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LAWS OF FIJI
RETURN TO LAWS
BACK
CHAPTER 21
CRIMINAL PROCEDURE CODE
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ARRANGEMENT OF SECTIONS
PART I—PRELIMINARY
SECTION
1 Short title
2 Interpretation.
3. Trial of offences under Penal Code and other laws.
PART II—POWERS OF COURTS
4 Offences under Penal Code.
5 Offences under other laws.
6 Sentences which Supreme Court may pass.
7 Sentences which a resident magistrate may pass.
8 Sentences which: a second class magistrate may pass,
9 Sentences which a third class magistrate may pass.
10 Powers and jurisdiction of Fiji an courts.
11 Combination of sentences.
12 Sentence in cases of conviction, of several offences at one trial.
PART III—GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKING
Arrest Generally
13 Arrest, how made.
14 Search of place entered by person sought to be arrested.
15 Power to break out of house, etc., for purpose of liberation.
16 No unnecessary restraint.
17 Search of arrested persons.
18 Power of police officers to detain and search persons, vehicles and vessels in certain circumstances.
19 Mode of searching women.
20 Power to seize offensive weapons.
Arrest without warrant
21 Arrest by police officer.
22 Refusal to give name and residence.
23 Disposal of persons arrested by police officer.
24 Arrest by private person.
25 Disposal of person arrested by private person.
26 Detention of persons arrested without warrant.
27 Offence committed in magistrate's presence.
28 Arrest by magistrate.
Escape and Retaking
29 Recapture of person escaping.
30 Application of provisions of sections 14 and 15.
31 Assistance to magistrate OT police officer.
PREVENTION OF OFFENCES
Security for keeping the Peace and for Good Behaviour
32 Security for keeping the peace.
33 Security for good behaviour from persons disseminating seditious matters.
34 Security for good behaviour from vagrants and suspected persons.
35 Security for good behaviour from habitual offenders.
36 Making of order.
37 Procedure in respect of person present in court.
38 Summons or warrant in case of person not present in court.
39 Copy of order to accompany summons or warrant.
40 Power to dispense with personal attendance.
41 Inquiry as to truth of information.
42 Order to give security.
43 Discharge of person informed against.
Proceedings subsequent to Order to Furnish Security
44 Commencement of period for which security is required.
45 Contents of recognizance.
46 Power to reject sureties.
47 Procedure on failure of person to give security.
48 Release of persons imprisoned for failure to give security.
49 Power of Supreme Court to cancel recognizance.
50 Discharge of sureties.
PREVENTIVE ACTION OF THE POLICE
51 Police to prevent cognizable offences.
52 Information of design to commit such offences.
53 Arrest to prevent such offences.
54 Prevention of injury to public property.
55 Power to arrest and produce before court person attempting to kill himself.
FART IV—PROVISIONS RELATING TO ALL CRIMINAL
INVESTIGATIONS
PLACE OF INQUIRY OR TRIAL
56 General authority of courts of Fiji.
57 Accused person to be sent to division where offence committed
58 Removal of accused person under warrant.
59 Jurisdiction of Supreme Court.
60 Place and date of sessions of Supreme Court.
61 Ordinary place of inquiry or trial.
62 Trial at place where act done or consequence ensues.
63 Trial where offence is connected with another offence
64 Trial where place of offence is uncertain
65 Offence committed on a journey
66 Supreme Court to decide in case of doubt
67 Court to be open
TRANSFER OF CASES
68 Transfer of case where offence committed outside jurisdiction
69 Transfer after commencement of inquiry or trial
70 Power to change venue
CONTROL OF CROWN IN CRIMINAL PROCEEDINGS
71. Power of Director of Public Prosecutions to enter nolle prosequi
72. Crown Counsel
APPOINTMENT OF PUBLIC PROSECUTORS AND
CONDUCT OF PROSECUTIONS
73 Power to appoint public prosecutors
74 Powers of public prosecutors
75 Police may conduct prosecutions before magistrates' courts
76 Prosecutors to be subject to directions of Director of Public Prosecutions
77 Conduct of prosecution
INSTITUTION OF PROCEEDINGS
Proceedings by way of Summons or Warrant
78 Complaint and charge
79 Issue of summons or warrant
Proceedings by way of Notice to Attend Court
80. Notice to attend court
Proceedings by way of Fixed Penalty Notice
80A. Interpretation, etc.
80B. Issue of fixed penalty notice
80C. Procedure consequent upon issue of fixed penalty notice
80D. Unauthorised removal of, or interference with, notice
PROCESS TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
Summons
81.Form and contents of summons.
