.RU
Карта сайта

The law to be applied in, and the practice and procedure of, island courts

LAWS OF TUVALU



REVISED EDITION 1978



CHAPTER 3



ISLAND COURTS



ARRANGEMENT OF SECTIONS

PART I



PRELIMINARY



1. Short title and commencement in islands

2. Interpretation

PART II



CONSTITUTION AND POWERS OF ISLAND COURTS



3. Constitution of island courts

4. Territorial extent of jurisdiction of island courts

5. Powers of island courts

6. Sentences which an island court may pass

7. Dismissal of charges

8. Treatment of young offenders

PART III



OFFICERS OF ISLAND COURTS



9. Composition of island courts and appointment of island magistrates

10. Decisions of island courts

11. Procedure where island magistrate is unable to adjudicate by reason of personal interest, etc.

12. Clerk of court

13. Execution of service of processes

14. Protection of island magistrates and officers of island courts

PART IV



THE LAW TO BE APPLIED IN, AND THE PRACTICE AND PROCEDURE OF, ISLAND COURTS



15. Language

16.

17. Procedure to be followed

18. Sittings

19. Adjournments

20. Sittings to be public

21. Issue of process

22. Mode of securing attendance of accused persons, parties and witnesses

23. Examination on oath

24. Records and returns

25. A cause may be reported for transfer

26. Transfer of causes by a magistrate

27. Effect of an order of transfer

PART V



APPEAL FROM ISLAND COURTS



28. Civil appeals

29. Criminal appeals

30. Discretionary powers of a magistrate's court to entertain appeals

31. Summary dismissal of criminal appeals

32. Powers of magistrate's court in regard to criminal appeal

33. Additional evidence in any criminal appeal

34. Power of magistrate's court in regard to civil appeal

35. Further evidence at civil appeal

36. Neither notice of appeal nor appeal to operate as stay of execution

PART VI



REVISION OF DECISIONS OF ISLAND COURTS



37. Review by magistrate's court of island court cases

PART VII



MISCELLANEOUS



38. Concurrent jurisdiction of judges and magistrates

39. Fees and costs

40. Payment of fees and costs

41. Regulations

SCHEDULES

------------------------

An Ordinance to provide for the constitution of island courts, for the appointment of island magistrates and other officers thereof and for the regulation of their powers, duties and jurisdiction and for appeals from, and revision of, the decisions of island courts and for matters connected therewith



10 of 1965

10 of 1967

L.N. 63/68

2 of 1969

L.N. 40/69

9 of 1969

8 of 1971

9 of 1971

3 of 1972

L.N. 43/72

13 of 1972

(Cap. 3 of 1973)

L.N. 31/73

L.N. 12/74

L.N. 41/75

1 of 1982

8 of 1987

1 of 1988

4 of 1989

Commencement: 12th October 1965

PART I



PRELIMINARY



Short title and commencement in islands



1.

This Ordinance may be cited as the Island Courts Ordinance, and shall come into operation on such date or dates and in such island or islands as the Governor-General may by notice appoint and different dates may be appointed for different islands.

Interpretation



2

. In this Ordinance, unless the context otherwise requires -

"cause" shall include any action, suit or other original proceeding between a plaintiff and a defendant and any criminal proceeding;

"cause of action" in suits founded on contract shall not necessarily mean the whole cause of action; but a cause of action shall be deemed to have arisen within the jurisdiction if the con tract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere;

"island" includes any atoll and any chain of islands about a single lagoon or connected by a continuous reef formation and any place which the Governor-General may by notice declare to be an island for purposes of this Ordinance;

"island court" means an island court established under this Ordinance;

"island magistrate" means a person for the time being appointed as such under section 9;

"matter" includes every proceeding in a court not in a cause;

"suit" includes action, and means a civil proceeding commenced by writ of summons or such other means as may be prescribed and does not include any criminal proceeding;

"warrant", in relation to the constitution or jurisdiction of any island court, means the warrant appointing members to such island court as provided for in section 9(2).

PART II



CONSTITUTION, JURISDICTION AND POWERS OF ISLAND COURTS



Constitution of island courts



3

. (1) There shall be and are hereby constituted throughout Tuvalu courts of summary jurisdiction, to be known as island courts, subordinate to magistrates' courts, and to be presided over by persons appointed under the provisions of this Ordinance to be island magistrates and each island court, subject to the provisions of any other Ordinance, shall exercise such jurisdiction as is by this Ordinance provided.

(2) There shall be an island court in and for each such island as the Governor-General, acting in his discretion, shall by notice direct.

