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AN ACT TO REPEAL THE CRIMINAL PROCEDURE CODE 1944 AND TO MAKE COMPREHENSIVE PROVISION IN RELATION TO THE POWERS AND PROCEDURES TO BE APPLIED IN RELATION TO THE APPREHENSION OF OFFENDERS AND THE CONDUCT OF CRIMINAL TRIALS, AND FOR RELATED MATTERS
[CP 2] Interpretation2
- charge
means an official notification to a person that the person is accused of committing an offence and that the person is required to appear in the designated court to answer the charge;
- complaint
means an allegation that some person known or unknown has committed an offence, or is guilty of an offence;
- de facto relationship
means the relationship between two persons who live or have lived with each other as spouses on a genuine domestic basis although not legally married to each other;
- indictable offence
means any offence stated in the Crimes Act 2009 or any other law prescribing offences to be an indictable offence, and which shall be triable in the High Court in accordance with the provisions of this Act and upon the filing of an information;
- indictable offence triable summarily
means any offence stated in the Crimes Act 2009 or any other law prescribing offences to be an indictable offence triable summarily, and which shall be triable—
- (a)in the High Court in accordance with the provisions of this Act; or
- (b)at the election of the accused person, in a Magistrates Court in accordance with the provisions of this Act;
- information
means a written charge preferred by the State against an accused person for the purpose of the trial of the person in the High Court;
- juvenile
has the same meaning as in the Juveniles Act 1973;
- locality
in relation to a Magistrates Court means—
- (a)any area of a Magistrates Court’s jurisdiction determined in accordance with any law prescribing matters relating to the jurisdiction of such courts; or
- (b)in the absence of any statutory provision to which paragraph (a) applies, the general geographical location of a court and the area of Fiji which it serves;
- Magistrate
includes any other title given to Magistrates as a result of changes to any law relating to the establishment and jurisdiction of Magistrates Courts;
- Magistrates Court
includes any other title given to Magistrates Courts as a result of changes to any law relating to the establishment and jurisdiction of such courts;
- medical practitioner
means any person registered (conditionally or otherwise) under the provisions of a law regulating the practice of medicine in Fiji;
- minor offence
means any offence prescribed in the Minor Offences Act 1971;
- police officer
means any officer of the Fiji Police Force;
- 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 by the Director of Public Prosecutions or the Commissioner of the Fiji Independent Commission Against Corruption to be a prosecutor, or to prosecute any particular case;
- spouse
includes a person who is or has been in a de facto relationship with the other person;
- statute
means any written law;
- summary offence
means any offence stated in the Crimes Act 2009 or any other law prescribing offences to be a summary offence, and which shall be triable in a Magistrates Court in accordance with the provisions of this Act; and
- summary trial
means a trial held by a Magistrates Court.