82 Service of summons
83 Service when person summoned cannot be found
84 Procedure when service cannot be effected as before provided
85. Service on a company
86. Where summons may be served
87. Proof of service when serving officer not present
88. Power to dispense with personal attendance of accused
Warrant of Arrest
89. Warrant after issue of summons
90 Summons disobeyed
91 Form, contents and duration of warrant of arrest
92 Court may direct security to be taken
93 Warrants, to whom directed
94 Notification of substance of warrant
95 Person arrested to be brought before the court without delay
96 Where warrant of arrest may be executed
97 Procedure on arrest of person outside jurisdiction
98 Irregularities in warrant
Miscellaneous Provisions regarding Processes
99 Power to take bond for appearance
100 Arrest for breach of bond for appearance
101 Power of court to order prisoner to be brought before it
102 Provision of this Part generally applicable to all summonses and warrants
103Powers of justices of the peace
SEARCH WARRANTS
104 Power to issue search warrant
105 Execution of search warrant
106 Persons in charge of closed place to allow ingress thereto and egress therefrom
107 Detention of property seized
108 Provisions applicable to search warrants
PROVISIONS AS TO BAIL AND RECOGNIZANCES
109 Bail in certain cases
110 Recognizance of bail
111 Discharge from custody
112 Deposit instead of recognizance
113 Power to order sufficient bail when that first taken is insufficient
114 Discharge of sureties
115 Death of surety
116 Persons bound by recognizance absconding may be committed
117 Forfeiture of recognizance
118 Appeal from and revision of orders
119 Power to direct levy of amount due on certain recognizances
CHARGES AND INPORMATIONS
120 Offence to be specified in charge or information with necessary particulars
121 Joinder of counts in a charge or information
122 Joinder of two or more accused in one charge or information
123 Rules for the framing of charges and informations
PREVIOUS CONVICTION OR ACQUITTAL
124 Persons convicted or acquitted not to be tried again for same offence
125 Person may be tried again for separate offence
126 Consequences supervening .or not known at former trial
127 Where original court not competent to try subsequent charge
128 Previous conviction, how proved. Fingerprints
OFFENCES BY FOREIGNERS WITHIN THE WATERS OF FUI
128. Leave of Director of Public Prosecutions necessary before prosecution instituted
COMPELLING ATTENDANCE OF WITNESSES
129. Summons for witness
130. Warrant for witness who disobeys summons
131. Warrant for witness in first instance
132. Mode of dealing with witness arrested under warrant
133. Power to order prisoner to be brought up for examination
134. Penalty for non-attendance of witness
EXAMINATION OF WITNESSES
135. Power to summon material witnesses, or examine person present
136. Evidence to be given on oath
137. Refractory witness
138. Cases when wife or husband may be called without the consent of the accused
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
139. Issue of commission for examination of witness
140. Parties may examine witnesses
141. Power of magistrate to apply for issue of commission
142. Return of commission
143. Adjournment of inquiry or trial
NEGATIVE AVERMENTS
144. Negative averments
EVIDENCE FOR DEFENCE
145. Competency of accused and husband or wife as witnesses in criminal cases
146. Procedure where person charged is the only witness called
147. Right of reply
PROCEDURE IN CASE OF THE UNSOUNDNESS OF MIND OR OTHER
INCAPACITY OF AN ACCUSED PERSON
148. Inquiry by court as to unsoundness of mind of accused
149. Defence of unsoundness of mind at preliminary investigation
150. Defence of unsoundness of mind on trial
151. Resumption of trial or investigation
152. Certificate of medical officer of mental hospital as to sanity to be evidence
153. Procedure when accused does not understand proceedings
JUDGMENT
154. Mode of delivering judgment
155. Contents of judgment
156. Judgment in trials before the Supreme Court
157. Copy of judgment, etc., to be given to accused on application
COSTS AND COMPENSATION
158. Costs against accused. Costs against prosecutor
159. Order to pay costs appealable
160. Compensation
161. Power of courts to award expenses or compensation out of fine, etc.
162. Payment to innocent person of money found on accused
RECONCILIATION
163. Promotion of reconciliation
RESTITUTION OF PROPERTY
164. Preservation or disposal of property
165. Property stolen
166. Stay of order
167. Restoration of possession of real property
168. Procedure by police on seizure of property
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
169. Conviction of minor offences included in offence charged
170. Conviction of attempt
171. Conviction of infanticide of woman charged with murder of child
172. Conviction of killing unborn child on charge of murder, etc.
173. Conviction of procuring abortion on charge of killing unborn child
174. Conviction of concealment of birth on charge of murder, etc,
175. Conviction of careless or dangerous driving on charge of manslaughter
176. Conviction of kindred offence on charge of rape
177 Conviction of unlawful carnal knowledge on charge of incest
178 Conviction of kindred offence on charge of defilement of girl under sixteen years of age
179. Conviction of kindred offence on charge of defilement of girl under
thirteen years of age
180. Conviction of kindred offence on charge of burglary, etc.
181 Conviction of receiving, embezzlement, obtaining by false pretences or possessing or conveying stolen property on charge of stealing
