Island Courts Rules

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*Editor’s note: This Arrangement of Parts contains links to the body of the Rules (Control + click)
PART A

Interpretation
Rule 1 – Starting of Civil Claim
Rule 2 – Acceptance of claim, defence, counterclaim or set-off to claim
Rule 3 – Discontinuance of claim, defence, counter-claim or set-off
Rule 4 – Non-attendance at hearing
Rule 5 – Summons to witness
Rule 6 – Conduct of hearing
Rule 7 – Judgment of Court
Rule 8 – Notification of right of appeal
Rule 9 – Enforcement of Judgment of Court
Rule 10 – Forms
Rule 11 – Fees

In these rules, unless the context indicates otherwise:

“Act” means the Island Courts Act, Cap. 167;

“Case” includes any action, suit or other original proceeding between a claimant and a defendant;

“set-off” means a sum which is owing by the claimant to the defendant and is to be deducted from the sum claimed by the claimant against the defendant.

(1) Filing of statement of claim
Every civil claim must be started by the person making the claim (called the claimant) filing a written statement of claim which is signed by the claimant at an office of an Island Court.
The claim must be a claim which is stated by the warrant of jurisdiction of that Island Court to be within the jurisdiction of that Court to hear and determine.
The claimant must also provide to the office sufficient numbers of copies of the statement of claim for service on each person against whom the claim is made (called the defendant).

(2) Place of filing
A statement of claim must be filed at the office of the Island Court within whose jurisdiction the defendant ordinarily resides or carries on business, or,within which the cause of action arose, or, in the case of a claim about ownership or boundary of customary land, within whose jurisdiction the land is situated.

(3) Contents of statement of claim
The statement of claim must state the name, occupation and address of the claimant and of the defendant, and also the grounds or basis of the claim.
If the claim relates to ownership or the boundary of customary land the statement of claim shall contain a description of the boundaries and also contain a sketch map of the land.

(4) Date of hearing If the clerk of the office is satisfied that the statement of claim is in accordance with the preceding paragraphs of this rule, the clerk shall register the statement of claim in the record books of the court, and shall enter the claim in the list for hearing on a certain day, which shall be not earlier than 30 days after the date of filing.

(5) Summons to defendant The clerk shall prepare a summons addressed to the defendant which shall state the date of hearing and attach to it a copy of the statement of claim.
A summons with a copy of the statement of claim shall be prepared for service on each defendant.

(6) Service of summons on defendant The clerk must ensure that the summons and copy of the statement of claim are served on each defendant named in the statement of claim as soon as possible after the filing of the statement of claim, and the time and place of service must be recorded by the clerk in writing on the summons.

(7) Publicity in land claims
Where the subject matter of a claim is land, the clerk shall ensure that notice of the statement of claim is given and posted to members of the public in the area where the land is situated.

(1) Admission of claim
If the defendant admitts the claim set out in the statement of claim the defendant must, at least 7 days before the date of hearing of the claim, file at the office of the Island Court where the statement of claim was filed, a statement of acceptance of the claim. This statement of acceptance must be in writing and signed by the defendant.
If there is more than one defendant who accepts the claim, each defendant must file a separate statement of acceptance.

(2) Service of the statement of acceptance of claim
A copy of each statement of acceptance of the claim must be served on the claimant not less than 5 days before the date of hearing of the claim.

(3) Statement of defence
If a defendant does not admit the claim set out in the statement of claim, the defendant must, at least 7 days before the date of the hearing of the claim, file in the office of the Island Court where the statement of claim was filed a statement of defence to the claim. The statement of defence must be in writing and signed by the defendant, and must set out the grounds or basis upon which the defendant bases his defence to the claim.
If there is more than one defendant who does not accept the claim, each defendant must file a separate statement of defence.

(4) Service of the statement of defence
A copy of each statement of defence must be served on the claimant not less than 5 days before the date of hearing of the claim.

(5) Statement of counter-claim
If a defendant has a claim against the claimant which the defendant wishes to have heard at the same time as the claim of the claimant the defendant must, not less than 7 days before the date ,time and place of hearing of the claim, file a statement of counter-claim in the office of the Island Court. The statement of counter-claim must be in writing, signed by the defendant, and set out the amount of the counter-claim and the grounds or basis of the counter-claim.
If there is more than one defendant who has a claim against the claimant, each defendant must file a separate statement of counter-claim.

(6) Service of the statement of counter-claim
A copy of each statement of counter-claim must be served on the claimant not less than 5 days before the date of hearing of the claim.

(7) Statement of set-off
If the defendant considers that the claimant owes the defendant a sum of money which should be deducted from the amount which is claimed by the claimant from the defendant, the defendant must, not less than 7 days before the date of the hearing, file a statement of set-off in the office of the Island Court. The statement of set-off must be in writing, signed by the defendant, and set out the amount of the set-off and the grounds or basis of the set-off claimed by the defendant.
If there is more than one defendant who has a set-off against the claimant, each defendant must file a separate statement of set-off.

(8) Service of the statement of set-off
A copy of each statement of set-off must be served on the claimant not less than 5 days before the date of hearing of the claim.

(9) Method of service
Service must normally be done by personal delivery to the person to be served, but where that is not possible, the court may permit some other form of service, eg delivery to a family member or public notice, to be adopted.

(1) Discontinuance of claim
The claimant may at any time, before or on the day of the hearing of the claim, apply to the court to discontinue the claim with the permission of the court.

(2) Discontinuance of counter-claim and set-off
A defendant may at any time, before or on the day of the hearing of the claim, apply to the court to discontinue a defence, counter-claim and set-off, with the permission of the court.

(3) Permission of the court
A court will grant permission for the discontinuance of a claim, defence, counter-claim or set-off, but may require the discontinuing party to pay any expenses incurred by the other party as a result of making such claim, defence, counter-claim or set-off.

