Criminal Procedure Code at Fiji

The Criminal Procedure Act 2009 is the primary legislation governing criminal procedure in Fiji. It replaced the previous Criminal Procedure Code (Cap. 21) and introduced significant reforms to modernize the criminal justice system. The Act is available in full on the official Laws of Fiji website: 

⚖️ Key Features of the Criminal Procedure Act 2009

1. Powers of Courts

The Act outlines the powers and jurisdiction of various courts in Fiji, including the High Court and Magistrates Courts.

It specifies the types of sentences that can be imposed by these courts.

2. Arrest Powers and Procedures

The Act provides detailed provisions on the powers of arrest, including arrest without a warrant, search and seizure, and the treatment of arrested persons.

It also covers procedures for the detention and questioning of suspects.

3. Institution of Proceedings

The Act outlines the procedures for instituting criminal proceedings, including the issuance of summonses and warrants.

It specifies the requirements for charging individuals and the information that must be included in charges.

4. Trial Procedures

The Act details the procedures for conducting trials in Magistrates Courts and the High Court.

It covers aspects such as the arraignment of the accused, the presentation of evidence, the examination of witnesses, and the delivery of judgments. 

5. Sentencing and Appeals

The Act provides guidelines on sentencing, including the factors that courts should consider when determining sentences.

It also outlines the procedures for appealing convictions and sentences.

6. Protection of Vulnerable Witnesses

The Act includes provisions to protect vulnerable witnesses, such as children and victims of sexual offenses, during the trial process.

It allows for alternative methods of giving evidence to minimize trauma to these witnesses. 

7. Implementation of International Treaties

The Act provides procedures for implementing international treaties and conventions related to criminal justice.

It ensures that Fiji's criminal justice system aligns with its international obligations. 

🧾 Accessing the Full Text

You can access the full text of the Criminal Procedure Act 2009 on the official Laws of Fiji website:

 

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