182. Conviction of stealing on charge of obtaining by false pretences
183. Conviction of assault with intent to rob on charge of robbery
184. Conviction of stealing on charge of embezzlement
185. Construction of sections 169 to 184 inclusive
MISCELLANEOUS PROVISIONS
186 Persons charged with jointly receiving property may be convicted on proof that property was received separately
187. Conviction of felony on charge of misdemeanour
188. Right of accused to be defended
PART V— MODE OF TAKING AND RECORDING EVIDENCE
IN INQUIRIES AND TRIALS
189. Evidence to be taken in presence of accused
190. Manner of recording evidence before magistrate
191. Admission of signed plan or report
192. Statements in criminal proceedings other than a preliminary enquiry
193. False evidence
194. Language of the court
195. Interpretation of evidence to accused
196 Conviction or commitment on evidence partly recorded by one magistrate and partly by another
197. Record of evidence in Supreme Court
PART VI—PROCEDURE IN TRIALS BEFORE
MAGISTRATES' COURTS
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
198. Non-appearance of complainant at hearing
199. Court may proceed with hearing in absence of accused in certain cases
200. Appearance of both parties
201. Withdrawal of complaint
202. Adjournment
203. Non-appearance of parties after adjournment
204. Conviction in absence of accused may be set aside
205. Commencement of sentence passed in absence of accused
206. Accused to be called on to plead
207. Procedure in case of previous convictions
208. Plea of guilty to other offence
209. Procedure on plea of "not guilty"
210. Acquittal of accused person where no case to answer
211. The defence
212. Evidence in reply
213. Opening and closing of case for prosecution and defence
214. Variance between charge and evidence and amendment of charge
215. The decision
216. Consideration of other offences admitted by accused
217. Drawing up of conviction or order
218. Order of acquittal bar to further procedure
LIMITATIONS AND EXCEPTIONS RELATING TO TRIALS BEFORE
MAGISTRATES' COURTS
219 Limitation of time for summary trials in certain cases
220 Power to stop summary trial and hold preliminary inquiry in lieu
221 Special procedure in minor cases
222 Committal by resident magistrate to Supreme Court for sentence
PART VII— PROVISIONS RELATING TO THE COMMITTAL OF AC-
CUSED PERSONS FOR TRIAL BEFORE THE SUPREME COURT
PRELIMINARY INQUIRY BY MAGISTRATES' COURTS
223 Power to commit for trial.
224 Court to hold preliminary inquiry
225 Charge to be read over to accused
226 Depositions
227 Variance between evidence and charge
228 Remand
229 Provisions as to taking statement or evidence of accused person
230 Evidence and address in defence
231 Discharge of accused person
232 Power to apply to Supreme Court for committal in certain cases where accused person discharged
233 Commitment for trial
234 Rules as to alibi
235 Summary adjudication
236 Complainant and witnesses to be bound over
237 Refusal to be bound over
238 Accused entitled to copy of depositions
239 Binding over of witnesses conditionally
PRESERVATION OP TESTIMONY IN CERTAIN CASES
240. Taking the depositions of persons dangerously ill
241. Notice to be given
242. Transmission of statements
243. Use of statement in evidence
PROCEEDINGS AFTER COMMITTAL FOR TRIAL
244. Transmission of records to Supreme Court and Director of Public
Prosecutions
245. Power of Director of Public Prosecutions to direct further investigation
246. Powers of Director of Public Prosecutions as to additional witnesses
247. Return of depositions with a view to summary trial
248. Filing of an information
249. Notice of trial
250. Copy of information and notice to be served
251. Return of service
252. Postponement of trial
253. Information by the Director of Public Prosecutions
254. Form of information
PART VIII—COMMITTAL PROCEEDINGS
255. Committal for trial without oral evidence
256. Requirements for the admissibility of written statements
257. Reports of committal proceedings
258. Clerk to display notice
259. Reporting
260. Signing of depositions by magistrate
261. False evidence
PART IX—PROCEDURE IN TRIALS BEFORE THE SUPREME COURT
GENERAL
262. Practice of Supreme Court in its criminal jurisdiction
MODE OF TRIAL
263. Trials before Supreme Court to be with assessors
LIST OF ASSESSORS
264. Preparation of Lists of assessors
265. Liability to service
266. Exemptions
267. Disqualifications
ATTENDANCE OF ASSESSORS
268. Summoning of assessors
269. Form of summons
270. Excuses
271. List of assessors attending
272. Penalty for non-attendance of assessor
ARRAIGNMENT
273. Pleading to information
274. Orders for amendment of information, separate trial, and postponement of trial
275. Quashing of information
276. Procedure in case of previous convictions
277. Plea of "not guilty"
278. Plea of guilty to other offence
279. Plea of autrefois acquit and autrefois convict
280. Refusal to plead
281. Plea of "guilty"
282. Proceedings after plea of "not guilty"
283. Power to postpone or adjourn proceedings
ASSESSORS
284. Selection of assessors
285. Absence of an assessor
286. Assessors to attend at adjourned sittings
CASE FOR THE PROSECUTION
287. Opening of case for prosecution
288. Additional witnesses for prosecution
289. Cross-examination of witnesses for the prosecution
290. Depositions may be read as evidence in certain cases
291. Depositions of medical witness may be read as evidence
292. Statement of accused
293. Close of case for prosecution
CASE FOR THE DEFENCE
294 The defence.
295 Additional witness for the defence
296 Evidence in reply
297 Prosecutor's reply
298 Where accused adduces no evidence
299 Delivery of opinions by assessors
PASSING SENTENCE
300 Calling upon the accused
301 Motion in arrest of judgment
302 Sentence
303 Power to reserve decision on questions raised at trial
304 Power to reserve decision on questions arising in the course of trial
305 Objections cured by verdict
306 Evidence for arriving at proper sentence
307 Consideration of other offence admitted by accused
PART X—APPEALS
APPEALS FROM MAGISTRATES' COURTS
Appeals
308 Appeal to Supreme Court
309 Limitation of appeal on plea of guilty and in petty cases
310 Appeal to be by way of petition
311 Form and contents of petition
312 Petition to be forwarded to the Supreme Court
313 Summary dismissal of appeal
314 Notice of hearing
315 Admission to bail or suspension of sentence pending appeal
316 Suspension of sentence of corporal punishment
317 Costs
318 Discontinuance of appeal
319 Powers of Supreme Court
320 Further evidence
321 Order of the Supreme Court to be certified to lower court
322 Right of appellant to be present
Revision
323 Power of Supreme Court to call for records
324 Power of magistrates to call for records of inferior courts and to report to the Supreme Court
325 Powers of Supreme Court on revision
326 Discretion of court as to hearing parties
327 Number of judges in revision
328 Supreme Court order to be certified to lower court
Case Stated
329 Case stated by magistrates' court
330 Appellant entitled to copy of stated case
331 Notice of time and place of hearing
332 Refusal of frivolous application
333 Procedure on refusal of magistrate to state case
334 Supreme Court to determine the questions on the case; its decision to be final
335 Case may be sent back for amendment or rehearing
336 Orders of the Supreme Court to be certified to lower court
337 Appellant may not proceed both by case stated and by appeal
338 Contents of case stated
339 Constitution of court hearing case stated
340 Supreme Court may enlarge time
PART XI—SUPPLEMENTARY PROVISIONS
IRREGULAR PROCEEDINGS
341. Proceedings in wrong place
342. No appeal on point of form or matter of variance
DIRECTION IN THE NATURE OF HABEAS CORPUS AND WRITS
343. Power to issue directions of the nature of habeas corpus
344. Power of Supreme court to issue writs
MISCELLANEOUS
345. Persons before whom affidavits may be sworn
346. Shorthand notes and typewritten records of proceedings
347. Copies of proceedings
348. Forms
349. Expenses of assessors, witnesses, etc.
350. Application of Code to Rotuma
First Schedule—Offences under the Penal Code
Second Schedule—Forms
Third Schedule—Described Offences and Fixed Penalties
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Ordinances Nos. 19 of 1944, 26 of 1945, 18 of 1947, IS of 1948, 24 of 1950, II of 1952, 27 of 1953, 3? of 1954, 4 of 1955, 19 of 1955, 35 of1961, 37 of 1966, 13 of1969, 26 of1969,9 of 1970 Orders 7th October 1970* and 4th November 1970+ Acts Nos. 12 of 1971, II of 1972, 29 o f 1972, 16 of 1973, II of 1974, 14 of 197S, 18 of 1976, 3 of 1983
AN ACT TO MAKE PROVISION FOR THE PROCEDURE TO BE
FOLLOWED IN CRIMINAL CASES.
[1 May 1945]
PART I—PRELIMINARY
Short title
1. This Act (hereinafter referred to as this Code) may be cited as the Criminal Procedure Code.
* See Legal Notice No. 112 of 1970.
+ See Legal Notice No. 118 of 1970.
Interpretation
2. In this Code, unless the context otherwise requires—
- "cognizable offence" means an offence for which a police officer may, in accordance with the First Schedule or under any law for the time being in force, arrest without warrant;
- "complaint" means an allegation that some person known or unknown has committed or is guilty of an offence;
"medical practitioner" means any person registered, conditionally or otherwise, under the provisions of the Medical and Dental Practitioners Act; (Substituted by Ordinance 37 of 1966, s. 6.)
(Cap. 255.)
"non-cognizable offence" means an offence for which a police officer may not arrest without warrant;
"police officer" includes any member of the Royal Fiji Police Force;
- "preliminary investigation" means an investigation of a criminal charge held by a magistrates' court with a view to the committal of the accused person for trial before the Supreme Court;
- "private prosecution" means a prosecution instituted and conducted by any person other than a public prosecutor or a police officer;
- "public prosecutor" means any person appointed under section 73 of this Code, and includes the Attorney-General, the Director of Public Prosecutions, a Crown Counsel, any police officer and any person acting under the directions of the Attorney-General;
"summary trial" means a trial held by a magistrates' court under Part VI.
(Amended by Order*, 7th October 1970.)
Trial of offences under Penal Code
3.—(1) All offences under the Penal Code shall be inquired into, tried, and otherwise, dealt with according to the provisions hereinafter contained.
(Amended by Act 16 of 1973, s. 2.)
(Cap. 17.)
Trial of offences under other laws
(2) All offences under any other law shall be inquired into, tried, and otherwise dealt with according to the same provisions, subject, however, to any enactment for the time being in force regulating the manner or place of inquiring into, trying, or otherwise dealing with such offences.
Saving power of Supreme Court
(3) Provided, however, and notwithstanding anything in this Code contained, the Supreme Court may, subject to the provisions of any law for the time being in force in Fiji, in exercising its criminal jurisdiction in respect of any matter or thing to which the procedure prescribed by this Code is inapplicable, exercise such jurisdiction according to the course of procedure and practice observed by and before Her Majesty's High Court of Justice in England at the commencement of this Code.
* See Legal Notice No. 112 of 1970.
PART II—POWERS OF COURTS
Offences under Penal Code
4.—(1) Subject to the other provisions of this Code, any offence under the Penal Code may be tried by the Supreme Court, or by any magistrate by whom such offence is shown in the fifth column of the First Schedule to be triable:
Provided that where so stated in the fifth column of the First Schedule the offence shall not be tried by a magistrate unless the consent of the accused to such trial has first been obtained.
Extension of jurisdiction
(2) Notwithstanding the provisions of subsection (l),a judge of the Supreme Court may, by order under his hand and the seal of the Supreme Court, in any particular case, invest a resident magistrate with jurisdiction to try any offence which, in the absence of such order, would be beyond his jurisdiction:
Provided nevertheless that in no such case shall the sentence passed exceed the limits specified in section 7. (Amended by Ordinance 18 of 1947, s. 2, and by Ordert 4th November 1970.
+ See Legal Notice No. 44 of 1977.
t See Legal Notice No. 118 of 1970.
Offences under other laws
5.—(1) Any offence under any law other than the Penal Code shall, when any court is mentioned in that behalf in such law, be. tried by such court, (Cap. 17)
(2) When no court is so mentioned, it may, subject to the proviso to subsection (1) of section 4 and the other provisions of this Code, be tried by the Supreme Court, or by any magistrate by whom such offence is shown in the fifth column of the First Schedule to be triable.
Sentences which Supreme Court may pass
6. The Supreme Court may pass any sentence authorised by law and may make any order which a magistrate is authorised to make.
(Amended by 3? of 1959, s. 2.)
Sentences which a resident magistrate may pass
7. A resident magistrate may, in the cases in which such sentences are authorised by law, pass the following sentences, namely:—
(a) imprisonment for a term not exceeding five years;
(Amended by 18 of 1960, s. 2.)
(b) fine not exceeding one thousand dollars;
(c) corporal punishment not exceeding twelve strokes.
(Amended by 13 of 1969, s. 2 and II of 1974, s. 2.)
Sentences which a second class magistrate may pass
8. A second class magistrate, may, in the cases in which such sentences are authorised by law, pass the following sentences, namely:—
(a) imprisonment for a term not exceeding one year;
(b) fine not exceeding two hundred dollars;
(c) corporal punishment not exceeding twelve strokes.
(Amended by 11 of 1974, s. 3.)
Sentences which a third, class magistrate may pass
9. A third class magistrate may, in the cases in which such sentences are authorised by law, pass the following sentences, namely;—
(a) imprisonment for a term not exceeding six months;
(b) fine not exceeding one hundred dollars.
(Amended by 11 of 1974, s. 4.)
Powers and jurisdiction of Fijian courts
10. Provincial courts and tikina courts established under the Fijian Affairs Act shall have and exercise the powers and jurisdiction conferred upon them by or under that Act. (Cap. 120)
Combination of sentences
11.—(1) Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.
(2) In determining the extent of the court's jurisdiction under sections 7, 8 and 9 to pass a sentence of imprisonment the court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided in the said sections in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.
