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Criminal Procedure Code (Amendment) Promulgation 2007

INTERIM GOVERNMENT OF THE REPUBLIC OF THE FIJI ISLANDS
_______________

CRIMINAL PROCEDURE CODE (AMENDMENT) PROMULGATION 2007

(PROMULGATION No. 29 OF 2007)

IN EXERCISE of the powers conferred upon the Interim Government, and upon the exercise of my own deliberate judgement as President of the Republic of the Fiji Islands as to what is best and good for the people of Fiji, and by the executive authority of the State in accordance with section 85 of the Constitution and such other powers as may appertain, and with the advice of Cabinet, I, Josefa Iloilovatu Uluivuda, make this Promulgation-

TO AMEND THE CRIMINAL PROCEDURE CODE (CAP 21)

Short title

1.- (1) This Promulgation may be cited as the Criminal Procedure Code (Amendment) Promulgation 2007.

(2) In this Promulgation, the Criminal Procedure Code (Cap. 21) is referred to as the "Code".

Section 71 amended

2. The Code is amended in section 71(1), by deleting everything from the beginning up to "the State" and substituting –

"(1) A nolle prosequi may be entered –

(a) in any criminal case and at any stage thereof before verdict or judgment, as the case may be, by the Director of Public Prosecutions; or

(b) in any criminal case that is being conducted in the name of the Commissioner of the Fiji Independent Commission Against Corruption, and at any stage thereof before verdict or judgment, as the case may be, by the Commissioner,

either by stating in court or by informing the court in writing that the State or the Commissioner (as the case may be)".

Section 153 amended

3. The Code is amended in section 153(1)(b)(ii), by adding "or the Commissioner of the Fiji Independent Commission Against Corruption" after "Director of Public Prosecutions".

Section 227 amended

4. The Code is amended in section 227(a), by deleting "to the Chief Registrar of the High Court and the Director of Public Prosecutions" and substituting the following subparagraphs –

"(i) to the Chief Registrar of the High Court; and,

(ii) if the case is being conducted before the magistrate in the name of the Commissioner of the Fiji Independent Commission Against Corruption, to the Commissioner or, in any other case, to the Director of Public Prosecutions;".

Section 232 amended

5. The Code is amended in section 232(1), by deleting "to the Chief Registrar of the High Court and the Director of Public Prosecutions" and substituting the following paragraphs-

"(a) to the Chief Registrar of the High Court; and,

(b) if the case is being conducted before the magistrate in the name of the Commissioner of the Fiji Independent Commission Against Corruption, to the Commissioner or, in any other case, to the Director of Public Prosecutions.".

Section 233 amended

6. The Code is amended in section 233-

(a) in subsection (1), by deleting "shall be filed by the Director of Public Prosecutions" and substituting "by the Director of Public Prosecutions or the Commissioner of the Fiji Independent Commission Against Corruption shall be filed"; and,

(b) in subsection (2), by adding "or the Commissioner of the Fiji Independent Commission Against Corruption" after "Director of Public Prosecutions".

Section 235 amended

7. The Code is amended in section 235 –

(a) in subsection (1), by deleting "shall be in the name of and (subject to section 72) signed by the Director of Public Prosecutions and substituting the following paragraphs-

"(a) and charging the accused with an offence to which the Fiji Independent Commission Against Corruption Promulgation (No. 11 of 2007) applies, shall be in the name of either the Commissioner of the Fiji Independent Commission Against Corruption or the Director of Public Prosecutions; or

(b) in any other case, shall be in the name of the Director of Public Prosecutions.";

(b) by adding after subsection (1) the following subsection-

"(1A) An information that is in the name of the Director of Public Prosecutions shall (subject to section 72) by signed by the Director of Public Prosecutions, and an information that is in the name of the Commissioner of the Fiji Independent Commission Against Corruption shall be signed by the Commissioner.";

(c) in the form in subsection (2), by deleting "DIRECTOR OF PUBLIC PROSECUTIONS" and substituting "DIRECTOR OF PUBLIC PROSECUTIONS /THE COMMISSIONER OF THE FIJI INDEPENDENT COMMISSION AGAINST CORRUPTION".

Section 266 amended

8. The Code is amended in section 266 by adding after paragraph (h) the following paragraph-

"(ha) the Commissioner and all officers and staff of the Fiji Independent Commission Against Corruption;"

Section 308 amended

9. The Code is amended in the proviso to subsection (1) of section 308, by inserting "in respect of proceedings other than proceedings that were conducted in the name of the Commissioner of the Fiji Independent Commission Against Corruption," after "that".

Section 319 amended

10. The Code is amended in section 319(1), by adding "and the Commissioner of the Fiji Independent Commission Against Corruption or his representative, if he appears," immediately before "and the High Court".

Section 330 amended

11. The Code is amended in the proviso to section 330, by adding "or the Commissioner of the Fiji Independent Commission Against Corruption" after "Director of Public Prosecutions".

Section 332 amended

12. The Code is amended in the proviso to section 332; by deleting everything after "him" and substituting-

"(a) by or under the direction of the Director of Public Prosecutions who may require a case to be stated with reference to proceedings to which he was not a party; or

(b) by the Commissioner of the Fiji Independent Commission Against Corruption.".

Section 338 amended

13. The Code is amended in section 338(g), by adding "or the Commissioner of the Fiji Independent Commission Against Corruption" after "Director of Public Prosecutions".

GIVEN UNDER MY HAND this 14th day of September 2007.

J.I. ULUIVUDA
President of the Republic of Fiji