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Fiji Sessional Legislation |
REPUBLIC OF FIJI
BAIL DECREE 2000
(DECREE NO. 24)
____
ARRANGEMENT OF SECTIONS
Part I -PRELIMINARY
1. Short title and commencement
2. Interpretation
Part II-GENERAL PROVISIONS IN RESPECT OF BAIL
3. Entitlement to bail
4. Rights following the granting of bail
5. Right to release for certain offences
6. Dispensing with bail
7. Effect of dispensing with bail
Part III-ADMINISTRATION OF BAIL
8. Authority for police to grant bail
9. Bail determination to be made after charge is laid
10. Procedure to be followed by police officers when determining bail
11. Procedure to be followed by police officers if bail is not granted
12. Power of magistrates and judges to grant bail
13. Bail determinations by courts
14. General provisions as to court bail
15. Procedure on surrender into custody
16. Evidence of residence
Part IV-BAIL DETERMINATION
17. General provisions for bail determination
18: Refusal of bail
19. Reasons for refusing bail
20. Reasons to be recorded
Part V-BAIL CONDITIONS
21. Bail undertakings
22. Conditions of bail
23. Restrictions on imposing bail conditions
24. Provisions respecting money or security
Part VI-OFFENCES AND PENALTIES
25. Accused person absconding or breaching conditions of bail
26. Penalty for absconding
27. Forfeiture of security
28. Discharge of surety
Part VII-CONTINUATION OR GRANT OF BAIL ON AN ADJOURNMENT ETC.
29. Continuation of bail
Part VIII-REVIEW OF AND APPEALS ON BAIL DECISIONS
30. Power of review
31. Appeals on bail decisions
Part IX-MISCELLANEOUS
32. Repeal and savings
33. Consequential amendments
34. Regulations
35. Amendment of Schedules
Schedule - Bail Forms.
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BAIL DECREE 2000
(INTERIM CIVILIAN GOVERNMENT DECREE NO. 24)
IN exercise of the powers conferred upon the Interim Civilian Government by section 4 of the Interim Civilian Government. (Transfer of Executive Authority) Decree No. 19 of 2000, I, Josefa Iloilovatu Uluivuda, President of the Republic of Fiji, acting on the advice of the Cabinet, hereby make this Decree to make provision for the granting of Bail.
Part I-PRELIMINARY
Short title and commencement
1. This Decree may be cited as the Bail Decree 2000 and comes into force on a date appointed by the Minister by notice in the Gazette.
Interpretation
2.-(1) In this Decree, unless the context otherwise requires-
"accused person" or "person accused of an offence" means a person who has been arrested for, or charged with, an offence and-
(a) who is awaiting summary trial;
(b) who has been committed for trial on indictment;
(c) whose trial has been adjourned;
(d) who has been convicted and-
(i) who has been committed for sentence;
(ii) whose case has been adjourned for sentence;
(iii) who is appealing against conviction or sentence; or
(iv) whose conviction is stayed;
(e) who is under arrest for a breach of bail; or
(f) who has applied for a writ of habeas corpus;
"appeal" includes an application for leave to appeal and a proceeding by way of appeal;
"bail" for a person accused of an offence means authorisation for the person to be at liberty instead of in custody, on condition that the person appears for trial, for sentence, for hearing of an application or appeal relating to the offence, or for an adjournment of any of those matters;
"bail condition" means a condition imposed under section 22;
"bail determination" means a decision whether to grant bail made in accordance with Part IV;
"bail officer" means the officer of the court at which an accused person is to appear, and who is appointed under section 15 to receive surrender into custody;
"bail undertaking" means an undertaking given under section 21;
"close relative" of a person means a parent, spouse, de-facto partner, sibling, child or grand parent of the person, or any member of the person's family, clan or kin identified by the police officer or the court as a close relative;
"continued", in relation to bail, means continued under section 29;
"conviction" includes-
(a) a finding of guilt;
(b) a finding that a person is not guilty by reason of insanity;
(c) a conviction of an offence for which an order is made placing the offender on probation or discharging him or her absolutely or conditionally following a finding that the facts of the charge were proved;
"Clerk of a court" means the Registrar of the High Court, the clerk of a magistrate's court, or any other registrar or clerk so designated;
"court" includes a judge or a magistrate when not sitting as a court;
"grant of bail" includes continuation of bail under section 29;
"offence" means a cognisable offence and includes an alleged offence;
"police officer" means a police officer of the rank of sergeant or above, or, where bail is considered at a police station, the police officer in charge of the police station;
"police station" includes a police post;
"Prison" includes, in the case of a person under the age of 18 years, a detention centre;
"regulations" means regulations made under section 34;
"review" means a review of a bail decision under section 30;
"serious offence" means any offence for which the maximum penalty includes imprisonment for 5 years or more;
"specially affected person" means-
(a) a person against whom an alleged offence has been committed;
(b) a close relative of any such person; or
(c) any other person who in the opinion of the police officer or the court warrants special consideration because of the circumstances of the case;
"surety" means a person, other than the accused person, that a police officer or a court, as the case may be, considers acceptable to provide confirmation of the accused person's bail undertaking, or security that such undertaking will be complied with;
"surrender into custody", in relation to a person released on bail, means the person surrendering into the custody of the court or of a police officer, as the case may be, at the time and place appointed for doing so.