(1) Non-attendance of claimant
If the claimant does not appear at the time for the hearing of the claim, the court shall, unless it considers that there is some good reason for the claimant’s non-attendance:

(b) make an order for the claimant to pay the expenses of attendance of the defendant and witnesses for the defendant or the claimant,

(2) Non-attendance of defendant
If a defendant does not appear at the time for the hearing of the claim, the court shall, provided it is satisfied that the statement of claim has been served on the defendant and that there is no good reason for the defendant’s non-attendance:
(a) strike out the statement of defence,
(b) make an order for the defendant to pay the expenses of attendance of the claimant and witnesses of the claimant and defendant,
(c) strike out any counter-claim or set-off filed by the defendant.
(d) determine in the absence of the defendant the claim of the claimant.

(3) Non-appearance of both parties
If both the claimant and the defendant do not appear at the time for the hearing of the claim, the court shall, unless it considers that there is some good reason for their non-attendance, strike out the statement of claim and statement of defence, and also any statement of counter-claim or set-off filed by the defendant.

(4) Non-service of defendant or good reason for non-attendance of party
If the court is satisfied that a defendant has not been served with the summons and statement of claim, or that there is some good reason for the non-appearance of the claimant or defendant, the court shall adjourn the hearing of the claim and set a new date and time of hearing.

(5) Setting aside of orders made on non-appearance of claimant or defendant
The court may set aside any order made by it because of the non-appearance of a party, upon payment of expenses by the non-appearing party caused by the non-appearance to the other party, to witnesses.

(1) On the application of a party, the clerk may issue a summons to order a person to attend a hearing of the court on a date, time and place specified in the summons as a witness.

(2) The summons may require the witness to bring with him or her any article or document that is relevant to the hearing.

(1) Entry of justices
When the justices are ready to enter the court room, the clerk shall call for all persons present in the court room to stand up and remain standing until the justices are seated.

(2) Name of case to be read
The chairperson of the court shall request the clerk to read aloud the names of the parties in each case in the order in which it appears in the list of cases for hearing for that day.

If, at any stage of the proceedings, a justice realises that he or she is related to any of the parties or has any interest in the subject matter of the claim, that justice must inform the other justices who must then inform the parties and ask the parties whether they wish the justice to withdraw from the hearing. If one or more of the parties objects to the justice hearing the case, that justice must withdraw, and the hearing adjurned to a new date and time.

If the parties have no objection to the justice hearing the case, the case may proceed.

If a party considers that a justice is related to any of the parties or has an interest in the subject matter of the claim, that party may object to the court about the participation of that justice. If the other justices consider that the objection is well founded, the clerk shall adjourn the hearing to be heard by a different panel of justices.

If the justices consider that the objection is not well founded, the court shall continue with the hearing.

(c) Recording of declaration or objection relating to the interest of a justice The clerk must record any declaration of interest made by a justice, or objection made by a party to the interest of a justice, and the result of that declaration or objection.

(4) Defendant to be asked whether the claim is admitted
The clerk shall read the statement of claim and ask the defendant whether the defendant understands the statement of claim, and whether the defendant admits the truth of the statement of claim or denies the truth of the statement of claim.
The clerk shall record in writing the answer of the defendant.

(5) When the defendant admits the claim
If the defendant admits the statement of claim, the chairperson shall request the claimant to give a short summary of facts to the court. And the court enter judgment for the claimant.

(6) When the defendant does not answer, or denies the claim or summary of facts
If the defendant does not answer or denies the truth of the statement of claim or the summary of facts made by the claimant:

The chairperson shall request the clerk to ensure that all witnesses relating to that case, other than the parties, leave the courtroom and wait outside until called to give evidence.

The chairperson shall then ask the claimant to provide evidence in support of the claim. After the claimant has given evidence he or she may be questioned by the defendant and the justices.

The claimant may then call witnesses in support of the evidence of the claimant, and each witness may be questioned by the defendant and the justices.

After the witnesses for the claimant have completed giving evidence, the defendant may give evidence against the claim, and then may be questioned by the claimant and the justices.

The defendant may call witnesses to give evidence in opposition to the claim, and each witness, after giving evidence, may be questioned by the claimant and by the justices.

The chairperson shall then invite the claimant and the defendant, if they wish, to make a short statement to the court to summarise the main points that he or she wishes to emphasise to the court in relation to the claimant’s claim.

If a defendant has filed a statement of counter-claim or set-off, the court shall, after hearing the evidence of the defendant in opposition to the claim, proceed to hear the defendant and witnesses for the defendant in support of that counterclaim or set-off, and after the defendant and each witness has given evidence he or she may be questioned by the claimant and by the justices.

The claimant and witnesses for the claimant may then give evidence in opposition to the counter-claim or set-off, and after the claimant and each witness has given evidence he or she may be questioned by the defendant and by the justices.

The court shall then allow the defendant and the claimant an opportunity, if they wish, to make a short statement to the court to summarize the main points that he or she wishes to emphasise to the court in relation to the defendant’s counter-claim or set-off.

(7) Language of hearing
The language of the hearing shall be Bislama, and if a party or a witness does not understand Bislama, a suitably qualified person must be obtained by the court to interpret for that party or witness.

(8) Certain questions not allowed
The chairperson must ensure that the following kinds of questions are not asked by the parties or the justices:

(9) Assistance for party
A claimant or defendant may, with the permission of the court, be assisted by any person except a lawyer.

(10) Land to be visited
If a claim is in respect of ownership or boundary of customary land, the court must visit the land and inspect the boundaries before making judgment.

(11) Respect and order during hearing
The chairperson of the court is responsible for maintaining respect and order in the courtroom, and, if that is not possible, the court should be adjourned to another time or place.

(1) Discussions between justices before giving judgment
After the hearing of the evidence and statements of the parties is completed, the justices must discuss what should be the judgment of the court.
Such discussions may take place at the court table, but if the case is difficult, the chairperson should adjourn the court so that the discussions can be held in private in another place.
The clerk must not take part in these discussions, or be present with the justices when those discussions are taking place.

(2) Judgment may be given orally but must be in writing for difficult or land cases
The judgment of a court may be given orally or in writing, but if the claim is a difficult one or relates to ownership or boundary of customary land, the judgment must be given in writing.

(3) Judgment must be based upon evidence
The judgment of a court must always be based upon the evidence that has been given to the court, but should not be based upon information that has come to the knowledge of the justices from outside the courtroom.