Sentence in cases of conviction of several offences at one. trial
12.—(1) When a person is convicted at one trial of two or more distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefor which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences it shall not be necessary for the court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to impose on conviction of a single offence, to send the offender for trial before a higher court;
Provided as follows:—
- in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; and
- if the case is tried by a magistrates' court the aggregate punishment shall not exceed twice the amount of punishment which the court is, in the exercise of its ordinary jurisdiction, competent to impose.
(3) For the purposes of appeal or confirmation the aggregate of consecutive sentences imposed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.
PART III—GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKINO
Arrest Generally
Arrest
13.—(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest such police officer or other person may use all means necessary to effect the arrest:
Provided that nothing in this section contained shall be deemed to justify the
use of greater force than was reasonable in the particular circumstances in which it
was employed or was necessary for the apprehension of the offender.
Search of place entered by person sought to be arrested
14.—(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto and afford al) reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant, and, in any casein which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer, to enter such place and search therein, and, in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, or otherwise effect entry into such house or place, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.
Power to break out of house, etc., for purpose of liberation
15. Any police officer or other person authorised to make an arrest may break out of any house or place in order to liberate himself or any other person who having lawfully entered for the purpose of making an arrest, is detained therein.
No unnecessary restraint
16. The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
Search of arrested persons
17.—(1) Whenever a person is arrested by a police officer or a private person the police officer making the arrest or to whom the private person makes over the person arrested may search such person and any articles in his possession or under his control, and place in safe custody all articles found in his possession or under his control and any article found upon him, except necessary wearing apparel:
(Amended by 13 of 1969, s. 3.)
Provided that whenever the person arrested can be legally admitted to bail and bail is furnished, such person shall not be searched unless there are reasonable grounds for believing that he has about his person any—
- stolen articles; or
- instruments of violence; or
- tools connected with the kind of offence which he is alleged to have committed; or
- other articles which may furnish evidence against him in regard to the offence which he is alleged to have committed.
(2) The light to search an arrested person does not include the right., to examine his private person.
(3) Where any property has been taken from a person under this section, and the person is not charged before any court but is released on the ground that there is no sufficient reason to believe that he has committed any offence, any property so taken from him shall be restored to him.
Power of police officer to detain and search persons, vehicles and vessels in certain circumstances
18.—(1) Any police officer who has reason to suspect that any article stolen or unlawfully obtained, or any article in respect of which a criminal offence or an offence against the customs laws has been, is being, or is about to be, committed, is being conveyed, whether on any person or in any vehicle, package or otherwise, or is concealed or carried on any person in a public place, or is concealed or contained in any vehicle or package in a public place, for the purpose of being conveyed, may, without warrant or other written authority, detain and search any such person vehicle or package, and may take possession of and detain any such article which he may reasonably suspect to have been stolen or unlawfully obtained or in respect of which he may reasonably suspect that a criminal offence or an offence against the customs laws has been, is being, or is about to be committed, together with the package, if any, containing, it, and may also detain the person conveying, concealing or carrying such article:
Provided that this subsection shall not extend to the case of postal matter in transit by post except where such postal matter has been, or is suspected of having been, dishonestly appropriated during such transit.
(2) Any police officer of or above the rank of sergeant may, if he has reason to suspect that there is on board any vessel any property stolen or unlawfully obtained, enter without warrant, and with or without assistants, on board such vessel, and may remain on board for such reasonable time as he may deem expedient, and may search with or without assistance any and every part of such vessel, and, after demand and refusal of keys, may break open any receptacle, and upon discovery of any property which he may reasonably suspect to have been stolen or unlawfully obtained, may take possession of and detain such property and may also detain the person in whose possession the same is found. Such police officer may pursue and detain any person who is in the act of conveying any such property away from any such vessel or after such person has landed with the property so conveyed away or found in his possession.
(3) Any police officer may, if he has reason to suspect that an offence has been committed, seize any articles which may be in a public place and which may furnish evidence in regard to the commission of such offence:
Provided that no articles may be seized under the provisions of this subsection unless there is a possibility of such articles being removed or dealt with in such a way as to prevent their being available as evidence. (inserted by 13 of 1969, s.4)
(4) Any person detained under this section shall be dealt with under the provisions of section 26.
Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Power to seize offensive weapons
Notwithstanding the provisions of section 17, the officer or other person making any arrest may take from the person arrested any instruments of violence which he has about his person, and shall deliver all articles so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.
Arrest without Warrant
Any police officer may, without an order from a magistrate and without a warrant, arrest¾
- any person whom he suspects upon reasonable grounds of having committed a cognizable offence;
- any person who commits any offence in his presence;
- any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
- any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;
- any person whom he suspects upon reasonable grounds of being a deserter from Her Majesty's Army or Navy or Air Force;
- any person whom he finds in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
- any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Fiji which, if committed in Fiji, would have been punishable as an offence, and for which he is, under the Extradition Act, or otherwise, liable to be apprehended and detained in Fiji; (Cap. 23)
- any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;
- any released convict committing a breach of any provision prescribed by section 46 of the Penal Code or of any rule made thereunder;
- any person for whom he has reasonable cause to believe a warrant of arrest has been issued.
Refusal to give name and residence
—(1) When any person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offence refuses on the demand of such officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a magistrate if so required:
Provided that if such person is not resident in Fiji the bond shall be secured by a surety or sureties resident in Fiji.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be taken before the nearest magistrate having jurisdiction.
Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a magistrate or before an officer of or above the rank of sergeant.
Arrest by private person
—(1) Any private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony provided a felony has been committed.
(2) Persons found committing any offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or persons authorised by him.
Disposal of person arrested by private person
25.—(1) Any private person arresting any other person without a warrant shall without unnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take such person to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 21, a police officer shall re-arrest him.
(3) If there is reason be believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 22. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.
Detention of persons arrested without warrant
*26. When any person has been taken into custody without a warrant for an offence other than murder or treason, the officer of or above the rank of corporal to whom such person shall have been brought may in any case and shall, if it does not appear practicable to bring such person before an appropriate magistrates' court within twenty-four hours after he has been so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his entering into a recognizance, with or without sureties, for a reasonable amount to appear before a magistrates' court at a time and place to be named in the recognizance, but where any person is retained in custody he shall be brought before a magistrates' court as soon as practicable:
Provided that an officer of or above the rank of sergeant may release a person
arrested on suspicion on a charge of committing any offence, when, after due police
inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with
the charge.
Offence committed in magistrate's presence
27. When any offence is committed in the presence of a magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
Arrest by magistrate
28. Any magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Escape and retaking
Recapture of person escaping
29. If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Fiji.
Provisions of sections 14 and 15 to apply to arrests under section 29
30. The provisions of sections 14 and 15 shall apply to arrests under section 29, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
" Amended by 37 of 1954 and II of 1972 s. 2.
Assistance to magistrate or police officer
31. Every person is bound to assist a magistrate or police officer reasonably demanding his aid—
- in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest;
- in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.
PREVENTION OF OFFENCES
Security for keeping the. Peace and for Good Behaviour
Security for keeping the peace
*32.—(1) Whenever a magistrate is informed on oath that any person is likely to commit a breach of the peace, or to do any wrongful act that may probably occasion a breach of the peace, the magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognizance, with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate thinks fit.
(2) Proceedings shall not be taken under this section unless either the person informed against, or the place where the breach of the peace or disturbance is apprehended, is within the local limits of such magistrate's jurisdiction.
Security for good behaviour from persons disseminating seditious mailers
*33. Whenever a resident or second class magistrate has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner, disseminates, or attempts to disseminate, or in any wise abets the dissemination of—
(a) any seditious matter, that is to say, any matter the publication of which
- is punishable under section 66 of the Penal Code; or (Cap. 17)
- any matter which is likely to be dangerous to peace and good order in Fiji or is likely to lead to the commission of an offence,
(Inserted by 41 of 1960, s. 2 and amended by 14 of 1975, s. 7.)
such magistrate may (in manner provided in this Code) require such person to show cause why he should not be ordered to enter into a recognizance, with or without sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.
