GOVERNMENT OF THE REPUBLIC OF FIJI

DECREE NO. 22

ELECTABLE OFFENCES DECREE 1988

ARRANGEMENT OF SECTIONS

SECTION

1. Short title
2. Interpretation
3. Right of election in the High Court
4. Committal for trial before the High Court at request of Director of Public Prosecutions
5. Cases in High Court to be remitted to Magistrate's Court
6. Criminal Procedure Code amended by this Decree
7. Coming into force

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IN exercise of the powers vested in me as President and Commander-in-Chief of the Republic of Fiji. I hereby make the following Decree-

Short title

1. This Decree may be cited as the Electable Offences Decree 1988.

Interpretation

2. In this Decree, unless the context otherwise requires-

"electable offences" means such offences that are prescribed in the Schedule hereto.

Right of trial in the High Court

3. No person charged with an offence under the Penal Code shall be entitled to elect to be tried before the High Court unless the offence with which he has been charged is an electable offence.

Committal for trial at request of Director of Public Prosecutions

4. Notwithstanding the provisions of the preceding section the Director of Public Prosecutions or any counsel instructed by him may request the Magistrates' Court before which an accused person is charged with a non-electable offence to proceed in the case byway of committal for trial before the High Court and in any such case the presiding magistrate shall deal with the offence as if it is an electable offence under this Decree:

Provided that no request shall be granted under this section except where it appears that the non-electable offence is likely to raise serious or difficult issues of law or fact or both.

Cases in High Court to be remitted to Magistrates' Court for hearing

5. Cases pending trial in the High Court and others under committal for trial at the date of this Decree and which are not triable in the High Court by reason of the provisions of this Decree shall by order under the hand of the Chief Justice be remitted to the Magistrates' Court for hearing and determination according to law.

Criminal Procedure Code amended by this Decree

6. To the extent that this Decree deals with the right of trial in the High Court of offences prescribed in the Schedule, the Criminal Procedure Code is amended and shall be read subject to this Decree.

Coming into force

7. This Decree shall be deemed to have come into force on the 16th day of February 1988.

Dated this 2nd day of March 1988.

PENAIA K. GANILAU
President and Commander-in-Chief

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SCHEDULE

Offence 	Section of Penal Code	
1. Rescue..................................................................................................	137(a)	
2. Rape.....................................................................................................	149	
3. Defilement of girl under thirteen ……………………………............	155(1)	
4. Attempting to procure abortion ……………………………..………	172	
5. Being accessory after the fact to murder ……………………............	216	
6. Conspiracy to murder ……………………………………….………	217	
7. Complicity in another's suicide ……………………………………..	219	
8. Disabling with intent to commit a crime ……………………............	222	
9. Stupefying with intent to commit a crime ………………….……….	223	
10. Act intended to cause grievous harm or prevent arrest ……………	224	
11. Intentionally endangering safety of persons travelling by railway…	226	
12. Attempting to injure by explosive substances ……………………..	228	
13. Administering poison with intent to harm …………………............	229	
14. Kidnapping ………………………………………………………...	249	
15. Kidnapping or abducting with intent to murder …………………..	250	
16. Kidnapping or abducting with intent to harm, etc …………...........	252	
17. Wrongfully stealing or keeping in confinement, kidnapped or abducted person …………………………………..................................	253	
18. Stealing and embezzlement by officer of post office-		
(a) if packet contains money or valuable security;		
(b) in all other cases ...................................................................	268	
19. Larceny and embezzlement by clerk and servant ………………….	274	
20. Robbery with violence ...…………………………………………...	293(1)	
21. Arson ………………………………………………………………	317	
22. Attempt to commit arson ………………………………………….	318	
23. Destroying or damaging inhabited house or vessel with explosives 	324(2)	
24. Destroying or damaging river bank wall or navigation works or bridge ………………………………………………………………….	324(3)	
25. Attempting to destroy or damage property with explosives ……….	325	
26. Forgery ……………………………………………………………..	335(1) & (2)	
27. Forgery …..………………………………………………………...	336(1), (2) & (3)	
28. Alteration of Treasury books with intent to defraud ………………	337	
29. Forging copies of certificates of records ………………………….	338	
30. Forging registers of births, etc …………………………………….	339	
31. Making false entries in copies of register sent to Registrar, etc.	340	
32. Forgery ……………………………………………………….……	342(1), (2), (3), (4) & (5)	
33. Importing forged currency notes or bank notes …………………....	346(1)	
34. Possession of forged stamp or die for making gold or silverware, etc., or any forged wrapper used by Commissioner of Inland Revenue, etc ……………………………………………………………………..	346(2)	
35. Secret commission on Government contracts …………………….	377	

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