(4) Judgment must be given in favour of party whose evidence is more convincing
The judgment of the court should be given in favour of the party whose evidence is, in the opinion of the justices, more convincing.

(5) Judgment on claim and also counter-claim or set-off, if any
In giving judgment the court should first give judgment upon the claim of the claimant, and then give judgment on any counter-claim or set-off of the defendant.

(6) Supplementary orders
After giving judgment, the court may make orders as to:
(a) the time when the judgment is to be complied with;
(b) interest that is to be paid on money that is owing;
(c) fees and expenses that are to be paid by the parties;

(d) any other matter that is reasonable or necessary to enable the judgment to take effect.

(7) Judgment and orders must be announced by chairperson of court but in accordance with opinion of the justices
The judgment of the court, and any supplementary orders, shall be announced by the chairperson of the court, but the announcement must be in accordance with the opinion of all the justices, or the majority of the justices.

After the chairperson has announced the judgment of the Court, the chairperson must also notify the parties that they have a right to appeal from that judgment to the Supreme Court in cases relating to ownership or boundary of customary land, and to a Magistrate’s Court in all other cases, within 30 days from the date of the judgment.

A party in whose favour judgment or a supplementary order has been made by an Island Court may apply oraly or in writing to the Supervising Magistrate for enforcement of the order or judgment if it remains unsatisfied.

The forms in Schedule 1, or forms to the like effect, may be used in all a claims to which they are applicable, with such variations as the circumstances may require.

In the ......................................Island Court
Civil Case ............of 20.....

To...........................................................of....................., Defendant.

You are required to attend this Court at..................on..day, the....day Of...........20...
At ......0’clock in the morning/afternoon, when the claim brought against you by the above-named claimantf set out in the attached statement of claim will be heard.

If you fail to attend as required, the court may proceed in your absence and give judgment against you after hearing the claimant.

Summons was served by me on the defendant at..............................on ........ day the......day of ......................20...

Signed ...................................(Name)
.............................(Occupation)

In the ......................................Island Court
Civil Case ............of 20.....

To...........................................................of.....................

You are required to attend in person before this court at................................

on.....day, the....day of.........................20.... at ...0’clock in the morning/afternoon,

and from then on until this case is completed, to give evidence as to all you know in this case.

And also to bring with you and produce to the court at the same time and place the following

document or article, namely.............................................................................................................................................................................................................
...........................................................................................................

You are summoned at the request of .............................................................

Dated at ................. this......day of ......20........
Signed...............................Court Clerk

Summons was served by me on the defendant at..............................on
........day the......day of ......................20...

Signed ...................................(Name)
...........................(Occupation)

In the ......................................Island Court

Civil Case ............of 20.....

I, ...............................of........................................., ............................

claim from the defendant .......................................................................................................................................
[State clearly and precisely what the claim is, and the grounds of, or reasons for , why the claim is made. If what is claimed is land draw a sketch map of the land, showing boundaries] .....................................................................................................................................................................................................................................................................................................................................................................................................................

Filed at ........................................ Island Court this ..............day of............................20.....

In the ......................................Island Court

Civil Case ............of 20.....

The claim of the claimant is dismissed and the claimant is ordered to pay to the defendant VT ....as costs and expenses.
OR
The defendant is ordered to pay the claimant the sum of Vt........ plus the sum of VT........... as costs and expenses.
OR
The defendant is ordered to return immedistely to the palaintiff the following goods.....................................................
OR
The defendant is ordered to pay to the claimant the sum of VT.......plus VT ....as costs and expenses on the claimant’s claim, and the claimant is ordered to pay to the defendant the sum of VT.........plus the sum of VT....as costs and expenses on the defendant’s counter-claim.
OR
The defendant is ordered to pay to the claimant the sum of VT......plus VT....as costs and expenses on the claimant’s claim, less the amount of VT ......which is owing by the claimant to the defendant and is deducted as set-off.
OR
The claimants are adjudged to be the true custom owners of the land known as ...., and having boundaries as follows........... The defendant is ordered to move off the said land immediately and not return.

NB. The above are examples only, and the record of the judgment in each case must be in accordance with the terms of the judgment announced by the chairperson.

2. Filing of statement of claim of ownership or boundary of
customary land 30,000

6. Copy of judgment of Island Court 1,000
7. Interpreter’s fee (per day) 1,000

Interpretation
Rule 1 – Starting a criminal prosecution
Rule 2 – Avoidance of service by accused
Rule 3 – Summons to witness
Rule 4 – Non-attendance of parties
Rule 5 – Promotion of reconciliation
Rule 6 – Trial
Rule 7 – Decision of Court
Rule 8 – Forms

“complainant” means a person who makes a report to a police officer that another person has committed an offence;

“criminal prosecution” means proceedings that are brought in a court against a person who is alleged to have committed a criminal offence;

“offence” means some conduct of a person that is stated to be a criminal offence by the laws of Vanuatu;

(1) Filing a charge
A police officer who receives a complaint or becomes aware that a person appears to have committed a criminal offence shall make a full investigation, and if it appears that a criminal offence has been committed the police officer shall complete a charge sheet and file it at an office of an Island Court.

(2) Contents of charge
The charge sheet must contain the following information: the name of the accused and his or her address, the offence with which the accused is charged, and the date and place of the alleged offence.

(3) Place of filing of charge
The charge must be filed in the office of the Island Court within whose jurisdiction the criminal offence which is charged was committed wholly or partly.

(4) Withdrawal of charge
If a prosecution or a complainant, as the case may be, at any time before a final order is passed, satisfies the court that there are sufficient grounds for permitting him to withdraw the charge, the court may permit him to withdraw the same.

(5) Summons to Accused
If the accused is not in custody, a police officer shall prepare a summons addressed to the accused in which the clerk shall enter the details of the charge and the date of hearing of the charge and which the clerk shall sign.

(6) Service of summons
Every summons against an accused shall be served by handing a copy of it to the accused personally, or leaving it with an adult member of the family of the accused or with the employer of the accused.

(7) Time of service
A summons must be served not less than 7 days before the date of hearing.

(8) Person to make service
A summons for a criminal offence shall be served by a police officer, but may be served by an officer of the court.