(3) Any power, authority, function or discretion vested in an island court by this or any other Ordinance or law shall be possessed and may be exercised by island magistrates sitting as in this Ordinance provided.

Territorial extent of jurisdiction of island courts



4

. Subject to any express provisions contained in this or any other Ordinance or in its warrant, an island court shall exercise jurisdiction within the limits of the island within which it is situated and its jurisdiction shall extend over any territorial waters adjacent to such island as well as over inland waters within and adjacent to such island.

Powers of island courts



5

. (1) Subject to the other provisions of this Ordinance and of any other law for the time being in force in Tuvalu, and island court shall have and exercise the jurisdiction in civil causes and matters for the time being set out in Schedule I and in criminal causes and matters for the time being set out in Schedule 2.

Schedule 1

Schedule 2

(2) The Governor-General, after consultation with the Chief Justice, may by notice add to, amend or delete, any part of Schedules 1 or 2.

Sentences which an island court may pass



6

. (1) An island court may, in any case in which such sentences are authorised by law, pass the following sentences -

(a) imprisonment for a term not exceeding 6 months; or

(b) a fine not exceeding $100; or

(c) both such imprisonment and such fine.

(2) An island court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.

(3) In determining the extent of an island court's jurisdiction under subsection (1) to pass a sentence of imprisonment the island court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided for in the subsection in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.

(4) When a person is convicted at one trial of 2 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.

(5) In the case of consecutive sentences imposed by an island court in respect of 2 or more distinct offences arising out of the same facts it shall not be necessary for such island court to send the offender for trial before a higher court, by reason only of the aggregate punishment for the several offences in respect of which such sentences are imposed being in excess of the punishment which it is competent to impose on conviction of a single offence:

Provided that the aggregate punishment imposed in the form of consecutive sentences shall not exceed twice the amount of punishment which such island court is competent to impose in respect of 1 offence in exercise of its ordinary jurisdiction.

(6) For the purposes of appeal or review 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.

(7) An island court may, in lieu of any other punishment, make an order placing an offender under the supervision of a probation officer or any other suitable person chosen by the court for that purpose for a period not exceeding 1 year and attach such conditions to the order as the court may think fit; and in the event of the offender's failure to comply with the order or of the commission of a further offence during the period of supervision, he shall appear before the island court which made such order and may be sentenced in respect of the first offence; and any sentence then passed upon him shall be in addition to any sentence imposed on him in respect of such further offence.

(8) Whenever an island court imposes a fine, or a sentence of which a fine forms a part, such court may, when passing judgment; order the whole or any part of such fine to be paid to any person in compensation for any loss or injury caused by the offence or in defraying any expenses incurred in bringing or prosecuting the charge.

Dismissal of Charges



7.

Notwithstanding that it thinks any charge against an accused person is proved, an island court, if it is of the opinion that it is not expedient to inflict punishment, may make an order dismissing the charge either absolutely or conditionally.

Treatment of young offenders



8.

(1) In this section, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say -

"child" means any person under the age of 14 years;

"young person" means a person who has attained the age of 14 years and is under the age of 17 years.

(2) No island court shall impose imprisonment on any child.

(3) No island court shall impose imprisonment on any young person unless -

(a) he is over the age of 15 years; and

(b) unless the island court, having obtained and considered information about the circumstances of the offence and his age and character, is of the opinion that no other method of dealing with him is appropriate.

(4) No imprisonment imposed under subsection (3) shall exceed 1 month in duration.

(5) Where a child or young person is convicted by an island court of any offence for the commission of which a fine, damages or costs may be imposed, if such island court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without any other punishment, the island court may, and, in the case of a child, shall order that the fine, damages or costs awarded be paid by the parent or guardian of the child or young person convicted, instead of by such child or young person, unless the island court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

(6) In the case of any child or young person convicted by it of any offence, an island court may order his parent or guardian to give security in some sum not exceeding $20 for his good behaviour for any period not exceeding 1 year.

(7) An island court may require the attendance before it of any parent or guardian of any child or young person charged with an offence before the court and if such parent or guardian will not appear voluntarily may compel his attendance in like manner to that in which witnesses are compelled to attend.

(8) In lieu of any other sentence which an island court may lawfully impose on any male child or male young person, the provisions of section 6(1) to the contrary notwithstanding, it may order his parent or guardian to cane him with a specific number of strokes of a cane not exceeding, in the case of a child, 6 strokes, and in the case of a young person, 10 strokes; and any strokes so ordered shall be administered in accordance with such regulations as may, for the time being, be in force and in the presence of a member of the island court.

