NO CASE TO ANSWER

22. 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 so as to require him to make a defence, the court shall dismiss the charge and shall forthwith acquit him.

THE DEFENCE

23. (1) If at the close of the evidence in support of the charge, it appears to the court that a case is made out against the accused sufficiently to require him to make a defence, the accused shall be informed that, in addition to calling other persons as witnesses, he is entitled to give evidence himself upon oath or affirmation and subject to cross-examination by the prosecution, but he is not obliged to give evidence and may elect to remain silent. If he chooses not to give evidence, this will not of itself lead to an inference of guilt against him.

(2) If the accused elects to give evidence he must testify before any other persons he intends to call as witnesses, who if present shall be ordered by the court to remain outside the court-room out of hearing of any person testifying until called to give their evidence.

(3) If the accused states that he has witnesses to call but 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 and that there is a likelihood that they could, if present, give material evidence on his behalf, the court may adjourn the trial and issue process or take other steps to compel the attendance of such witnesses.

THE DECISION

24. (1) Where the court has heard all the evidence in the case it will decide whether the charge has been proved or not proved. The clerk shall not take any part in the decision.

(2) If the justices retire to consider their decision the clerk will remain in court and shall not retire with the justices.

(3) The justices should only find that the charge has been proved if they are sure of the guilt of the accused beyond reasonable doubt.

(4) Where the court finds the charge proved it shall convict the accused and pass such sentence as it sees fit.

(5) The clerk shall inform a convicted person of his right of appeal and the period of time within which he must lodge such appeal and he shall provide such assistance to that person if he wishes to lodge an appeal.

CONVICTION FOR AN ATTEMPT OF OFFENCE CHARGED

25. Where 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.

ACCOUNT TO BE TAKEN OF COMPENSATION BY CUSTOM

26. Upon the conviction of any person the court shall, in assessing the amount of penalty to be imposed, take account of any compensation or reparation made or due by the offender under custom and if such has not yet been determined, may, if it is satisfied that undue delay is unlikely to be thereby occasioned, postpone sentence for such purpose.

DETENTION PRIOR TO CONVICTION TO BE DEDUCTED FROM TERM OF IMPRISONMENT

27. Unless the court, for reasons to be set out in its judgment, otherwise directs, all periods of detention undergone prior to conviction by a person by reason of the offence of which he has been convicted shall be deducted from any term of imprisonment imposed.

MINUTES OF PROCEEDINGS

28. (1) The clerk shall take a full note of all the evidence given in every criminal case in manuscript form and shall provide for a duplicate copy thereof.

(2) If the proceedings are required by the supervising magistrate for revision or appeal, the clerk shall transmit duplicate copies of the charge and notes of evidence for this purpose and retain the original case record in his possession.

FORMS TO BE USED

29. The forms set out in the Schedule hereto shall be used by a court in the exercise of its criminal jurisdiction with such adaption as the circumstances of each case may require.

Title	Form No.
Summons to attend court (whether to an accused or to a witness)	1
Warrant to remand accused in custody	2
Charge	3
Warrant of imprisonment for failure to pay fine	4
Order to perform community work	5
Warrant to arrest accused	6
Form of record in criminal proceedings	7
Recognisance with surety	8
Recognisance with sureties	9
Warrant of imprisonment	10
Undertaking to appear taken by a police officer	11
Receipt for compensation	12
Probation Order	13

....................................Island Court

To: ................................................ (name) of ................................................. (place)

You are hereby commanded to appear before the above Island Court at
...................................................................................................................... (place)

on ............................................. (date) at ................................... (time) to give evidence/

Statement of offence.....................................................................................................

Contrary to ..............................................................................................(law/by-law)

Particulars of offence............................................................................................................
........................................................................................................................................................................................................................

Signed ................................................................................
Court Clerk

Date ..................................................................................

Note: Any person summoned to attend court who fails to do so shall be liable to a fine not exceeding VT24,000 or imprisonment not exceeding 6 months or to both.
________________________________________________________________________

Summons served by me on person named and contents explained:

at: ................................................. (place) on .................................................. (date)

Signed ................................................................................
Police Officer

............................................................ ISLAND COURT

To: All police officers in the Republic of Vanuatu and to the officer-in-charge of the prison at ......................................................................................................................

Whereas ................................................... of ............................................................. stands charged with the offence of...........................................................................................................................................................................................................................................................................................

You are hereby commanded to convey the said...........................................................::.. .to the prison at ..................................................and deliver him to the officer-in-charge thereof who is hereby directed to keep him safely until ................................... and then have him brought before this court at ......................... o'clock in the morning/afternoon for trial/ sentence.

Dated this .............................. day of................................... 19...............

.........................................................
(Justice)

.................
(Justice)

................
(Justice)

..............
(Court Clerk)

Further remands:

............................................................ Island Court

Name of accused:.........................................................................................................

Address:.........................................................................................................................

Occupation: ................................................................................................................

Age: ......................:........................................................................................................

Father's name: ..............................................................................................................

Mother's name:...........................................................................................................

Statement of offence:....................................................................................................

Contrary to .................................................................................................................

............................................................................................................... (law/by-law

Vanuatu Consolidated Legislation

Island Courts Act [Cap 167]