(9) Proof of service
The person who served the summons must make and sign a note in writing of the person to whom the summons was handed, and the time and place of service, and this must be filed by the clerk with the charge.

(10) Accused in custody
If a person has been arrested without a warrant and detained in custody that person must be brought before a court as soon as possible or released if he or she has promised to attend the hearing.

(1) Warrant of arrest to compel attendance
If a charge has been filed and a summons issued, and the court has reason to believe that the accused is avoiding service or is unlikely to obey the summons, the court may make an order that a warrant for the arrest of the accused be issued.

(2) Application for warrant
Application for such a warrant may be made to the court by a police officer orally or in writing.

(3) Signing and execution of warrant
The warrant of arrest shall be signed by the clerk and executed by a police officer who must return the warrant to the clerk to be filed.

(4) Record of execution of warrant
Details of the execution of the warrant of arrest shall be entered by the clerk in the file and signed by the police officer who executed the warrant.

(5) Release of accused on bail
The court may order the release of an accused who has been arrested on condition that the accused pays such sum of money as the court considers reasonable as security to ensure that the accused will attend the hearing of the charge, and also subject to such other conditions as the court considers appropriate.

If the accused attends the hearing, the sum paid by the accused as security shall be refunded to the accused at the end of the hearing, but if the accused does not attend the bail money shall be forfeited by the court.

(1) Issue of summons If the prosecutor or accused so request, the court may issue a summons to such person requiring that person to attend the hearing, and bring such documents or things as may be specified.
(2) Warrant of arrest If without good reason, the person against whom a witness summons is issued does not attend at the specified time and place, the court may order the issuance of a warrant of arrest against the defaulting witness.
(3) Security When a witness is arrested and it is not possible to take the evidence of that witness at that time, the court shall order the release of the witness from custody on condition that the witness pays such sum of money as the court considers reasonable as security to ensure that the witness will attend the hearing of the charge, and also subject to such other conditions as the court considers appropriate.

(1) Prosecutor
If the prosecutor, having been informed of the time and place of the hearing, fails to appear, the court shall dismiss the charge unless it considers that there is some good reason for the non-attendance of the prosecutor.

If the court considers there is good reason for the non-attendance of the prosecutor, it shall adjourn the hearing until another date, and, if the accused is in custody, remand the accused in custody or release him or her, subject to such conditions as the court considers appropriate.

(2) Accused
If the accused, having been served with a summons, fails to attend at the hearing, the court may make an order that a warrant for the arrest of the accused be issued.

(3) Application for warrant
Application for such a warrant may be made to the court by a police officer orally or in writing.

(4) Signing and execution of warrant
The warrant of arrest shall be signed by the clerk and executed by a police officer who must return the warrant to the clerk to be filed.

(5) Record of execution of warrant Details of the execution of the warrant of arrest shall be entered by the clerk in the file and signed by the police officer who executed the warrant.

The court may encourage reconciliation and promote amicable settlement, according to custom or otherwise, of any prosecution of a charge of a personal or private nature punishable by imprisonment of two years or less, or by a fine only, and if satisfied that the settlement is adequate and fair, may order the prosecution to be stayed or terminated.

(1) Adjournment of hearing
When an accused appears before a court, charged with a criminal offence the court may direct that the trial take place immediately or be adjourned for some good reason to a date, time and place as directed by court.
If the trial is adjourned the accused may be remanded in custody for a period not exceeding 7 days or released subject to the payment of bail or such other conditions, as the court considers appropriate.

(2) Language
The language of the court shall be Bislama and the accused shall be asked by the clerk if he or she understands Bislama.
If the accused does not understand Bislama the court will appoint a suitably qualified person as an interpreter for the accused, and may adjourn the trial to enable that to be done.

(3) Assistance to accused
An accused may, with the permission of the court, be permitted to be assisted by another person except a lawyer.

(4) Defendant to be asked to plead to charge
The charge shall be read out aloud by the clerk to the accused, and the accused shall be asked whether he or she admits that the charge is true or denies that the charge is true.
The clerk shall record in writing the answer of the accused.

(5) If the defendant admits the charge
If the defendant admits the charge, the prosecutor shall give a summary of the facts to court, and the accused shall be asked whether or not he or she agrees with that summary.
If the accused agrees with the summary, the court shall convict the accused, and then shall allow the accused to address it with regard to the penalty that should be imposed before announcing the sentence imposed by the court upon the accused.

(5) If the accused refuses to plead, or denies the charge or disagrees with he summary of facts
If the accused refuses to plead, or denies the charge, or disagrees with the summary of facts, the chairperson shall direct that a plea of not guilty be entered.

(6) Plea of not guilty
If a plea of not guilty is entered by or for the accused:

(a) Exclusion of witnesses The chairperson shall require the clerk to ensure that all witnesses relating to the case, except the parties, must leave the court room and wait outside until called to give evidence.

The chairperson shall ask the clerk to read the following statement to the accused:

“In this trial you will be presumed innocent until the prosecution have proved beyond reasonable doubt that you are guilty. You do not have to prove your innocence. If at the end of the trial there is a reasonable doubt as to whether you are guilty you will be acquitted.”

The chairperson shall ask the prosecutor to provide evidence in support of the charge. The prosecutor will then ask the complainant and the witnesses for the prosecution to give evidence, and when each has given evidence he or she may be questioned by the accused, and the justices.

If at the end of the evidence for the prosecution, the court considers that the evidence does not establish a sufficient case against the accused, the court shall dismiss the charge and acquit the accused.

If the court considers that the evidence of the prosecutor does establish a sufficient case against the accused, the chairperson shall explain to the accused that the evidence of the prosecution does raise a sufficient case against him or her, and that he or she is entitled to give and to produce evidence against the prosecution but is not obliged to do so, and may remain silent, and that this will not in itself be regarded as an admission or evidence of guilt. The accused should also be told that if he or she, or witnesses on behalf of the accused, do give evidence, each will be subject to questioning by the prosecution and by the justices.

If the accused chooses to provide evidence, he or she will give evidence first and then such other witnesses as the accused wishes to call. After each has given evidence he or she may be questioned by the prosecutor and the justices.

When the witnesses for the accused have completed giving evidence, the chairperson shall invite the prosecutor and the accused to make a short statement, if they wish, summarising the main points which they wish to emphasise to the court.