(9) Any parent or guardian who without lawful justification or excuse fails to obey an order given under subsection (8) shall commit an offence triable summarily by an island court, or other court of competent jurisdiction, and shall be liable to a fine of $10.

PART III



OFFICERS OF ISLAND COURTS



Composition of island courts and appointment of island magistrates



9

. (1) Each island court shall be composed of 3 members, to be known as island magistrates, and who shall be president, vice-president and ordinary member of the court respectively; and the president shall take precedence of the other members and the vice-president shall take precedence of the ordinary member.

(2) The Governor-General, acting in accordance with the advice of the Public Service Commission, and subject to the approval either general or specific of the Chief Justice or a person authorized by him for the purpose, may appoint fit and proper persons to be the members of each island court, declaring which members shall be president, vice-president and ordinary member respectively, and, acting in accordance with the advice of the Public Service Commission and subject to the approval, either general or specific, of the Chief Justice or a person authorized by him for the purpose, may further appoint any person or persons to be temporary members for the purpose of filling any vacancy that may occur due to the temporary incapacity of a member:

Provided that –

(a) a member of a local government council established under section 3 of the Local Government Act; or

(b) a member of a lands court under section 6 of the Native Lands Act; or

(c) a member of the Lands Courts Appeals Panel under section 9 of the Native Lands Act; or

(d) a member or a special member of any committee of a co-operative society registered under the Co-operative Societies Act,

is not eligible for appointment as an island magistrate.

(2A) The Governor-General acting in accordance with the advice of the Public Service Commission and subject to the approval, either general or specific, of the Chief Justice or a person authorized by him for the purpose, may remove from office an island magistrate.

(3) Save as is otherwise expressly provided by any law for the time being in force in Tuvalu, every civil and criminal proceeding in any island court and all business arising therefrom shall be heard and determined by the 3 members of such court sitting together.

Decisions of island courts



10

. Any decision, whether final or not, of an island court shall be that of the 3 island magistrates of which such court is composed, or failing agreement between them, the decision of the majority of them shall prevail.

Procedure where island magistrate is unable to adjudicate by reason of personal interest, etc.



11

. Where an island magistrate is a party to a cause or matter or is unable from personal interest or other sufficient reason to adjudicate on any cause or matter, he shall be replaced as a member of the court during such incapacity in accordance with the provisions contained in the court's warrant for the filling of casual vacancies, or, if for any reason his replacement under those provisions is not possible, the magistrate for the time being empowered to exercise powers of review under section 37 in respect of such cause or matter may direct some other island magistrate to act instead of the aforesaid island magistrate for the hearing and determination of such particular cause or matter.

Clerk of court



12

. (1) There shall be a clerk of court attached to each island court who shall be appointed by the Senior Magistrate and who shall, subject to the general supervision of the Senior Magistrate, be under the immediate direction and control of the island magistrates for the time being exercising the jurisdiction of the island court to which he is attached.

(2) The duties of every clerk of court shall be -

(a) to keep true and accurate minutes of all proceedings in the island court to which he is attached and to record minutes of all evidence given therein and the judgments, convictions and orders of such island court;

(b) to fill up or cause to be filled up all summonses, warrants, orders, convictions, recognisances, writs of execution and other documents and to submit the same for the signature of the island magistrate for the time being performing the duties of president of the island court concerned or as may, be otherwise prescribed or required;

(c) to issue any civil processes in accordance with the law;

(d) to attend all sittings of the island court;

(e) to receive or cause to be received all fees, fines and penalties and all other moneys paid or deposited in respect of proceedings in the island court and to keep or cause to be kept true and accurate accounts of the same; and

(f) to perform such other duties as may be assigned to him by the Senior Magistrate.

Execution and service of processes



13.

(1) Any process of an island court may be executed or served by any person authorised to do so by such court, either generally or in any particular case, and such person shall for all purposes of such execution and connected therewith be an officer of the island court.

(2) All police officers are hereby authorised and required to obey the warrants, orders and directions of an island court in the exercise of its criminal jurisdiction, and, in so far as such obedience may be authorised and required by any Ordinance in that behalf, of its civil jurisdiction.

Protection of island magistrates and officers of island courts



14

. No island magistrate shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, provided that he, at the time, in good faith believed himself to have jurisdiction to do or order the act complained of; and no officer of any island court shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the court issuing the same.

2014-07-19 18:44
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • Контрольная работа
  • © sanaalar.ru
    Образовательные документы для студентов.