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The Laws of Fiji
Last Updated: 15 February 2021

[CP 154] Promotion of reconciliation154 

154
(1) In the case of any charge for an offence of common assault or assault occasioning actual bodily harm or criminal trespass or damaging property the court may, in such cases which are—
  • (a)substantially of a personal or private nature; and
  • (b)not aggravated in degree,

promote reconciliation and encourage the settlement of the proceedings in an amicable way, on terms of payment of compensation or on other term approved by the court, which may involve—

  • (i)the giving of an apology in any appropriate manner;
  • (ii)the giving of a promise or undertaking not to re-offend, or to respect the rights and interests of any victim;
  • (iii)mandatory attendance at any counselling or other programme aimed at rehabilitation; or
  • (iv)a promise or undertaking to alter any habits or conduct, such as the consumption of alcohol or the use of drugs.
(2) A court shall only proceed in accordance with subsection (1) if it is satisfied that it is in the interests of any victim of crime to proceed in such a manner, and the court shall ensure that the victim of the violence does not submit to any proceedings being undertaken in accordance with this section by reason of pressure being exerted in any form.
(3) Upon proceeding in accordance with this section the court may then—
  • (a)order the proceedings to be stayed for a specified period of time upon the offender entering into any bond to comply with the terms imposed by the court under subsection (1); or
  • (b)dismiss the proceedings.
(4) A proper record of every aspect of the outcome of the proceedings is to be made on the court files and in the records of an accused person whose case has been dealt with in accordance with the procedures specified in this section.
(5) The procedures under this section may be applied in connection with any procedure of the court which permits the involvement of traditional and community leaders in the determination of appropriate sentences.
(6) This section does not apply to offences of domestic violence, as defined by the Domestic Violence Act 2009.
(7) Regulations made under this Act may make provision in relation to any aspect of procedures aimed at promoting reconciliation in accordance with this section, and may prescribe guidelines to be applied by the courts in such proceedings.