Security far good behavior from vagrants and suspected persons
*34. Whenever a resident or second class magistrate is informed on oath that any person is taking precautions to conceal his presence within the local limits of such magistrate's jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, such magistrate may, in manner hereinafter provided; require such person to show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.
* Amended by 37 of 1954.
Security for good behaviour from habitual offenders
*35. Whenever a resident or second class magistrate is informed on oath that any person within the local limits of his jurisdiction—
- is by habit a robber, house-breaker or thief; or
- is by habit a receiver of stolen property, knowing the same to have been stolen; or
- habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
- habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapters XXXIII, XXXV or XXXVIII of the Penal Code; or (Cap. 17)
- habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or
- is so desperate and dangerous as to render his being at large without security hazardous to the community,
such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding two years, as the magistrate thinks fit.
Order to be made
*36. When a magistrate acting under sections 32, 33, 34 or 35 deems it necessary to require any person to show cause thereunder, he shall make an order in writing setting forth—
- the substance of the information received;
- the amount of the recognizance;
- the term for which it is to be in force; and
- the number, character and class of sureties, if any, required.
Procedure in respect of person present in court
37. If the person in respect of whom such order is made is present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.
Summons or warrant in case of person not so present
38. If such person is not present in court, the magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court:
Provided that whenever it appears to such magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the magistrate may at any time issue a warrant for his arrest.
Copy of order under section M to accompany summons or warrant
39. Every summons or warrant issued under section 38, shall be accompanied by a copy of the order made under section 36 and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with or arrested under the same.
* Amended by 37 of 954.
Power to dispense with personal attendance
*40. The magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to enter into a recognizance for keeping the peace, and permit him to appear by barrister and solicitor.
Inquiry as to truth of information
41.—(1) When an order under section 36 has been read or explained under section 37 to a person present in court, or when any person appears or is brought before a magistrate in compliance with or in execution of a summons or warrant issued under section 38, the magistrate shall proceed to inquire into the truth of the information upon which the action has. been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry' shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in trials before magistrates' courts.
(3) For the purposes of this section the fact that a person comes within the provisions of section 35 may be proved by evidence of general repute or otherwise.
(4) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks just.
Order to give security
*42.—(1) If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognizance, with or without sureties, the magistrate shall make an order accordingly:
Provided that—
- no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 36;
(b)the. amount of every recognizance shall be fixed with due regard to the circumstances of the case and shall not be excessive;
when the person in respect of whom the inquiry is made is a minor, the recognizance shall be entered into only by his sureties.
(2) Any person ordered to give security for good behaviour under this section may appeal to the Supreme Court, and the provisions of Part IX (relating to appeals) shall apply to every such appeal.
Discharge of person informed against
*43. If on an inquiry under section 41, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognizance, the magistrate shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
* Amended by 37 of 1954.
Proceedings in all cases subsequent to Order to famish Security.
Commencement of period for winch security if required
44.—(1) If any person in respect of whom an order requiring security is made under section 36 or 42 is, at the time such order is made, sentenced to or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.
Contents of recognizance
*45. The recognizance to be entered into by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the recognizance.
Power to reject sureties
46. A magistrate may refuse to accept any surety offered under any of the preceding sections on the ground that, for reasons to be recorded by the magistrate, such surety is an unfit person.
Procedure on failure of person to give security
47.—(1) If any person ordered to give security as aforesaid does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case mentioned in subsection (2), be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the court or magistrate who made the order requiring it.
(2) When such person has been ordered by a magistrate to give security for a period exceeding one year, such magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Supreme Court, and the proceedings shall be laid as soon as conveniently may be before such court.
(3) The Supreme Court, after examining such proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, may make such order in the case. as it thinks fit.
(4) The period, if any, for which any person is imprisoned for failure to give security shall not exceed two years.
(5) If the security is tendered to the officer in charge of the prison, he shall forthwith refer the matter to the court or magistrate who made the order and shall await the orders of such court or magistrate.
* Amended by 37 of 1954.
Power to release persons imprisoned for failure to give security
48. Whenever a resident or second class magistrate is of opinion that any person imprisoned for failing to give security may be released without hazard to the community, such magistrate shall make an immediate report of the case for the orders of the Supreme Court, and such court may, if it thinks fit, order such person to be discharged.
Power of Supreme Cowl to cancel recognizance
*49. The Supreme Court may at any time, for sufficient reasons to be recorded in writing, cancel any recognizance for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court.
Discharge of sureties
*50.—(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a resident or second class magistrate to cancel any recognizance entered into under any of the preceding sections within the local limits of his jurisdiction.
(2) On such application being made the magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.
(3) When such person appears or is brought before the magistrate, such magistrate shall cancel the recognizance and shall order such person to give, for the unexpired portion of the term of such recognizance) fresh security of the same description as the original security. Every such order shall for the purposes of sections 45, 46, 47 and 48 be deemed to be an order made under section 42.
PREVENTIVE ACTION OF THE POLICE
Police to prevent offences
51. Every police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of any offence.
Information of design to commit such offences
52. It shall be the duty of every police officer below the rank of inspector who receives information of a design to commit any cognizable offence to communicate such information to the police officer to whom he is subordinate, or to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
Arrest to prevent such offences
53. A police officer knowing of a design to commit any cognizable offence may arrest without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot otherwise be prevented.
Prevention of injury to public property
54. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, moveable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
* Amended by 37 of 1954.
Power to arrest and produce before court person attempting to kill himself
55. Any police officer may, when he has reason to believe that any person attempting or is about to attempt to kill himself, arrest such person and produce him before a court which may make an order in respect of such person requiring him to be under the supervision of a probation officer for such period as the court may specify in such order. (Inserted by 13 of 1969, s. 6.)
PART IV—PROVISIONS RELATING TO ALL CRIMINAL
INVESTIGATIONS
PLACE OF INQUIRY OR TRTAL
General authority of courts of Fiji
56. Every court has authority to cause to be brought before it any person who—
- is in Fiji and is charged with an offence committed within, or which may be inquired into or tried within the local limits of its jurisdiction; or
- is within the local limits of its jurisdiction and is charged with an offence committed in Fiji, or which according to law may be dealt with as if it had been committed in Fiji)
and to deal with the accused person according to its jurisdiction.
Accused person to be sent to Division where offence committed
57. Where a person accused of having committed an offence in Fiji he removed from the Division within which the offence was committed and is found within another Division, the court within whose jurisdiction he is found may cause him to be brought before it and shall, unless authorised to proceed in the case, send him in custody to the court within whose jurisdiction the offence is alleged to have been committed, or require him to give security for his surrender to that court there to answer the charge and to be dealt with according to law.
Removal of accused person under warrant
58. Where any person is to be sent in custody in pursuance of section 57, warrant shall be issued by the court within whose jurisdiction he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named and to carry him and deliver him up to the court within whose jurisdiction the offence was committed or may be inquired into or tried. The. person to whom the warrant is directed shall execute it according to its tenor without delay.
Powers of Supreme Court
59. The Supreme Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings:
Provided that no criminal case shall be brought under the cognizance of the Supreme Court unless the same shall have been previously investigated by a magistrates' court and the accused person shall have been committed for trial before the Supreme Court. (Amended by 14 of 1975, s. 7.)
Place and date of sessions of the Supreme Court
60.—(1) For the exercise of its original jurisdiction the Supreme Court shall hold sittings at such places and on such days as the Chief Justice may direct.
(2) The Chief Registrar of the Supreme Court shall ordinarily give notice beforehand of all such sittings.
Ordinary place of inquiry or trial
61. Subject to the provisions of section 59 and to the powers of transfer conferred by section 70 every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging the offence.
Trial at place where act done w where consequence of offence ensues
62. When a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, such offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.
Trial where offence w connected with another offence
63. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done.