The chairperson must ensure that the following kinds of questions are not asked by the parties or the justices, or if asked, are disallowed:

The chairperson is responsible for ensuring that order and respect are maintained throughout the hearing, and if that is not possible, the chairperson shall adjourn the hearing to a different time or place.

(1) Discussions between justices before giving decision
After the evidence and closing statements of the parties is concluded, the justices must discuss what should be the decision of the court.
Such discussions may take place at the court table, but if the case is difficult, the court should adjourn so that the discussions can be held in private in another place.
The clerk must not take part in these discussions, or be present with the justices while those discussions are taking place.

(2) Decision may be given orally but must be in writing if a difficult case
The decision of the court may be given orally or in writing but if the case is a difficult one it must be given in writing.

(3) Decision must be based on evidence
The decision of a court must be based upon the evidence that is produced to the court, and should not be based on information that has come to the knowledge of the justices from other sources.

(4) Decision must be in favour of accused if reasonable doubt that not guilty of charge If, having regard to all the evidence, there is a reasonable doubt that the accused is not guilty of the offence charged, the decision should be in favour of the accused, and the charge must be dismissed and the accused must be acquitted of the charge.

(5) Decision must be in favour of prosecution if no reasonable doubt that the accused is guilty of charge
If, having regard to all the evidence, there is no reasonable doubt that the accused is guilty of the offence charged, the decision should be in favour of the prosecution and the accused should be convicted.

(6) Sentence
If the court convicts the accused, it must invite the prosecution and the accused to address it as to the appropriate penalty.

In assessing an appropriate penalty, the court must take into account any compensation that has been made or promised to be made, under custom, and may adjourn the sentence to enable such compensation to be made.

(7) Compensation
In addition to any penalty, the court may also order the accused to make payment of compensation to the complainant for any injury or damage caused by the offence of which the accused was convicted.

The forms set out in the Schedule shall be used with such adaptations as are appropriate for the circumstances.

....................................Island Court

To: ................................................... (name) of ..................................... (place)

You are hereby commanded to appear before the above Island Court at .......
............................................................................................................... (place)

on ............................................(date) at ...................... (time) to give evidence.

Statement of offence ...........................................................................

Contrary to .....................................................................................(law/by-law)

Particulars of offence ........................................................................... ............................................................................................................................
............................................................................................................................

Signed ................................................................................
Court Clerk

Date ..................................................................................

Note: Any person summoned to attend court who fails to do so shall be liable to a fine not exceeding VT24,000 or imprisonment not exceeding 6 months or to both.
_____________________________________________________________________

Summons served by me on person named and contents explained:

at: ............................................... (place) on ........................................... (date)

Signed ................................................................................
Police Officer

............................................................ Island Court

To: All police officers in the Republic of Vanuatu and to the officer-in-charge of the prison at .....................................................................................

Whereas ................................................... of .................................................... stands charged with the offence of ........................................................ ............................................................................................................................

You are hereby commanded to convey the said ........................................ .............................................................................................. to the prison at .............................................................. and deliver him to the officer-in-charge thereof who is hereby directed to keep him safely until ................................... and then have him brought before this court at ......................... o'clock in the morning/afternoon for trial/ sentence.

Dated this ............................ day of ............................................ 20............

................................................... (Justice)

................................................... (Justice)

................................................... (Justice)

................................................... (Court Clerk)

Further remands:

Name of accused: ..............................................................................

Address: .............................................................................................................

Occupation: ........................................................................................................

Age:.................:...................................................................................................

Father's name: ...................................................................................
Mother's name: ..................................................................................

Statement of offence:...........................................................................

Contrary to ........................................................................................ ............................................................................................................................

........................................................................................................ (law/by-law)

Particulars of offence ........................................................................... ............................................................................................................................

Signed ................................................................................

_____________________________________________________________________

Date charge preferred to Clerk of ...................................................Island Court

The ......................... day of .......................................................... 20.......

Signed ................................................................................
Court Clerk

............................................................ Island Court

To: All police officers in the Republic of Vanuatu and to the officer-in-charge of the prison at ......................................................................................
Whereas ......................................... (name) of .................................................. (place) was convicted before this court on ............................................. 20...... of the following offence(s):

Statement of offence(s)-

Particlars of offence(s)-

and it was adjudged that the said ..................................................... (name) should pay a fine of VT.......................... or in default of payment be imprisoned for............................................(period)* and whereas he has made default.

You are therefore commanded to take the said ........................................ .......................................... and convey him to prison and deliver him to the officer-in-charge who is hereby directed to imprison him for the period aforesaid unless he shall first pay the fine of VT.........................

Dated the............................ day of ..............................................20.......

.........................................(Justice)

......................................... (Justice)

......................................... (Justice)

......................................... (Court Clerk)

*In the case of a sentence of more than 14 days this Warrant must be counter-signed by the supervising magistrate.

Insert name and address of the supervisor to whom the accused is to report.

*Delete whichever is inapplicable.

Insert duration of order

Insert any conditions which the court may impose

To.......................................... of .........................................

Whereas .................................. of ................................... was convicted before this court on ..................................
20.......... of the following offence-

Statement of offence:

Particulars of offence:

And it was adjudged that the said ....................................
* should pay a fine of VT......................... out of which a sum of VT.......................... should be paid to ........................... as compensation and in default of payment of the fine the said ............. should be sentenced to a term of imprisonment not exceeding 2 months;

And whereas as an alternative to the said ......................... ....
.......................................... undergoing such term of imprisonment the Court has determined in its discretion that he/she should perform specified work or work of a specified kind for community purposes for a period of 8 hours a day from Monday to Saturday in each week commencing from ...................................................... 20............... and terminating on ................................................... 20.............. ;

It is hereby ordered that you will supervise the said
.................................................. in the performance of such community work as you may direct him/her to do subject to the following
conditions:

............................................................ Island Court

To: All Police Officers within the Republic of Vanuatu.

Whereas .................................................... of ....................................... is

charged with the following offence(s):..............................................................

Statement of offence:

Particulars of offence:

You are hereby commanded to arrest and detain the said ........................... ........................... and to produce him before this Court forthwith in execution of this Warrant.