(2) In this Decree, a reference to "the police officer" or "the court" means the police officer who or the court which has granted bail or is considering granting bail to a person under this Decree.
(3)In this Decree, a reference to a form is to the forms as set out in the Schedule.
Part II-GENERAL PROVISIONS IN RESPECT OF BAIL
Entitlement to bail
3.-(1) Every accused person has a right to be released on bail, unless it is not in the interests of justice that bail should be granted.
(2) Bail may be granted by a court or, subject to section 8(2), by a police officer.
(3) There is a presumption in favour of the granting of bail to a person but a person who opposes the granting of bail may seek to rebut the presumption.
(4) The presumption in favour of the granting of bail is displaced where-
(a) the person seeking bail has previously breached a bail undertaking or bail condition; or
(b) the person has been convicted and is appealing against the conviction.
(5) Bail must be granted to an accused person under the age of 18 years, unless-
(a) the person has a previous criminal conviction;
(b) the person has previously breached a bail undertaking or bail condition; or
(c) the offence in question is a serious one.
Rights following the granting of bail
4.-(1) An accused person who is in custody for an offence and who has been granted bail is entitled to be released, upon giving a bail undertaking, and, subject to section 25, to remain at liberty until required to appear before a court in accordance with the bail undertaking.
(2) This section does not apply to a person who is in custody for some other offence or reason in respect of which the person is not entitled to be at liberty, whether under this Decree or otherwise.
Right to release for certain offences
5.-(1) This section applies to-
(a) any offence not punishable by a sentence of imprisonment;
(b) any offence under the Minor Offences Act (Cap. 18); and
(c) any offence punishable summarily that is of a class or description prescribed by the regulations for the purposes of this section.
(2) A person accused of an offence to which this section applies-
(a) is entitled to be granted bail unless-
(i) the person has previously breached a bail undertaking or bail condition;
(ii) in the opinion of the police officer or the court, as the case maybe, the person is incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection;
(iii) the person stands convicted of the offence or the person's conviction for the offence is stayed; or
(iv) the requirement for bail is dispensed with, as provided in section 6;
(b) is entitled to be granted bail either-
(i) unconditionally; or
(ii) subject to any bail conditions the police officer or the court, as the case may be, considers reasonable and appropriate.
(3) A person is not entitled to be granted bail if the person is in custody serving a sentence of imprisonment in connection with some other offence.
Dispensing with bail
6.-(1) A court that has power to grant bail to an accused person may dispense with the requirements for bail.
(2) If no specific order or direction is made by a court in respect of bail during the appearance by an accused person before it, the court is deemed to have dispensed with any requirement for bail.
(3) Subsection (2) does not apply if bail is continued in accordance with section 29.
Effect of dispensing with bail
7.-(1) A person accused of an offence in respect of which bail is dispensed with under section 6 is entitled to be and, subject to section 25, to remain at liberty in respect of the offence until required to appear before a court in respect of the offence.
(2) This section does not apply to a person who is in custody for some other offence or reason in respect of which the person is not entitled to be at liberty, whether under this Decree or otherwise.