Trial where place of offence is uncertain
64. When it is uncertain in which of several local areas an offence was committed; or
- when an offence is committed partly in one local area and partly in another; or
- when an offence is a continuing one, and continues to be committed in more local areas than one; or
- when it consists of several acts done in different local areas,
it may be inquired into or tried by a court having jurisdiction over any of such local areas.
Offence committed on a journey
65. An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tiled by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.
Supreme Court to decide in cases of doubt
66. Whenever any doubt arises as to the court by which any offence should be inquired into or tried, any court entertaining such doubt may, in its discretion, report the circumstances to the Supreme Court, and the Supreme Court shall decide by which court the offence shall be inquired into or tried. Any such decision of the Supreme Court shall be final and conclusive, except that it shall be open to an accused person to show that no court in Fiji has jurisdiction in the case.
Court to be open
67. The place in which any criminal court is held for the purpose of inquiring into or trying any offence shall be deemed an open court to which the public generally may have access, so far as the same can conveniently contain them:
Provided that the presiding judge or magistrate may, if he thinks fit, order at any stage of the inquiry into or trial of any particular case that the public generally or any particular person shall not have access to or be or remain in the. room or building used by the court.
TRANSFER OF CASES
Transfer of case where offence committed outside jurisdiction
68.—(1) If upon the hearing of any complaint it appears that the cause of complaint arose outside the limits of the jurisdiction of the court before which such complaint has been brought, the court may, on being satisfied that it has no jurisdiction, direct the case to be transferred to the court having jurisdiction where the cause of complaint arose.
(2) If the accused person is in custody and the court directing such transfer thinks it expedient that such custody should be continued, or, if he is not in custody, that he should be placed in such custody, the court shall direct the offender to be taken by a police officer before the court having jurisdiction where the cause of complaint arose, and shall give a warrant for that purpose to such officer, and shall deliver to him the complaint and recognizances, if any, taken by such court, to be delivered to the court before whom the accused person is to be taken; and such complaint and recognizances, if any, shall be treated to all intents and purposes as if they had been taken by such last-mentioned court.
(3) If the accused person is not continued or placed in custody as aforesaid, the court shall inform him that it has directed the transfer of the case as aforesaid, and thereupon the provisions of subsection (2) respecting the transmission and validity of the documents in the case shall apply.
Transfer after commencement of inquiry or trial
69. If in the course of any inquiry or trial before a magistrate the evidence appears to warrant a presumption that the case is one which should be tried or committed for trial by some other magistrate, he shall stay proceedings and submit the case with a brief report thereon to the Chief Magistrate.
(Amended by 18 of 1976, s. 2.)
Power to change venue
70.—(1) Whenever it is made to appear to the Chief Magistrate—
- that a fair and impartial inquiry or trial cannot be had in any magistrates' court; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same; or
that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice or is required by any provision of this Code;
- he may order—
that any offence be inquired into or tried by any court not empowered under the preceding sections of this Part but in other respects competent to inquire into or try such offence;
that any particular criminal case or class of cases be transferred from a magistrates' court to any other magistrates' court of equal or superior jurisdiction;
that an accused person be committed for trial to his court.
(2) The Chief Magistrate may act on the report of the lower court or on the application of a party interested or on its own initiative.
(3) Every application by an interested party for the exercise of the power conferred by this section shall be made by motion, which shall be supported by affidavit.
(4) Every accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.
(5) When an accused person makes any such application the Chief Magistrate may direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor.
(Section amended by 18 of 1976, s. 3.)
CONTROL OF CROWN IN CRIMINAL PROCEEDINGS
Power of Director of Public Prosecutions to enter nolle prosequi
71.—(1) In any criminal case and at any stage thereof before verdict or judgment, as the case may be, the Director of Public Prosecutions may enter a nolle prosequi, either by staling in court or by informing the court in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) If the accused shall not be before the court when such nolle prosequi is entered, the Chief Registrar or the Clerk of such court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison in which such accused maybe detained, and also, if the accused person has been committed for trial) to the magistrate by whom he was so committed, and such magistrate shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and give evidence and to their sureties (if any) and also the accused and his sureties in case he shall have been admitted to bail.
Crown Counsel
72. The Director of Public Prosecutions may by notice in writing authorize any legal officer to be a Crown Counsel and may authorize any such officer to exercise all or any of the functions vested in the Director of Public Prosecutions by sections 70 and 71 and Part VII.
(Substituted by Act 12 of 1971, s. 2.)
APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF PROSECUTIONS
Power to appoint public prosecutors
73. The Director of Public Prosecutions may appoint any barrister and solicitor to be a public prosecutor for the purposes of any case.
(Amended by Order" 7 October 1970.)
Powers of public prosecutors
74. A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal; and if any private person instructs a barrister and solicitor to prosecute in any such case the; public prosecutor may conduct the prosecution, and the barrister and solicitor so instructed shall act therein under his directions.
Police may conduct prosecutions before magisirates' courts
75. In any trial' or inquiry before a magistrates' court, if the proceedings have been instituted by a police officer, any police officer may appear and conduct the prosecution notwithstanding the fact that he is not the officer who made the complaint or charge.
Prosecutors to be subject to directions of Director of Public Prosecutions
76. Every police officer conducting a prosecution under the provisions of section 75, and every public prosecutor) shall be subject to the express directions of the Director of Public Prosecutions.
(Amended by Order* 7 October 1970.)
Conduct of prosecution
77. Any person conducting the prosecution may do so personally or by a
barrister and solicitor.
INSTITUTION OF PROCEEDINGS
Proceedings by way of Summons or Warrant
(Substituted by Act 3 of 1983, S.I.)
Complaint and charge
78.—(1) Proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without warrant.
(2) Any person who believes from a reasonable and probable cause that an offence has been committed by any person may make a complaint thereof to a magistrate having jurisdiction to cause such person to be brought before him.
* See Legal Notice No. 112 of 1970.
(3) A complaint may be made orally or in writing, but, if made orally, shall be reduced to writing by the magistrate, and, in either case, shall be signed by the complainant and the magistrate:
Provided that where proceedings are instituted by a police or other public officer acting in the course of his duty, a formal charge duly signed by such officer may be presented to the magistrate and shall, for the purposes of this Code, be deemed to be a complaint. (Amended by Ordinance 26 of 145, s. 1.)
(4) The magistrate, upon receiving any such complaint, shall, unless such complaint has been laid in the form of a formal charge under subsection (3), draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged.
(Amended by Ordinance 26 of 1945, s. 2.)
(5) When an accused person who has been arrested without a warrant is brought before a magistrate, a formal charge, containing a statement of the offence with which the accused is charged, shall be signed and presented by the police officer preferring the charge.
Issue of summons or warrant
79.—(1) Upon receiving a complaint and having signed the charge in accordance with the provisions of section 78 the magistrate may in his discretion issue either a summons or a warrant to compel the attendance of the accused person before a magistrates' court having jurisdiction to inquire into or try the offence alleged to have been committed:
Provided that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.
(2) The validity of any proceedings taken in pursuance of a complaint or charge shall not be affected either by any defect in the complaint or charge or by the fact that a summons or warrant was issued without complaint or charge.
(3) Any summons or warrant may be issued on a Sunday.
Proceedings by way of Notice to Attend Court
(Inserted by Act 3 of 1983, s. 2.)
Notice to attend court
80.—(1) Notwithstanding the other requirements of this Code, it shall be lawful for any police officer to institute proceedings by and to serve personally upon any person who is reasonably suspected of having committed any offence to which this section applies a notice in the prescribed form requiring such person to attend court in answer to the charge stated thereon at such place and on such date and time (not being less than 10 days from the date of such service) as shown on such notice or to appear by barrister and solicitor or to enter a written plea of guilty:
Provided that such notice shall be served not later than 14 days from the date
upon which the offence is alleged to have been committed.
(Amended by Ordinance 13 of 1969, s. 8.)