Dated the .............................. day of ................................... 20........

.......................................
Court Clerk
............................................................................................................

(To be completed by Police Officer to whom Warrant is handed).
Warrant executed by me and the above-named accused produced before the.............................Island Court this .................. day of ..................... 20......

ISLAND COURTS (CRIMINAL PROCEDURE) RULES 2005
FORM OF RECORD IN CRIMINAL PROCEEDINGS

Form Crim. 7
In the .................................................. Island Court sitting at ..................... on the ................................... 20...............

Before.........................................., Justice

........................................, Justice
........................................, Justice
........................................, Court Clerk

Case No. ................/...............-accused. ...........................of .......................

-accused ............................ of ..............................
-accused ............................ of .......................................
Prosecutor ........................................................................................

Plea .................................................................................................

(If the accused initially pleads guilty, the following procedure applies.)

Facts as stated by the prosecutor .......................................................... ............................................................................................................................

Accused's answer (if any) to the facts .....................................................

...........................................................................................................................

Conviction recorded ............................................................................
.......................................................................................................

Antecedents ...................................................................................... ............................................................................................................................

Sentence ................ ......................................................................... ...........................................................................................................................

..........................................................................................................................

Compensation to aggrieved person (if applicable) .....................................
...........................................................................................................................

Accused to be informed of his right of appeal ...........................................
...........................................................................................................................

( If the accused pleads not guilty, the following procedure applies when the trial commences on the date fixed for hearing of the case.)

(If the Court finds that there is a case to answer, the accused is put to his defence.)

(The Court will either give judgment at the conclusion of all the evidence or else reserve its decision. The clerk should write down any reasons given by the Court in reaching its decision. If the accused is found guilty the Court will then proceed to pass sentence.)
Antecedents: .....................................................................................

(Follow the procedure in Part 1 for the remainder of the trial.)

............................................................ Island Court

I, the undersigned, acknowledge myself to owe to the Clerk for the time being of the above-named Island Court the sum written opposite my signature hereto, to be raised by seizure and sale of my goods if the condition hereon endorsed is not fulfilled.

Dated this .............................. day of ................................... 20..............

_____________________________________________________________________

The condition of this recognizance is that if the within-named shall personally appear before the above-named Island Court on ......................... day of ................................... 20............... at ......................... o'clock in the morning/afternoon to answer a charge contrary to ........................................ and shall continue to attend from day to day and at each adjournment of the said court and not to depart therefrom without leave, then this recognizance shall be void and otherwise it shall be in force.

............................................................ Island Court

We, the undersigned, acknowledge ourselves to owe to the Clerk for the time being of the above-named Island Court the sums written opposite our respective signatures hereto, to be raised by seizure and sale of our several goods if the condition hereon endorsed is not fulfilled.

Dated this.............day of......................20..........

_____________________________________________________________________

The condition of this recognizance is that if the within-named shall personally appear before the above-named Island Court on ......................... day of ................................... 20...............at ......................... o'clock in the morning/afternoon to answer a charge contrary to ........................................ and shall continue to attend from day to day and at each adjournment of the said Court and not to depart therefrom without leave then this recognizance shall be void and otherwise it shall be in force.

................................................ Island Court

To: All police officers in the Republic of Vanuatu and to the officer-in-charge of the prison at .........................................................................

Whereas ......................................... (name) of ...................................... (place)

was on ...................................................................... 20............... (date) convicted before the ...................................................................... Island Court of the following offence(s):

Statement of the offence(s):

Particulars of the offence(s):

and it was adjudged that the said ........................................................................... (name) for his offence(s) should be, imprisoned at ............................................................... (prison)and thereto be kept for ................................................................... (period)* from this day.

You are therefore ordered to take the said.................................... (name) and convey him to the said prison and deliver him to the officer-in-charge thereof who is hereby directed to imprison him for the aforesaid.

Dated the...................day of.............................................20......

................................................ (Justice) ............................................. (Justice)

.................................................. (Justice) ......................................(Court Clerk)

* In the case of a sentence exceeding 14 days this warrant must be countersigned by the Supervising Magistrate.

Dated the.................day of.........................................20.......

........................................................ Island Court

I ............................................................. of ............................................... being charged with the offence of ........................................................... ..................... and being required to appear before the ............................ Island Court at ........................................... on .................................................. 20............... do HEREBY BIND MYSELF to comply with the conditions of release (if any) and to attend the said court on the date stated and to continue so to attend until the trial of my case shall be concluded.

I acknowledge that should I fail to do so I will be liable to be arrested and brought before the said court.

CONDITIONS OF RELEASE:

Dated at .............................. this ............. day of ...............................20.....

Witness: ................................................... Signature: .................................

....................................Island Court

I ............................................................. of ........................................................ acknowledge to have received the sum of VT............................................ being the whole or part of the fine imposed against ................................... ....................................... in Criminal Case No. ........................... in which I am the complainant and I accept the same in full settlement of any claim I might have for damages for the loss or injury sustained by me by reason of the act or omission on the part of the said ...............................................

Dated at .............................. this ........... day of .............................. 20......

Witness: ......................................... Signature: ..................................................

Name of accused	Whereas ........................of............... (hereinafter referred to as "the probationer") has this day been convicted of
Particulars of offence	And whereas the Court is of the opinion having regard to the circumstances, including the nature of the offence(s) and the character of the probationer, that it is expedient to make a probation order; And whereas the court has explained to the probationer the effect of this order and that if the probationer fails to comply with any general or special conditions set out below the court shall order the termination of such probation and shall sentence the probationer afresh.
Term of order to be from 1 to 3 years Add any special conditions which may be imposed	Now therefore it is ordered that the probationer will reside at and will for a period of.........years from the date of this order be under the supervision of (hereinafter referred to as "the Supervising Officer") And it is further ordered that the probationer shall during the said period comply with the following conditions- 1. to appear when called upon by the supervising officer; 2. to receive visits from the supervising officer and furnish all information and documents necessary for verifying his means of support; 3. too advise the supervising officer in advance of any change of employment or residence and the reasons thereof; 4. to inform the supervising officer of any intended absence of over 15 days and of his return; 5. to obtain the prior permission of the supervising officer before any departure abroad.