Part III-ADMINISTRATION OF BAIL
Authority for police to grant bail
8.-(l) Subject to subsection (2), if a person is arrested for a cognizable offence and taken to a police station, the arresting officer, or the officer in charge of the police station, may grant bail to the accused person.
(2) A police officer must not grant bail to a person accused of an offence if-
(a) a determination concerning bail on the same offence has been made by a court;
(b) the requirement for bail on the same offence has been dispensed with by a court; or
(c) the offence is a serious one.
Bail determination to be made after charge is laid
9. If a person has been charged by a police officer with an offence and is in custody, the police officer or the officer in charge of the police station must-
(a) give the person information in writing in a language the person understands respecting the person's entitlement to bail;
(b) if authorised to grant bail under section 8 - not later than 24 hours after the person has been charged, grant bail to the person or bring the person or cause the person to be brought before a court;
(c) if not authorised to grant bail under section 8 - bring the person before a court as soon as practicable and in any event within 24 hours.
Procedure to be followed by police officers when determining bail
10. A police officer who makes a determination as to bail must forthwith-
(a) inform the accused person, or cause the person to be informed, in a language the person understands, that the person may communicate with a lawyer or other person of his or her choice in connection with the bail; and
(b) if the person so requests, and subject to the regulations, provide the accused person, or cause the person to be provided, with reasonable facilities to enable the person to make such a communication.
Procedure to be followed by police officers if bail is not granted.
11.-(1) If an accused person who is in custody is refused bail by a police officer-
(a) the police officer in charge of the police station at which the person is in custody; or
(b) if the person is not in custody at a police station, the police officer who has custody of the person, must as soon as practicable, and in any event within 24 hours, bring the person before a court for a decision on bail by the court.
(2) If an accused person is detained by a police officer following a refusal to grant bail, the police officer must promptly take all reasonable steps to inform a close relative of the person about the detention and the reason for it.
Power of magistrates and judges to grant bail
12. A magistrate or a judge when not sitting as a court may at any time-
(a) grant bail to a person brought or appearing before the magistrate or judge and accused of an offence;
(b) grant bail to a person who is an appellant under Part X of the Criminal Procedure Code.
Bail determinations by courts
13.-(1) A court may determine an application for bail by any accused person, as defined in section 2(1).
(2) If an accused person is refused bail in respect of an offence-
(a) the hearing of the case must not be adjourned for more than 14 days except with the person's consent;
(b) any further adjournment must be for a period not exceeding 48 hours and must be to a court available to deal with the case.
(3) Subsection (2) does not apply to an accused person who is in custody in connection with another offence, or if the court is satisfied that there are reasonable grounds for a longer period of adjournment and that bail should continue to be refused.
General provisions as to court bail
14.-(1) Subject to subsection (3) an accused person may make any number of applications to a court for bail.
(2) An application to a court for bail must be dealt with as soon as reasonably practicable after it is made.
(3) A court may refuse to entertain an application for bail if it is satisfied that the application is frivolous or vexatious.
(4) An accused person is entitled to have legal aid for an application for bail, or for review of bail, subject to the provisions of the Legal Aid Act 1996.
(5) The regulations may make provision with respect to the manner of making application to a court in relation to bail.
Procedure on surrender into custody
15.-(1) A bail officer must be appointed by each court.
(2) A court must grant bail for a determinate period ending no later than 60 days after the day on which bail was granted, or on the date of hearing, whichever comes first.
(3) If a hearing date has not been fixed within 60 days of the date of the original granting of bail, the bail officer must have the accused person brought before the court for a continuation of bail, or its reconsideration.
(4) An accused person to whom bail has been granted must surrender into the custody of the bail officer at the time, date and place designated by the court.
(5) The bail officer must receive the accused person into custody and ensure that the person remains in custody until the hearing is determined or bail is continued.
(6) The court when granting bail must advise the accused person, in a language that the person understands, of the person's obligation to surrender to the custody of the court, and explain the procedures for complying with the obligation.
Evidence of residence
16.-(1) A person who is granted bail by a police officer or a court must at the time of the granting of bail provide to the police, or to the court, as the case may be, details of the person's residential address.