(2) A notice served in accordance with the provisions of subsection (1), shall for all purposes be regarded as a summons issued under the provisions of this Code and, in the event of a person upon whom such a notice has been served failing to comply with the requirements of the notice, a warrant for the arrest of such person may be issued notwithstanding that no complaint has been made on oath.
(Substituted by Ordinance 13 of 1969, s. 8.)
(3) A copy of such notice shall be signed by the police officer preferring the charge and shall be placed before the court by which the charge is to be heard at least seven days before the time fixed for such hearing.
(Amended by Act 18 of 1976 s. 4.)
(4) This section shall apply to all offences punishable by fine or by imprisonment with or without a fine, for a term not exceeding 3 months or by disqualification from holding or obtaining a driving licence of by endorsement on a driving licence of particulars of a conviction or disqualification. (Substituted by
Ordinance 13 of 1969, s. 8 and amended by Act 3 of 1983, s. 3.)
(5) Nothing in this section shall be deemed to prevent the institution of proceedings under the other provisions of this Code. (Inserted by Ordinance. 4 of 1955, s. 3.)
Proceedings by way of Fixed Penalty Notice
Interpretation, etc.
80A.—(1) In this section and in sections 80B, 80c and 80u—
- "fixed penalty", in relation to a prescribed offence, means the penalty specified in Column 3 of the Third Schedule in relation to that offence;
- "fixed penalty notice" means a notice, in the prescribed form, that complies with subsection (2) of section 80B;
- "police officer" includes a person who is, for the time being, a member of the Special Constabulary;
- "prescribed offence" means an offence, being an offence to which section 80 applies, that is specified in Column 2 of the Third Schedule.
(2) For the purposes of sections 80B and 80c, a motor vehicle shall be taken to have been a Government vehicle at the time of the alleged commission of an offence if, at the time, the registration plate or registration plates (if any) borne by the vehicle were of the kind required by regulations under the Traffic Act to be affixed to Government vehicles. (Inserted by Act 3 of 1983, s.4.)
Issue of fixed penalty notice
80B.—(1) Notwithstanding the other requirements of this Code, but subject to the succeeding provisions of this section, it shall be lawful for a police officer to institute proceedings in respect of the alleged commission of a prescribed offence—
- by serving personally upon the person alleged by him to have committed the offence a fixed penalty notice; or
- where the presence, at any time or for any period of time, of a motor vehicle in a place is evidence of the commission of the offence, by affixing a fixed penalty notice to the vehicle in a conspicuous position.
(2) A fixed penalty notice shall comply with the following requirements:—
(a) the notice shall require the person to whom it is addressed to attend court in answer to the charge stated in the notice at such place, and on such date and at such time (not being less than 28 days from the
- of the notice), as are specified in the notice unless—
(i) not later than 21 days after the date of the notice, payment is made, as specified in the notice, of the fixed penalty applicable in relation to the offence charged; or
(ii) failing that payment, that person appears by barrister and solicitor or enters a written plea of guilty;
(b) if the notice is affixed to a motor vehicle in pursuance of paragraph (b)
of subsection (1), it shall be addressed—
(i) where the vehicle is a Government vehicle—to the driver of the
vehicle; and
(ii) in any other case—to the owner of the vehicle, that driver or owner being identified in the notice by reference to the registered number of the vehicle;
(c) the notice shall bear the date on which it was served on the person charged, or affixed to the motor vehicle to which the charge relates, as the case requires.
(3) A fixed penalty notice shall not be served upon a person, or affixed to I motor vehicle, more than 14 days after the day on which the offence is alleged to have been committed.
(4) The police officer by whom a fixed penalty notice is issued shall cause a signed copy of that notice to be placed before the court specified in the notice not later than 7 days after the date of the notice.
(5) Nothing in this section shall be taken to prevent the institution of proceedings under any other provision of this Code.
(Inserted by Act 3 of 1983, s. 4.)
Procedure consequent upon issue of fixed penalty notice
80c.—(1) Where proceedings are instituted by means of the service upon a person, or the affixing to a motor vehicle, of a fixed penalty notice (in this section referred to as "the notice"), the following provisions of this section apply in relation to the charge set out in the notice (in this section referred to as "the charge").
(2) Where payment of the fixed penalty that is applicable in relation to the charge (in this section referred to as "the fixed penalty") is made in accordance with the instructions set out in the notice not later than 14 days after the date of the notice—
- the proceedings instituted by the notice shall be deemed to have been dismissed; and
- it shall not be lawful for any person to be convicted of the offence as charged m the notice.
(3) Subject to subsection (4), where payment of the fixed penalty is not made as mentioned in subsection (2), the notice shall be regarded for all purposes as a summons issued under the provisions of this Code.
(4) A Court shall not proceed with the hearing of proceedings instituted by the affixing of a fixed penalty notice to a motor vehicle unless, before the date of the hearing, a signed copy of the notice has been served upon the owner of that motor vehicle.
(5) Where the notice is a notice to which paragraph (b) of subsection (1), and paragraph (b) of subsection (2), of section 80B apply—
- it shall be presumed, for the purposes of the proceedings instituted by the notice, that the acts or omissions giving rise to the alleged commission of the offence charged were the acts or omissions of the person (in this subsection referred to as "the responsible person") who, at the time of the alleged commission of that offence, was—
- where the notice is addressed, in accordance with subparagraph (i) of paragraph (b) of subsection (2) of section 80B, to the driver of the vehicle, the person having immediate lawful charge of the vehicle; or
- where the notice is addressed, in accordance with subparagraph (ii) of that paragraph, to the owner of the vehicle, the person (whether a natural person or not) registered, for the purposes of the Traffic Act, as the owner of the vehicle; and (Cap. 176.)
- the presumption established by paragraph (a) shall not be taken to be rebutted by proof that, at the time of alleged commission of the offence, the vehicle was in the charge of a person other than the responsible person unless it is also proved that the other person had charge of the vehicle at the time without the consent, express or implied, of the responsible person.
(6) Except as expressly provided by an Act passed after the date of coming into operation of this section, subsection (5) has effect notwithstanding any provision to the contrary contained in any written law, whether made before or after that date.
(7) In any proceedings, a certificate signed by the Clerk of the Court specified in the notice that payment of the fixed penalty was, or was not, made as mentioned in subsection (2) shall, unless the contrary is proved, be conclusive evidence of the matters stated in that certificate.
(Inserted by Act 3 of 1983 s. 4.)
Unauthorised removal of, or interference with, notice
80D.—(1) Subject to subsection (2), a person who removes, or interferes with, a fixed penalty notice affixed to a motor vehicle in accordance with paragraph (b) of subsection (1) of section 80B is liable to a fine of $100 and imprisonment for 3 months.
(2) It is a defence to a prosecution of a person for an offence against subsection (1) that that person was, or was acting on behalf of, either—
- the person to whom the notice was addressed; or
- the person having immediate lawful charge of the motor vehicle,
(Inserted by Act 3 of 1983, s.4.)
PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
Summons
Form and contents of summons
81.—(1) Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the Chief Justice may from time to time by rule direct.
(2) Every summons shall be directed to the person summoned and shall require him to appear at a time and place to be therein appointed before a court having jurisdiction to inquire into and deal with the complaint or charge. It shall state shortly the offence with which the person against whom it is issued is charged.
Service of summons
82. Every summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.
Service when person summoned cannot be found
83. Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family or with his servant residing with him or with his employer.
Procedure when service cannot be effected as before provided
84. If service in the manner provided by sections 82 and 83 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served.
Service on a company
85.—(1) Subject to the provisions of any other written law, service of a summons on an incorporated company or other body corporate may be effected either by serving it personally on any officer of the corporation or by sending it by registered letter addressed to the registered or other principal office of the corporation in Fiji.
(2) Subject to the provisions of any other written law, service of a summons on a foreign company which has established a place of business within Fiji under Part XII of the Companies Act may be effected by serving it personally on, or by sending it by registered letter addressed to, any person authorised by the company for that purpose under the provisions of paragraph (d) of section 325 of the Companies Act.
