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Criminal Procedure Code (Amendment) Act 2003

Commencement: 4 August 2003
Item 12 of Schedule - see section 2 (NOT COMMENCED).

REPUBLIC OF VANUATU

CRIMINAL PROCEDURE CODE (AMENDMENT) ACT
NO. 8 OF 2003

Arrangement of Sections

1. Amendments

2. Commencement

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REPUBLIC OF VANUATU

Assent: 21st July, 2003.
Commencement: 4 August 2003

Item 12 of Schedule - see section 2

CRIMINAL PROCEDURE CODE (AMENDMENT)
ACT NO. 8 OF 2003

An Act to amend the Criminal Procedure Code [CAP. 136]

Be it enacted by the President and Parliament as follows-

1 Amendments

The Criminal Procedure Code [CAP. 136] is amended as set out in the Schedule.

2 Commencement

This Act commences on the date on which it is published in the Gazette except item 12 of the Schedule which commences on a date prescribed by Order by the Minister.

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SCHEDULE

AMENDMENTS OF THE
CRIMINAL PROCEDURE CODE [CAP. 136]

1. Section 1 (definition of Prosecutor)

After “Public Prosecutor”, insert “, the Deputy Public Prosecutor, Assistant Public Prosecutors”.

2. Section 1

Insert in its correct alphabetical position

“Assistant Public Prosecutor means a person appointed as an Assistant Public Prosecutor under section 21 the Public Prosecutors Act No. of 2003.”.

3. Section 1

Insert in its correct alphabetical position

“Deputy Public Prosecutor means the Deputy Public Prosecutor appointed under section 20 of the Public Prosecutors Act No. of 2003.”.

4. Section 1

Insert in its correct alphabetical position

“state prosecutor means a person appointed as a state prosecutor under section 22 of the Public Prosecutors Act No. of 2003.”.

5. Section 28

Repeal the section.

6. Section 30

Repeal the section.

7. Sections 31 and 32

Repeal the sections.

8. Subsection 132(1)

Before “a state prosecutor”, insert “the Deputy Public Prosecutor, an Assistant Public Prosecutor or”.

9. Subsection 132(2)

Before “a state prosecutor”, insert “the Deputy Public Prosecutor, an Assistant Public Prosecutor or”.

10. Subsection 146(3)

Repeal the subsection, substitute

“(3) The Public Prosecutor must file the information in the registry of the Supreme Court at least 7 days before the date specified for trial under subsection (2).

(4) Despite any other Act or law to the contrary, the Public Prosecutor may amend the information with the leave of the Supreme Court.”.

11. Section 151

Before “a state prosecutor”, insert “the Deputy Public Prosecutor, an Assistant Public Prosecutor or”.

12. Part XIII

Repeal the Part.

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