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Criminal Procedure Code (Amendment) Act 1989

Commencement: 26 June 1989

REPUBLIC OF VANUATU

THE CRIMINAL PROCEDURE CODE (AMENDMENT) ACT
No. 13 OF 1989

Arrangement of Sections

1. Amendment of section 98 of Act No. 21 of 1981.
2. Repeal of Part 8 of the Principal Act.
3. Repeal of certain sections in Part 9 of the Principal Act.
4. Insertion of new section 171 in the Principal Act.
5. Insertion of new section 171A in the Principal Act.
6. Amendment of section 187 of the Principal Act.
7. Amendment of section 221 of the Principal Act.
8. Amendment of section 233 of the Principal Act.
9. Commencement.

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REPUBLIC OF VANUATU

THE CRIMINAL PROCEDURE CODE (AMENDMENT) ACT
No. 13 OF 1989

Assent: 19/6/89
Commencement: 26/6/89

An Act to amend certain provisions of the Criminal Procedure Code Act No. 21 of 1981.

BE IT ENACTED by the President and Parliament as follows:-

AMENDMENT OF SECTION 98 OF ACT No. 21 OF 1981

1. The Criminal Procedure Code Act No. 21 of 1981 (hereinafter referred to as the "Principal Act") as amended, is further amended in subsection (2) of section 98 by deleting the figure and word "25,000 vatu" and substituting the figure and word "100,000 vatu".

REPEAL OF PART 8 OF THE PRINCIPAL ACT

2. Part 8 of the Principal Act (which makes provision for Assessors) is hereby repealed.

REPEAL OF CERTAIN SECTIONS IN PART 9 OF THE PRINCIPAL ACT

3. Sections 171, 173, 175, 176, 177, 178, 179 and 180 in Part 9 of the Principal Act are hereby repealed.

INSERTION OF NEW SECTION 171 IN THE PRINCIPAL ACT

4. The following section is inserted immediately after section 170:

"VERDICT OF JUDGE

171. The Judge shall then consider his verdict upon each count of the information against each accused person in the case and may retire or adjourn the proceedings for this purpose."

INSERTION OF NEW 171A IN THE PRINCIPAL ACT

5. The following section is inserted immediately after section 171:

"DELIVERY OF VERDICT

171A. Upon reaching his verdict upon each count of the information against each accused person, the Judge shall deliver the same in open court and the accused person shall be acquitted or convicted accordingly."

AMENDMENT OF SECTION 187 OF THE PRINCIPAL ACT

6. Section 187 of the Principal Act is amended by the repeal of subsection (1) of that section and the substitution of the following subsection:-

"(1) If the accused person is convicted upon any count of the information, the Judge shall pass sentence according to law."

AMENDMENT OF SECTION 221 OF THE PRINCIPAL ACT

7. Section 221 of the Principal Act is amended by the repeal of subsection (1) of that section and the substitution of the following subsection:-

"(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the summons, warrant, charge, information, order, judgment or other proceedings under this Code, unless such error, omission or irregularity has in fact occasioned a substantial wrong or miscarriage of justice."

AMENDMENT OF SECTION 233 OF THE PRINCIPAL ACT

8. Section 233 of the Principal Act is amended by deleting the word "assessors,".

COMMENCEMENT

9. This Act shall come into force on the day of its publication in the Gazette.

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