(2) A person who is granted bail and who is found to have given a false residential address is liable to be arrested on a warrant by the court and section 25 then applies.
(3) Subject to subsection (4) a person who is granted bail must reside at the address provided under subsection (1) until the hearing of the case.
(4) If the accused person wishes to reside elsewhere than at the address provided under subsection (1), the person must notify the police officer or the bail officer, as the case may be, and that officer must either make a decision or obtain the decision of the court, as the case may be, on whether the bail undertaking should be varied accordingly.
Part IV-BAIL DETERMINATION
General provisions for bail determination
17.-(1) When deciding whether to grant bail to an accused person, a police officer or court, as the case maybe, must take into account the time the person may have to spend in custody before trial if bail is not granted.
(2) The primary consideration in deciding whether to grant bail is the likelihood of the accused person appearing in court to answer the charges laid against him or her.
(3) When a court is considering the granting of bail to a person who has appealed against conviction or sentence the court must take into account-
(a) the likelihood of success in the appeal;
(b) the likely time before the appeal hearing;
(c) the proportion of the original sentence which will have been served by the applicant when the appeal is heard.
Refusal of bail
18.-(1) A person making submissions to a court against the presumption in favour of bail must deal with-
(a) the likelihood of the accused person surrendering to custody and appearing in court;
(b) the interests of the accused person;
(c) the public interest and the protection of the community.
(2) If a court decides to refuse bail, it must give a written ruling on each of the criteria in subsection (1), dealing with the submission made on each one.
(3) If a police officer refuses to grant bail to an accused person, section 11(1) applies.
(4) If a court refuses bail the court must remand the accused person in custody to re-appear before that or another court for trial or review of bail within 14 days from the date of refusal or review.
Reasons for refusing bail
19.-(1) An accused person must be granted bail unless in the opinion of the police officer or the court, as the case may be,
(a) the accused person is unlikely to surrender to custody and appear in court to answer the charges laid;
(b) the interests of the accused person will not be served through the granting of bail; or
(c) granting bail to the accused person would endanger the public interest or make the protection of the community more difficult.
(2) In forming the opinion required by subsection (1) a police officer or court must have regard to all the relevant circumstances and in particular-
(a) as regards the likelihood of surrender to custody-
(i) the accused person's background and community ties (including residence, employment, family situation, previous criminal history);
(ii) any previous failure by the person to surrender to custody or to observe bail conditions;
(iii) the circumstances, nature and seriousness of the offence;
(iv) the strength of the prosecution case;
(v) the severity of the likely penalty if the person is found guilty;
(vi) any specific indications (such as that the person voluntarily surrendered to the police at the time of arrest, or, as a contrary indication, was arrested trying to flee the country);
(b) as regards the interests of the accused person-
(i) the length of time the person is likely to have to remain in custody before the case is heard;
(ii) the conditions of that custody;
(iii) the need for the person to obtain legal advice and to prepare a defence;
(iv) the need for the person to be at liberty for other lawful purposes (such as employment, education, care of dependants);
(v) whether the person is under the age of 18 years (in which case section 3(5) applies);
(vi) whether the person is incapacitated by injury or intoxication or otherwise in danger or in need of physical protection;
(c) as regards the public interest and the protection of the community-
(i) any previous failure by the accused person to surrender to custody or to observe bail conditions;
(ii) the likelihood of the person interfering with evidence, witnesses or assessors or any specially affected person;
(iii) the likelihood of the accused person committing an arrestable offence while on bail.
Reasons to be recorded
20.-(1) If bail is refused the police officer or the court, as the case maybe, must record in writing the reasons for refusing bail.
(2) The written reasons must be conveyed to the accuse person, in a language the person understands, as soon as practicable after the decision has been made, and in any event no longer than 24 hours after it was made.
(3) If bail is refused the accused person must immediately be informed of the procedure for review of bail as provided in section 30.
Part V-BAIL CONDITIONS
Bail undertakings
21.-(1) A person must not be released on bail unless the person gives a written undertaking-
(a) to a police officer-to surrender into the custody of the bail officer of a court specified in the undertaking and on a day and at a place so specified;
(b) to a court-to appear before the court on a day and at a place specified in the bail undertaking;
(c) if bail is continued by a court-to appear at the time and place at which the proceedings in respect of the offence will be continued, as specified in the bail undertaking or in a notice to be sent to the person.
