The Laws of Fiji
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Last Updated: 15 February 2021
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 4] Offences under the Crimes Act 2009 and extension of jurisdiction4
4
- (a)any indictable offence under the Crimes Act 2009 shall be tried by the High Court;
- (b)any indictable offence triable summarily under the Crimes Act 2009 shall be tried by the High Court or a Magistrates Court, at the election of the accused person; and
- (c)any summary offence shall be tried by a Magistrates Court.
(2) Notwithstanding the provisions of subsection (1), a Judge of the High Court may, by order under his or her hand and the seal of the High Court, in any particular case or class of cases, invest a Magistrate with jurisdiction to try any offence which, in the absence of such order, would be beyond the Magistrate’s jurisdiction.
(3) A Magistrate hearing a case in accordance with an order made under subsection (2) may not impose a sentence in excess of the sentencing powers of the Magistrate as provided for under this Act.