Dated this ............................. day of .......................... 20 .............

Interpretation
Rule 1 – Court registers and records
Rule 2 – Filing of court documents
Rule 3 – Dates for hearing
Rule 4 – Preparation of documents
Rule 5 – Service of documents
Rule 6 – Nomination of justices
Rule 7 – Preparation for sitting of Court
Rule 8 – Hearing
Rule 9 – Recording of Decision of Court
Rule 10 – Revision of decisions of Island Court
Rule 11– Forms
Rule 12 – Fees to be charged and receipts
Rule 13 – Documents to be displayed in court office

“custom area” means part or whole of an island where the customs are substantially similar;

“party” means claimant and defendant in civil cases and prosecutor, complainant and accused in criminal cases.

The clerk of each Island Court shall keep such registers and records of civil and criminal cases as the Chief Justice shall direct, and shall record every step in such cases in such manner as the Chief Justice shall direct.

(1) The clerk shall check all documents relating to both civil and criminal cases which are presented for filing to make sure that they relate to cases which that Island Court has jurisdiction to determine, and that they are in accordance with the rules of civil procedure and of criminal procedure made by the Chief Justice.

(2) If the clerk is satisfied that a document presented for filing is in order, the clerk shall accept it and file it in an orderly and secure manner as prescribed by the Chief Justice.

(1) When documents are filed to commence a civil case or a criminal case, the clerk shall allocate a date for the hearing of that case, and shall enter that date in the summons to be served on the defendant and witnesses.

(2) If a court adjourns a hearing from the date originally allocated to it by the clerk, the clerk shall alter the date of hearing and inform the parties and witnesses accordingly.

(1) The clerk shall prepare summonses for service on defendants and witnesses in civil cases, and sign summonses for defendants and witnesses in criminal cases, and such other documents as the Chief Justice shall prescribe.

(2) The clerk may give advice to parties as to the preparation of appropriate documents, but should not prepare those documents.

(1) The clerk shall be responsible for ensuring that documents that are to be served are served by appropriate persons within the time specified by the civil procedure and criminal procedure rules.

(2) Documents in criminal cases are served by police, but documents in civil cases are served by the clerk.

(3) The clerk shall ensure that a written record is made of the time and place of service of all documents relating to a case that are served on parties or witnesses, and that this is recorded in the file of that case.

(1) Before each day for hearing, the clerk shall prepare a list of the cases for hearing on that day, and shall post a copy of that list at the office of the court.

(2) The clerk shall, after discussion with the supervising magistrate, determine which of the available justices should be nominated to attend the hearing, to ensure that the justices contain a balance of gender and political and religious affiliations, and are independent of the parties and have no interest in the cases to be heard.

If the case relates to ownership, or boundary of customary land, all the justices must be knowledgeable about the customs of the custom area in which the land is situated.

(3) The clerk shall, after consultation with the supervising magistrate, select which of the justices to be nominated should be nominated as the chairperson to ensure that the hearing is conducted in an orderly, fair and respectful manner.

(4) The clerk should then inform the justices who have been nominated of the time and place of the hearing.

(1) Before each sitting of the Court, the clerk shall prepare a list of the cases to be heard at that sitting, and shall give a copy of that list to the justices of the Court and attach a copy of that list outside the courtroom for members of the public to see.

(2) Before each sitting, the clerk shall ensure that the courtroom is in order for the hearing and that some paper and pens are available for the justices to make notes of evidence.

(1) When the justices are ready to enter the courtroom, the clerk shall call for all persons present in the courtroom to stand up and remain standing until the justices are seated.

(2) When the justices are seated the chairperson of the court shall request the clerk to read aloud the names of the parties in each case in the list for that day, in the order in which the case appears in that list.

(3) The language of the Court shall be Bislama, and the clerk must always ask the parties in each case whether they understand Bislama before the hearing of the case begins. If a party does not understand Bislama, the clerk shall inform the chairperson who shall adjourn the case until a suitably qualified person can be found to act as interpreter for that party.

(4) The hearing of each case shall commence by the clerk reading out aloud:
(a) the statement of claim in civil cases; or

(5) The clerk shall then ask the defendant whether the defendant understands the statement of claim or charge, as the case may be, and whether the defendant admits that the statement of claim or the charge is true or denies that the statement of claim or charge is true.
The clerk shall record in writing the answer of the defendant.

(6) If the defendant admits the statement of claim or the charge, the chairperson shall request the claimant or prosecutor to give a short statement of facts to the court.

(7) If the defendant does not answer the clerk, or denies that the statement of claim or the charge is true, or denies that the summary of facts given by the claimant or the prosecutor is true, the chairperson shall request the clerk to ensure that all witnesses in the case leave the court room, but remain available for calling when appropriate, and that the hearing then proceeds as provided by the rules of civil procedure or the rules of criminal procedure.

(8) The clerk shall require each party and witness, before giving evidence, to swear an oath or make a solemn declaration to tell the truth before that witness gives evidence.
The oath or declaration shall be as follows:

“I swear by Almighty God (or, I solemnly sincerely and truly declare) that I will tell to this Court the truth, the full truth and all the truth regarding this case.”

(9) The clerk shall require each person who agrees to act as interpreter for a party, to swear an oath or make a solemn declaration to make a truthful and accurate translation to the best of that person’s ability.
The oath or declaration shall be as follows:

“I swear to accurately and truthfully translate the words of the parties and witnesses in this case from the Bislama language into the language of the party or witness who does not understand that language and to translate into the Bislama language the words of the party or witness who does not speak that language.”

(10) The clerk shall not–
(a) question the parties or witnesses;
(b) participate in the discussions of the justices or in the making of the judgment of the court
(c) be present with the justices when they are discussing what should be the decision of the court.

(11) At the conclusion of each case the clerk shall call out the names of the parties in the next case on the list for that day, and when all the cases are concluded, shall announce to the court that all the cases to be heard that day are completed.

(12) The clerk shall be present throughout the hearing of each case, and shall assist the chairperson to maintain dignity and order in the courtroom throughout the hearing.