(2) A bail undertaking must be given in Form 1A or 1B as appropriate.
(3) An accused person who is granted bail must appear in person before a court in accordance with the person's bail undertaking.
Conditions of bail
22.-(1) Bail may be granted unconditionally or subject to written conditions imposed by the police officer or the court, as the case may be.
(2) If conditions are attached to the granting of bail, they may only be one or more of the following-
(a) that the accused person enters into an agreement to observe specified requirements as to his or her conduct while on bail;
(b) that one or more sureties acknowledges that he or she is acquainted with the accused person and regards the accused person as a responsible person who is likely to comply with a bail undertakings;
(c) that the accused person enters into an agreement, without security, to forfeit a specified amount of money if he or she fails to comply with his or her bail undertaking;
(d) that one or more sureties enters into an agreement, without security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking;
(e) that the accused person enters into an agreement, and deposits acceptable security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking;
(f) that one or more sureties enters into an agreement or agreements, and deposits acceptable security, to forfeit a specified amount or specified amounts of money if the accused person fails to comply with his or her bail undertaking;
(g) that the accused person deposits with an authorised officer of the court a specified amount of money in cash and enters into an agreement to forfeit the amount deposited if the accused person fails to comply with his or her bail undertaking;
(h) that one or more sureties deposits with an authorised officer of the court a specified amount of money in cash and enters into an agreement or agreements to forfeit the amount or amounts deposited if the accused person fails to comply with his or her bail undertaking.
(3) If security by an accused person or surety as referred to in this section is considered necessary as a condition of bail the police officer or the court, as the case may be, must ascertain, under oath if necessary, the ability of the accused person or the surety to provide the security.
(4) If security as referred to in this section is required, it must be set with reference to the capacity of the accused person or acceptable person to meet the obligation.
(5) A requirement for security as referred to in this section must not be imposed if it amounts to an unreasonable impediment to the granting of bail.
(6) Any acknowledgment or agreement referred to in this section must be given-
(a) if by the accused person-in the bail undertaking;
(b) if by a surety-in Form 2.
(7) An acknowledgement or agreement under this section may be entered into in respect of more than one offence at the same time.
(8) An accused person and any person offering himself or herself as a surety may appeal to the High Court if a police officer or court refuses to accept a person as surety or any proposed security.
Restrictions on imposing bail conditions
23.-(1) Bail must be granted unconditionally unless the police officer or the court, as the case maybe, considers that, or more of the conditions mentioned in section 22 should be imposed for the purpose of-
(a) ensuring the accused person's surrender into custody and appearance at court;
(b) protecting the welfare of the community; or
(c) protecting the welfare of any specially affected person.
(2) Conditions may only be imposed-
(a) to protect the welfare of the community;
(b) to protect the welfare of any specially affected person; or
(c) in the interests of the accused person,
and may only be imposed if required by the circumstances of the accused person.
Provisions respecting money or security
24.-(1) Any money deposited or security offered under section 22 to satisfy a condition of bail remains the property of the accused person or surety who deposits the money or offers the security, unless it is forfeited under section 27.
(2) Where money is deposited or security is offered by more than one surety jointly, the money or security remains the property of the sureties jointly and severally unless it is forfeited under section 27.
Part VI-OFFENCES AND PENALTIES
Accused person absconding or breaching conditions of bail
25-(1) If an accused person who has been released on bail-
(a) fails to surrender to custody;
(b) otherwise breaches a condition of bail;
(c) absents himself or herself from the court without the court's leave at any time after he or she has surrendered to custody; or
(d) is found to have given a false residential address contrary to section 16(1),
the court may issue a warrant for the arrest of the accused person.
(2) A person who has been released on bail may be arrested without warrant-
(a) if a police officer reasonably suspects that the accused person is unlikely to surrender to custody;
(b) if a police officer reasonably believes that the person is likely to break any of the conditions of bail, or has broken any of those conditions.
