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Magistrates' Courts Act

LAWS OF TONGA

[1988 Ed.]

CHAPTER 11

THE MAGISTRATES' COURTS

ARRANGEMENT OF SECTIONS

SECTION
1. Short title.

PART I. - APPOINTMENT AND JURISDICTION OF MAGISTRATES

2. Chief Police Magistrate.
3. Appointment of magistrates.
4. Vacancies.
5. Acting appointments.
6. Sitting of the Courts.
7. Adjournment of Courts from day to day till cases disposed of.
8. General powers and jurisdiction.
9. Magistrate's process to have effect throughout Kingdom.
10. Offences in territorial waters.

PART II. - SUMMARY JURISDICTION IN CRIMINAL CASES

11. Limits of summary jurisdiction.
12. Accused may elect trial by jury in indictable cases.
13. Mode of application for summons.
14. Preparation and issue of summons.
15. Summons to be for one offence only.
16. Summons to be signed and sealed by magistrate.
17. Mode of service of summons.
18. Proof of service of summons.
19. Clerk to prepare list of cases for hearing.
20. Mode of conducting case.
21. Procedure on non-appearance of defendant.
22. Procedure on non-appearance of complainant.
23. Non-appearance of both parties.
24. Hearing of case of both parties.
25. Procedure where case appears to be properly triable in the Supreme Court.
26. Mode of dealing with cross complaints.
27. Mode of enforcing orders for payment of money.
28. Scale of imprisonment for non-payment of fine or in default of distress.
29. Guardian of child convicted of an offence liable to pay etc.
30. Punishment of child by whipping.
31. Adjournment and proceedings thereon.

PART III. - PRELIMINARY INQUIRY BEFORE A MAGISTRATE

32. Limits of jurisdiction.
33. Preparation issue and service of summons.
34. Proceedings at preliminary inquiry.
35. Election of summary trial.
36. Remission to Magistrate.
37. Procedure where accused person is discharged.
38. Committal of accused person for trial.
39. Binding over witnesses to give evidence at trial.
40. Conditional Orders for attendance of witnesses.
41. Documents relating to the case to be forwarded to Clerk of the Supreme Court.
42. Committal without calling witnesses.
43. Exhibits.
44. Mode of taking evidence where a witness is ill or about to leave the Kingdom.
45. Record by magistrate's clerk of evidence taken under preceding section.
46. Right of accused person to bail.
47. Bailing of accused where inquiry is adjourned.
48. Accused on committal for trial to be imprisoned unless admitted to bail.
49. Bailing of accused on committal for trial.
50. Proof of sufficiency of means by persons proposing to enter into recognizance of bail.

PART IV. - SEARCH WARRANTS, WARRANTS OF ARREST AND DISTRESS WARRANTS

51. Search warrants.
52. Warrants of arrest.
53. Distress warrants.