The clerk must record in writing–
(a) the answer of the defendant to the charge or the statement of claim;

(b) a declaration of interest by a justice or an objection of a party to a justice on the grounds of interest, and the outcome of that declaration or objection;

(d) the terms of each decision of the court in both civil and criminal cases in such manner as the Chief Justice shall prescribe;

(e) such other matters as the chairperson may require;
This record must be signed by the chairperson of the Court.

The clerk shall make arrangements with the supervising magistrate to enable that magistrate to revise the decisions of the Island Court at regular intervals not exceeding 3 months.

The forms set out in Schedule 1 to the rules of civil procedure and the Schedule to the rules of criminal procedure, or forms to like effect, shall be used in all cases to which they are applicable, with such variations as circumstances may require.

(1) The fees set out in Schedule 2 to the rules of civil procedure shall be paid by the party indicated in the appendix.

(2) A receipt will be issued by the clerk in respect of all fees paid by a party.

The clerk shall ensure that the following documents are displayed in the court office for members of the public to see:

(a) warrant of jurisdiction of that Court;
(b) table of fees payable in respect of documents filed in that court;
(c) list of cases for hearing at next hearing day;

(d) notice as to right of appeal from decisions of that Court within 30 days to a Magistrate’s Court or, in a case relating to ownership or boundary of land, to the Supreme Court.

Interpretation
Rule 1 – Identification of suitable persons for appointment as justices
Rule 2 – Appointment of justices
Rule 3 – Training of justices
Rule 4 – Training of clerks
Rule 5 – Nomination of justices for hearings
Rule 6 – Revision of decisions of Island Courts
Rule 7 – Review of operations of Island Court
Rule 8 – Annual Reports

“custom area” means part or whole of an island where the customs are substantially similar;

“supervising magistrate” means a magistrate appointed by the Chief Justice as the supervising magistrate of an Island Court.

(1) The supervising magistrate of each Island Court must continuously attempt to identify, by personal observation, appropriate inquiries and public notice, suitable persons, both male and female, for consideration for appointment as justices of that Island Court.

(2) In considering whether a person is suitable for consideration for appointment, the supervising magistrate should have regard to the following features of the person concerned:

(3) The supervising magistrate should endeavour to ensure that there is in each custom area a sufficient number of justices with adequate education, experience and knowledge of custom and a balance of gender and religious and political affiliations to provide independent and impartial judicial services for each custom area within the jurisdiction of the Court.

(4) In June of each year the supervising magistrate must forward a report to the Chief Justice, copied to the chief registrar as to the persons whom the magistrate considers would be suitable for appointment as justices of the Island Court, and also a report as to such persons whose appointment as a justice should be terminated.

(1) When a supervising magistrate of an Island Court has informed the chief registrar of the names of persons who could be considered as suitable for appointment as a justice, the chief registrar shall cause a police report to be obtained with regard to such persons.

(2) The chief registrar will cause such further inquiries as he or she considers appropriate to be made of the persons who have been proposed by the supervising magistrate for consideration for appointment as justices of an Island Court, and shall then forward a report to the Judicial Service Commission for consideration as to the persons who should be appointed as justices of each Island Court, and the persons whose appointment as a justice should be terminated.

(3) The chief registrar will inform each supervising magistrate of an Island Court as to which persons have been appointed as justices of that Island Court, and as to which justices of that Court have been terminated, by the Judicial Service Commission.

(1) The supervising magistrate of each Island Court shall ensure that adequate training is provided to justices of that Court as to the meaning and application of the rules of civil and criminal procedure. Such training should be provided by the supervising magistrate personally and also by arranging for training from other sources.

(2) The supervising magistrate should ensure that justices who sit as the chairpersons of an Island Court have adequate training as to the responsibilities of a chairperson of an Island Court.

(1) The supervising magistrate of each Island Court shall ensure that adequate training is provided to the clerk of that Court as to the meaning and application of the rules of civil and criminal procedure, and the rules relating to court clerks. Such training should be provided by the supervising magistrate personally and also by arranging for training from other sources.

(2) The supervising magistrate should encourage the clerk to undertake further education and training, and to make constructive comments and suggestions for the improvement of the provision of judicial services by that Island court.

(1) The supervising magistrate shall discuss with the clerk the panel of justices for each sitting of the Island Court to ensure that it is balanced as regards gender, religious and political affiliation, and that in the case of claims to ownership of customary land that the members are knowledgeable about the customs of the area where the land is situated.

(2) The supervising magistrate shall also discuss with the clerk the person to be nominated as chairperson for each sitting of the court to ensure that the hearing is conducted in an orderly and respectful way.

(1) The supervising magistrate of each Island Court must regularly revise the decisions of that Island court, at intervals of not more than 3 months.

(2) The supervising magistrate of each Island Court must make appropriate arrangements with the clerk of that Court for all the decisions of that Court to be made available for inspection and revision by the magistrate.

(1) The supervising magistrate of each Island Court shall keep the operations of the Court under continuing review to ensure:

(a) that the facilities of the Court are sufficient to enable it to operate effectively;

(b) that the Court provides judicial services throughout the territorial jurisdiction of the Court;

(2) The supervising magistrate of each Island Court must regularly inspect the office of that Court, and also attend sessions of the Court to observe the manner in which the justices and the clerk perform their duties.

(3) If the supervising magistrate considers that there are some actions or decisions that should be taken to improve the quality of the judicial service provided by the Island Court, the magistrate should submit a report to the Chief Justice, copied to the Chief Registrar.

(1) In December of each year, the supervising magistrate shall submit a report to the Chief Justice providing the following information about the operations of the Island Court during that year:

(f) number of office inspections and attendances at sittings of that Court by the supervising magistrate;

Witness’s full name, age whether sworn or affirmed	P.W.1: XD: XXD:-Accused: Re-XM Prosecutor: XD- Court:
Witness’s full name, age whether sworn or affirmed	PW.2 etc

If the accused elects to testify, full name, ag,e whether sworn or affirmed	Accused: XD: XXD:-Prosecutor: Re-XM: XD-Court:
If any defence witnesses testify, full name, age, sworn or affirmed	DW1 etc.:

Vanuatu Consolidated Subsidiary Legislation

Island Courts Rules