(3) A person arrested pursuant to subsection (2) must be brought as soon as practicable, and in any event within 24 hours after the arrest, before a judge or a magistrate, who may remand the person in custody or grant him or her bail subject to conditions, which may be the same as or different from those originally imposed.
Penalty for absconding
26.-(1) A person who has been released on bail and who fails without reasonable cause to surrender to custody commits an offence and is liable on conviction to a fine of $2000 and to 12 months imprisonment.
(2) The burden is on the defendant to prove that he or she had reasonable cause for failing to surrender to custody.
Forfeiture of security
27.-(1) This section applies where bail is granted subject to the provision of security pursuant to section 22.
(2) If a person who has been released on bail fails without reasonable cause to surrender into custody the court may-
(a) order that the whole or any part of the money deposited or security given by the person be forfeited to the State; and
(b) unless cause is shown to the contrary within a period the court directs, order that the whole or any part of the money deposited or security given by a surety be forfeited to the State.
(3) Payment of any sum ordered to be paid under this section may be enforced as if it were a fine and as if the order were a sentence for an offence.
(4) A court may review a decision made under subsection (2) if it is satisfied on an application made by or on behalf of the accused person or a surety that the accused had reasonable cause of the failure to surrender to custody.
Discharge of surety
28.-(1) A person who agrees under section 22 to act as a surety for an accused person may at any time apply-
(a) if the bail was granted by a court-to the court or to any other court to which the accused person is bailed to appear; or
(b) if the bail was granted by a police officer for appearance at a court - to that court,
to discharge the person from his or her liability as surety.
(2) On an application under subsection (1) the court must, if the accused person is not then in custody or before the court-
(a) issue a warrant to apprehend the accused person and bring him or her before the court; or
(b) issue a summons for the accused person's appearance before the court.
(3) On the appearance of the accused person before the court, the court must, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from his or her liability, and the applicant is thereby discharged.
(4) If the court discharges the applicant from his or her liability, it may impose further conditions on the grant of bail, and may commit the accused person to prison until those conditions are complied with.
Part VII-CONTINUATION OR GRANT OF BAIL ON ADJOURNMENT ETC.
Continuation of bail
29.-(1) If a bail undertaking includes an undertaking to appear at any time and place at which proceedings in respect of the offence are continued, whether upon adjournment, committal or otherwise, a court may continue bail already granted in respect of the offence.
(2) If bail is continued under subsection (1), the bail undertaking and conditions, including any sureties and any security, continue to apply, except to the extent that a condition, or any agreement under a condition, otherwise provides or the court otherwise orders.
(3) If the accused person appears before a court in accordance with a bail undertaking referred to in subsection (1) and no specific direction is made by the court in respect of bail upon adjournment or committal, the court is taken to have continued bail on the same conditions on which it was originally granted.
(4) If a bail undertaking does not include the undertaking mentioned in subsection (1), but the case is adjourned or the accused person is committed for trial or sentence, the court must, if bail is applied for, make a fresh bail determination.
(5) If an accused person has been convicted and is appealing against conviction or sentence, bail may be continued if subsection (1) applies, or may be granted on a fresh bail determination, if applied for, and Parts IV and V apply with necessary modifications to a decision made under this subsection.
(6) Forms 1A, 1B and 2 maybe used with necessary modifications in relation to the grant of bail on an appeal or on committal for sentence.
Part VIII-REVIEW OF AND APPEALS ON BAIL DECISIONS
Power of review
30.-(1) A magistrate may review any decision made by a police officer in relation to bail.
(2) A magistrate may review a decision made by another magistrate, including a reviewing magistrate, in relation to bail.
(3) The High Court may review any decision made by a magistrate or by a police officer in relation to bail.
(4) The Court of Appeal may review any decision made by the High Court in relation to bail.
(5) The Supreme Court may review any decision of a magistrate, the High Court or the Court of Appeal, in relation to bail.
(6) A court may not review a decision under this Part if the court is prohibited from making a decision in relation to the grant of bail by any other written law.
(7) A court which has power to review a bail determination, or to hear a fresh application under section 14(1) may, if not satisfied that there are special facts or circumstances that justify a review, or the making of a fresh application, refuse to hear the review or application.
