TONGA

MAGISTRATES' COURTS (AMENDMENT) ACT 1990

Act 24 of 1990

AN ACT TO AMEND THE MAGISTRATES COURTS ACT

I assent,

TAUFA'AHAU TUPOU IV,
19th December, 1990

[7th November, 1990]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. This Act may be cited as the Magistrates' Courts (Amendment) Act 1990. The Magistrates' Courts Act, as amended, is in this Act referred to as the Principal Act.

2. Section 11 of the Principal Act is amended-

(a) by deleting the words "five hundred pa'anga or two years" and substituting therefor "$1000 or 3 years";

(b) by renumbering that provision as subsection (1);

(c) by inserting the following as subsection (2);

"(2) Subject to subsection (1), criminal cases in which the fine provided by law does not exceed $1500 may be tried by the Chief Police Magistrate."

3. Section 19 of the Principal Act is amended by deleting the word "consecutively".

4. Section 20 of the Principal Act is amended by deleting the words "licensed lawyer" and replaced by the words "law practitioner".

5. The Principal Act is amended by inserting the following new section after section 20 thereof

"20A. (1) This section shall apply to offences under the Traffic Act which are not triable in the Supreme Court and which do not carry a sentence of imprisonment, and the clerk of the Court is notified by or on behalf of the prosecutor that the following documents have been served upon the accused with the summons:

(a) a notice in Form XIX of the Schedule; and

(b) a concise Statement of Facts relating to the charge which will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court.

(2) Subject to subsections (3) to (5), where the clerk of the court receives a notification in writing purporting to be given by the accused or by a law practitioner acting on his behalf that the accused desires to plead guilty without appearing before the court, the clerk of the court shall inform the prosecutor of such notification and if at the appointed time of trial the accused does not appear, and the court is satisfied that the notice and Statement of Facts referred to in subsection (1) have been served upon the accused, then-

(a) the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty; or

(b) if the court decided not to proceed as aforesaid, the court shall adjourn the trial for the purpose of dealing with the case as if the notification aforesaid had not been given.

(3) If at any time before the hearing the clerk of the court receives and intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification aforesaid, the clerk of the court shall inform the prosecutor thereof and the court shall deal with the case as if such notification aforesaid had not been given.

(4) Before accepting the plea of guilty and convicting the accused in his absence under subsection (2), the court shall cause the notification and Statement of Facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court.

(5) If the court proceeds under subsection (2) to hear and dispose of the case in the absence of the accused, the court shall not permit any statement to be made by or on behalf of the prosecutor with respect to any facts relating to the offence charged other than the Statements of Facts aforesaid."

6. Section 55 of the Principal Act is amended-

(a) by deleting the words "five hundred pa'anga" from subsection (1) thereof and substituting therefor "$1000";

(b) by deleting the words "one thousand pa'anga" from subsection (2) thereof and substituting therefor "$2000";

(c) by deleting the words "Magistrates' and" from the first sentence and deleting the whole of the second sentence from subsection (3) thereof.

7. Section 68A of the Principal Act is amended by deleting the words "Privy Council" and replaced with the word "Cabinet".

8. Section 69 of the Principal Act is amended by numbering the provision as subsection (1) and inserting the following as subsection (2):

"(2) Any party to any appeal under subsection (1) of this section shall have a further right of appeal on a point of law to the Court of Appeal with the leave of the Supreme Court or the Court of Appeal."

9. Section 85 of the Principal Act is amended by inserting after the word "committed," the words "or some other minor error or discrepancy in the summons or warrant which may be amended without injustice to the defendant."

10. The Schedule to the Principal Act is amended by adding the following form:

"FORM XIX

NOTICE TO DEFENDANT: PLEA OF GUILTY IN ABSENCE
(Section 20A)

To........................................................................................ (Name of accused)
of ...................................................................................... (address of accused)

PLEASE READ THIS NOTICE CAREFULLY

If you admit the offence(s) referred to in the summons(es) served herewith and do not wish to appear before the Court, it is open to you under section 20A of the Magistrates' Courts Act, to inform the Clerk of the Court in writing that you wish to plead guilty to the charge(s) without appearing. If you decide to do this, you should write to the Clerk in time for him to receive your reply at least three days before the date fixed for the hearing in order to avoid the unnecessary attendance of witnesses. In writing to the Clerk you should mention any mitigating circumstances which you wish to have put before the Court, and you are required to include a statement of your date of birth, sex and occupation.

If you send in a written plea of guilty, the enclosed Statement(s) of Facts and your statement in mitigation will be read out in open Court before the Court decides whether to accept your plea and hear and dispose of the case in your absence. The prosecution will not be permitted to make any statement with respect to any facts relating to the offence(s) other than the Statement of Facts.

If you send in a written plea of guilty but the Court decides not to accept the plea, the hearing will be adjourned and you will be informed of the time and place of the adjourned hearing. The case will then be heard as if you had not sent in a written plea of guilty.

If you send in a written plea of guilty you may, if you wish, withdraw it by informing the Clerk of the withdrawal at any time before the hearing.

Neither this notice nor any reply you may send limits your right to appear before the Court at the time fixed for the hearing, either in person or by counsel, and then to plead guilty or not guilty as you may desire; if after sending in a written plea of guilty you do so appear, or if you inform the Clerk before the hearing of the withdrawal of your written plea, the case will be heard as if you had not sent it in. If after sending in a written plea of guilty you wish to appear and plead not guilty, you will avoid delay and expense by informing the Clerk immediately of your change of intention: unless you do inform the Clerk in good time there will have to be an adjournment to allow the prosecution to bring their witnesses to Court.

NOTES

1. The maximum fine for this offence is $ .................................................
2. If you want anymore information you may get in touch with the clerk of the Court.
3. If you intend to consult a law practitioner you would be well advised to do so before taking any action in response to this notice.
4. Address any letter to
The Clerk of the Magistrates' Court ................................................................... (name of District) "

Passed by the Legislative Assembly this 7th day of November, 1990.

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