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Cook Islands Justices Bench Book, Second Edition

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Cook Islands Justices Bench Book, Second Edition THE COOK ISLANDS JUSTICES BENCH BOOK Second edition 2012 The Cook Islands Justices Bench Book ACKNOWLEDGEMENTS The second edition of the Cook Islands Justices Bench Book was developed by Christopher Roper, in a project conducted by the Pacific Judicial Development Programme. Significant contributions were made by the following people in the Cook Islands, particularly in a three day series of meetings in February 2012: Mataira Ake JP Claudine Henry-Anguna, Registrar of the High Court Tekeu Framhein JP Georgina Keenan-Williams JP John Kenning JP Teati Mokoroa, Deputy Registrar of the High Court Kautai Ruaporo, Court Clerk Tuingariki Short JP Tauei Solomon JP Tangi Taoro JP Carmen Temata JP Tinirau Tupa, Court Clerk Taepae Tuteru JP © High Court of the Cook Islands i The Cook Islands Justices Bench Book QUICK GUIDE TO FIND WHAT YOU NEED Adjournments Go to Tab 12 Bail applications Go to Tab 13 Child witnesses Go to Tab 19 – section 19.5.4 Contempt of court Go to Tab 19 – section 19.6 Guilty pleas Go to Tab 11 – section 11.5 Jurisdiction of justices Go to Tab 3 – section 3.5 Name suppression Go to Tab 14 No case to answer Go to Tab 16 – section 16.6 Probation Go to Tab 15 – section 15.5.2 Remanding in custody Go to Tab 13 – section 13.3 ii The Cook Islands Justices Bench Book CONTENTS TABLE OF CONTENTS IN BRIEF FOUNDATIONS 1 The constitutional context 2 The law in the Cook Islands 3 Introduction to the High Court 4 Dealing with evidence 5 Criminal law and human rights 6 Principles of criminal responsibility 7 Judicial conduct IN THE COURT ROOM 8 The criminal process 9 Bringing an accused person to court for trial 10 The Information 11 First appearances, taking pleas and callovers 12 Adjournments 13 Bail applications and remanding in custody 14 Name suppression orders 15 Sentencing 16 Hearing a defended criminal trial 17 Hearing a civil matter 18 Sitting in the Children’s Court JUDICIAL SKILLS 19 Managing the court and record keeping 20 Writing judgments OTHER MATTERS 21 Land cases 22 Preliminary inquiries 23 Special pleas 24 Appeals, retrials and reservations of questions of law APPENDICES A Criminal Offences – jurisdiction and sentences B Common Criminal Offences C Traffic Offences – jurisdiction and sentences D Common Traffic Offences E Common Drug Offences F Criminal Procedure Act (unofficial consolidation) G Judicature Act (unofficial consolidation) iii The Cook Islands Justices Bench Book ABBREVIATIONS ............................................................................................... xiv GLOSSARY OF SOME SELECTED TERMS ........................................................... xiv FOUNDATIONS 1 The Constitutional Context .......................................................................... 3 1.1 The constitutional framework of the Cook Islands ......................................... 3 1.1.1 The Cook Islands Constitution ............................................................... 3 1.1.2 The doctrine of the separation of powers ................................................ 3 1.1.3 The independence of the judiciary .......................................................... 4 1.1.4 The rule of law ....................................................................................... 4 1.2 The Branches of Government in the Cook Islands ......................................... 4 1.2.1 Head of State ......................................................................................... 4 1.2.2 House of Arikis ...................................................................................... 4 1.2.3 The Executive ........................................................................................ 5 1.2.4 Parliament ............................................................................................. 7 1.2.5 The Judiciary ......................................................................................... 9 1.3 The Cook Islands court system .................................................................... 10 2 The Law in the Cook Islands ....................................................................... 11 2.1 Sources of law in the Cook Islands .............................................................. 11 2.2 The Constitution.......................................................................................... 11 2.3 Legislation ................................................................................................... 12 2.4 Common Law .............................................................................................. 13 2.5 Customary Law ........................................................................................... 14 3 Introduction to the High Court ................................................................... 17 3.1 General characteristics and structure of the court system ........................... 17 3.2 A brief description of the courts ................................................................... 18 3.2.1 The Sovereign in Council (Privy Council) .............................................. 18 3.2.2 The Court of Appeal ............................................................................. 18 3.2.3 The High Court .................................................................................... 19 3.3 The High Court in detail .............................................................................. 20 3.3.1 The Divisions ....................................................................................... 20 3.3.2 Language of the Court ......................................................................... 20 3.3.3 Governing legislation ........................................................................... 20 iv The Cook Islands Justices Bench Book 3.4 Composition of the Court............................................................................. 21 3.4.1 Judges ................................................................................................. 21 3.4.2 Justices of the Peace (Justices) ............................................................ 23 3.4.3 Other officers of the Court ................................................................... 23 3.5 Jurisdiction of Justices of the Peace ............................................................ 25 3.5.1 Jurisdiction defined ............................................................................. 25 3.5.2 Criminal jurisdiction ............................................................................ 26 3.5.3 Sentencing jurisdiction ........................................................................ 27 3.5.4 Civil jurisdiction .................................................................................. 28 3.5.5 Other jurisdiction ................................................................................ 29 3.6 Transfer of cases to a Judge ........................................................................ 29 4 Dealing with Evidence ................................................................................ 31 4.1 Introduction ................................................................................................ 31 4.2 Classification of evidence ............................................................................. 31 4.2.1 Classification by form .......................................................................... 31 4.2.2 Classification by content ...................................................................... 32 4.3 Documentary evidence ................................................................................ 32 4.4 Real evidence ............................................................................................... 34 4.5 Exhibits ....................................................................................................... 34 4.6 Oral evidence ............................................................................................... 35 4.7 Evidentiary issues relating to witness testimony .......................................... 36 4.7.1 Competence and compellability of witnesses ........................................ 36 4.7.2 Examination of witnesses .................................................................... 38 4.7.3 Leading questions ................................................................................ 39 4.7.4 Refreshing memory .............................................................................. 40 4.7.5 Lies ...................................................................................................... 40 4.7.6 Corroboration ...................................................................................... 40 4.7.7 The warning to a witness against self incrimination ............................. 41 4.7.8 Identification evidence by witnesses ..................................................... 41 4.8 Rules of Evidence ........................................................................................ 42 4.8.1 Introduction ......................................................................................... 42 4.8.2 Burden and standard of proof .............................................................. 42 4.8.3 Judicial notice ..................................................................................... 44 4.8.4 Admissibility of evidence ...................................................................... 44 4.8.5 The Best Evidence Rule ....................................................................... 45 v The Cook Islands Justices Bench
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