(8) The power to review a decision under this Part in relation to an accused person may be exercised only at the request of-
(a) the accused person;
(b) the police officer who instituted the proceedings for the offence of which the person is accused;
(c) the Attorney General;
(d) the Director of Public Prosecutions; or
(e) the victim of the offence.
(9) The power to review a decision under this Part includes the power to confirm, reverse or vary the decision.
(10) The review must be by way of a rehearing, and evidence or information given or obtained on the making of the decision may be given or obtained on review. ,
(11) The regulations may limit the powers of review conferred by subsections (1), (2) and (3).
Appeals on bail decisions
31.-(1) All grants or refusals of bail and all orders, conditions or limitations made or imposed under this Decree are appealable to the High Court upon the application either of the person granted or refused bail or of the Director of Public Prosecutions.
(2) The High Court may-
(a) in its original jurisdiction grant or refuse bail upon such terms as it considers just;
(b) on an appeal under subsection (1), confirm, reverse or vary the decision appealed from.
(3) This section is in addition to section 22(8) (as to the acceptance of sureties or security) and section 30 (as to review of bail decisions).
Part IX-MISCELLANEOUS
Repeal and savings
32.-(1) Sections 108 to 118 of the Criminal Procedure Code (Cap.21) are repealed.
(2) Regulations made under the repealed provisions which could have been made under section 34 of this Decree are deemed to have been made under that section and remain of full force and effect until repealed or amended under that section.
(3) Any regulations made under the repealed provisions which could not have been made under section 34 of this Decree are deemed to have been made under this subsection and remain of full force and effect until repealed or amended under this subsection.
(4) Any decision in respect of bail made under the repealed provisions which has not had effect before the commencement of this Decree remains in force as if made under this Decree.
(5) In this section "repealed provision" means any of sections 108 to 118 of the Criminal Procedure Code.
Consequential amendments
33.-(1) The Criminal Procedure Code (Cap. 21) is amended-
(a) in section 308 by repealing subsection (6);
(b) in section 202(5) by deleting "15 days" and substituting "48 hours".
(2) The Criminal Procedure Code (Forms) Rules are amended by repealing Forms 11, 32 and 34.
Regulations
34. The Minister, with the approval of the Chief Justice, may make regulations-
(a) with respect to the manner of making application to a court in relation to bail;
(b) prescribing classes or descriptions of offences punishable summarily to which section 6 applies;
(c) limiting the powers of review conferred by subsections (1), (2) and (3) of section 30;
(d) generally for carrying into effect the provisions of this Decree, but such regulations may not create offences or prescribe penalties.
Amendment of Schedule
35. The Minister may amend the Schedule by Regulations.
______
SCHEDULE
BAIL FORMS
FORM 1 A
BAIL DECREE 2000
Form 1 A
(Section 21)
BAIL UNDERTAKING (POLICE BAIL)
This form sets out your obligations as an accused person. They are intended to ensure that you appear in the specified court on the specified date.
Under the powers conferred by section 8 of the Bail Decree 2000, I ____________________ [name of police officer granting bail] hereby grant you _____________________ [name of accused person] bail to attend ________________________ [name of court] on ______________ [date] at [time] in relation to the offence of _________________ [offence].
ADDRESS
The address you have given me as your place of residence _______________________________
______________________________________________________________________________[accused person's address and telephone number (if any)].
CONDITIONS
The conditions on which bail is granted are-
(a) You must attend the _____________________ [court] on____________ [date] at ___________________ [time] and there surrender into the custody of the bail officer.
(b) [If required - see section 29.]* You must continue to appear at any time and place at which proceedings in respect of the offence are continued, whether upon adjournment, committal or otherwise.
(c) You must reside at the above address until your case is finally disposed off. (If you wish to reside elsewhere, you must notify the bail officer of the court or the officer in charge of the _________________________ police station at least 24 hours beforehand).
(d) You must not at any time approach or interfere with witnesses connected with the case against you.
(e) [Others e.g. surrender of passport]*
SECURITY/SURETIES
[Here state (a) whether any security and if so what security is required of the person accused; (b) and whether any sureties are required, and if so who they are, and whether they are required to provide security and if so what security.]