(Cap.247)
(3) When service is effected under the provisions of either of subsections (1) or (2) by the sending of a registered letter, service shall be deemed to have been effected when the letter would arrive in the ordinary course of post.
(Substituted by II of 1974s. 5)
Where summons may be served
86. A summons may be served at any place within Fiji.
Proof of service when serving officer not present
87.—(1) Where the officer who has served a summons is not present at the hearing of the case, and in any case where a summons issued by a court has been served outside the local limits of its jurisdiction, an affidavit purporting to be made before a magistrate or justice of the peace that such summons has been served shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court.
Power to dispense with personal attendance of accused
88.—(1) Whenever a magistrate issues a summons in respect of any offence other than a felony, he may if he sees reason to do so, and shall when the offence with which the accused is charged is punishable only by fine or only by fine and/or imprisonment not exceeding three months or by disqualification from holding or obtaining a driving licence, dispense with the personal attendance of the accused, provided that he pleads guilty in writing or appears by a barrister and solicitor.
(Amended by Ordinance 13 of 1969, s. 9 and Act 3 of 1983, s. 5.)
(2) But the magistrate inquiring into or trying any case may in his discretion, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinafter provided. But no such warrant shall be issued unless a complaint or charge has been made upon oath.
(3) Where a magistrate convicts an accused person and it is proved to the satisfaction of the court that not less than seven days previously to such conviction a notice was served on such person in the prescribed form and manner specifying any alleged previous conviction of such accused of an offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged, and the accused is not present in person before the court, the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it. (Inserted by Ordinance 13 of 1969, s. 9.)
(4) If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and such fine is not paid within the time prescribed for such payment, the magistrate may forthwith issue a summons calling upon such accused person to show cause why he should not be committed to prison for such term as the magistrate may then prescribe. If such accused person does not attend upon the return of such summons the magistrate may forthwith issue a warrant and commit such person to prison for such term as the magistrate may then fix:
Provided that if the summons referred to in subsection (1) clearly specifies the period within which any fine which may be imposed by the court must be paid (which period shall in no case expire on a date less than seven days later than the return date on the summons), and clearly warns the accused person that he will not receive notification from the court as to any fine which may be imposed but that it is his duty to make inquiry from the court, and that upon failure to pay the fine within the time allowed or to apply to the court for an extension thereof he will be liable without further warning to be committed to prison, then, upon expiration of the period allowed, if the accused person shall not have paid the fine and shall not have applied to the court for an extension of time for payment, the magistrate may forthwith issue a warrant and commit him to prison for such term as the magistrate may order without issuing a summons calling upon him to show cause why he should not be so committed, (Inserted by Ordinance 26 of 1957) s. 4.)
(5) Where the magistrate is of the opinion that it would be just to order disqualification under the provisions of section 29 of the Traffic Act against an accused person whose personal appearance has been dispensed with under the provisions of this section, he shall order a summons to be served upon the accused calling upon him to show cause why such disqualification should not be imposed and, if the accused person does not attend upon the return of such summons or fails to show good cause why the disqualification should not be imposed, the magistrate may order disqualification. (Substituted by Ordinance 13 of 1969, s 9 and amended by Act 3 of 1983, s. 5.)
(Cap 176)
(6) Whenever the attendance of an accused person has been so dispensed with and his attendance is subsequently required, the cost of any adjournment for such purpose shall be borne in any event by the accused.
Warrant of Arrest
Warrant after issue of summons
89. Notwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. But no such warrant shall be issued before the time appointed in the summons for the appearance of the accused unless a complaint has been made upon oath.
Summons disobeyed
90. If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has riot been dispensed with under section 88, the court may issue a warrant to apprehend him and cause him to be brought before such court.
Form, contents and duration of warrant of arrest
91.—(1) Every warrant of arrest shall be under the band of the judge or magistrate issuing the same.
(2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person, and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the court issuing the warrant or before some other court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with according to law.
(3) Every such warrant shall remain in force until it is executed or until it is cancelled by the court which issued it.
Court may direct security to be taken
92.—(1) Any court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state—
- the number of sureties;
- the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and
- the time at which he is to attend before the court.
(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.
Warrants w whom directed
93.—(1) A warrant of arrest shall normally be directed generally to all police officers. But any court issuing such a warrant may, if its immediate execution is necessary, and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) When the warrant is directed to more officers or persons than one, it may be executed by all or by any one or more of them.
Notification of substance of warrant
94. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested.
Person arrested to be brought before, the court without delay
95. A person arrested under a warrantor arrest shall (subject to the provisions of section 92 as to security) without unnecessary delay be taken before the court before which he is required by law to be brought.
Where warrant of arrest may be executed
96, A warrant of arrest may be executed at any place in Fiji.
Procedure on arrest of person outside Jurisdiction
97.—(1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court by which it was issued, the person arrested shall, unless the court which issued the warrant is nearer than the magistrate within the local limits of whose jurisidiction the arrest was made, or unless security is taken under section 92, be taken before a magistrate within the local limits of whose jurisdiction the arrest was made.
(2) Such magistrate shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his removal in custody to such court:
Provided that if such person has been arrested for an offence other than. murder or treason, and he is ready and willing to give bail to the satisfaction of such magistrate, or if a direction has been endorsed under section 92 on the wan-ant and such person is ready and willing to give the security required by such direction, the magistrate may take such bail or security, as the case may be and shall forward the bond to the court which issued the warrant.
(3) Nothing in this section shall be deemed to prevent a police officer from taking security under section 92.
Irregularities in warrant
98. Any irregularity or defect in the substance or form of a warrant and any variance between it and the written complaint or information or between either and the evidence produced on the part of the prosecution at any inquiry or trial, shall not affect the validity of any proceedings at or subsequent to the hearing of the case but if any such variance appears to the court to be such that the accused has been thereby deceived or misled, such court may, at the request of the accused adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him to bail.
Miscellaneous Provisions regarding Processes
Power to lake bond fm appearance
99. Where any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court.
Arrest for breach of bond for appearance
100. When any person who is bound by any bond taken under this Code to appear before a court or who has made a deposit of money or Government currency notes in lieu of executing such bond, does not so appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him. (Amended by 15 of 1948, s. 2.)
Power of court to order prisoner to be brought before it
101.—(1) Where any person for whose appearance or arrest a court is empowered to issue a summons or warrant is confined in any prison the court may issue an order to the officer in charge of such prison, requiring him to bring such prisoner in proper custody, at a time to be named in the order, before such court.
(2) The officer so in charge, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during his absence from the prison for the purpose aforesaid.
Provisions of this Part generally applicable to summonses and warrants. Powers of justices of the peace
102. The provisions contained in this Part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to .every summons and every warrant of arrest issued under this Code or by a justice of the peace, and, save in so far as the same may be inconsistent with any other law, the powers of a magistrate or court in relation to the issuing of a summons or warrant may be exercised by a justice of the peace.
SEARCH WARRANTS
Power to issue .search warrant
103. Where it is proved on oath to a magistrate or a justice of the peace that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence is in any building, ship, vehicle, box, receptacle or place, the magistrate or justice of the peace may by warrant (called a search warrant) authorise a police officer or other person therein named to search the building, ship, carriage, box, receptacle or place (which shall be named or described in the warrant) of any such thing and, if anything searched for be found, or any other thing which there is reasonable cause to suspect to have been stolen or unlawfully obtained be found, to seize it and carry it before the court issuing the warrant or some other court to be dealt with according to law.
Execution of search warrants
104. Every search warrant may be issued on any day (including Sunday) and may be executed on any day (including Sunday) between the hours of sunrise and sunset, but the magistrate or justice of the peace may, by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.
Persons in charge of closed place to allow ingress thereto and egress therefrom
105.—(1) Whenever any building or other place liable to search is closed, any person residing in or being in charge of such building or place shall, on demand of the po |