ACKNOWLEDGEMENT
I have been made aware of the nature and conditions of my bail and I understand the obligations which they impose.
I agree to observe these conditions and acknowledge that I will face penalties for any breach of them.
[If security required]*
I further acknowledge that I will [forfeit to the Republic of the Fiji Islands the sum of $ _______ now deposited] OR [owe to the Republic of the Fiji Islands the sum of $____________] if I fail to comply with Condition (a) [or (b)] * above.
Signed: ________________ Accused
________________ Surety (if any)
________________ Police Officer granting bail
Date:
Time:
Police Station:
Receipt for Passport etc. (if appropriate)
Receipt for cash deposit (if appropriate)
* Delete if not required.
____
FORM 1B
BAIL DECREE 2000
FORM IB
(Section 21)
BAIL UNDERTAKING (COURT BAIL)
In the ___________________ Court
This bail form sets out your obligations to this court as an accused person. They are intended to ensure that you appear in [this] [the specified] court on the specified date.
You ____________________ [name of accused person] are hereby granted bail. The court in granting you bail requires your attendance at [this] [the ________________________] court on ___________ [date] at _____________ [time] in relation to the offence of __________ [offence].
ADDRESS:
The address you have given as your place of residence is________________________________
______________________________________________________________________________
[accused person's address and telephone number, (if any)]
CONDITIONS:
The conditions on which bail is granted are-
(a)You must attend [this] [the ____________________] court on ________________and there surrender into the custody of the bail officer.
(b) [If required-see section 29.]* You must continue to appear at any time and place at which proceedings in respect of the offence are continued, whether upon adjournment, committal or otherwise.
(c) You must reside at the above address until your case is finally disposed off. (If you wish to reside elsewhere, you must notify the bail officer at least 24 hours beforehand.)
(d)You must not at any time approach or interfere with witnesses connected with the case against you.
(e) [Others e.g. surrender of passport.].*
SECURITY/SURETIES
[Here state (a) whether any security and if so what security is required of the person accused; (b) whether any sureties are required,
and if so who they are, and whether they are required to provide security and if so what security.]
ACKNOWLEDGEMENT
I have been made aware of the nature and conditions of my bail, and I understand the obligations which they impose.
I agree to observe these conditions and acknowledge that I will face penalties for any breach of them.
[If security required]*
I further acknowledge that I will [forfeit to the Republic of the Fiji Islands the sum of $_____ now deposited] OR [owe to the Republic of the Fiji Islands the sum of $______] if I fail to comply with Conditions (a) [or (b)]* above.
Signed: __________ Accused
___________ Surety (if any)
___________ Court Officer
Date _______
Receipt for Passport etc (if appropriate)
Receipt for cash deposit (if appropriate)
* Delete if not required
______
FORM 2
BAIL DECREE 2000
Form 2
Section 22
BAIL SURETY FORM
(to be completed by each surety)
In the ____________________________ Court
Name of case _______________________________________
I, ________________ (name) of ________________ (residence) agree to be a surety for the performance by ______________ (accused person) of the following conditions set out in a Bail Undertaking dated ________
CONDITIONS
(a) That _________________________________ (accused person) will attend at [this] [the __________] court on ____________ (date), at __________ (time) and there surrender into the custody of the bail officer.
[If in the bail undertaking].*
(b) That the said ___________ (accused person) will continue to appear at any time and place at which proceedings in respect of the offence are continued, whether upon adjournment, committal or otherwise.
ACKNOWLEDGEMENT
I, ____________________________ (surety) state that I have been made aware of the obligations of a bail surety and accept those obligations.
I further acknowledge that I will [forfeit to the Republic of the Fiji Islands the sum of $______ now deposited] OR [owe to the Republic of the Fiji Islands the sum of $________] if ________ (accused person) fails to surrender into custody of the bail officer of this [the _______] court on ______ (date) at _________ (time) [or fails to appear at any time and place at which proceedings in respect of the offence are continued].*
Signed: Accused person _____________________
Surety _____________________________
Court Officer _______________________
Date _________________
Receipt for cash deposit (if appropriate)
* Delete if not required
Made at Suva this 17th day of August 2000.
J. I. ULUIVUDA
President of the Republic of Fiji.
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