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Magistrates' Courts (Amendment) Act 2014

SOLOMON ISLANDS

THE MAGISTRATES' COURTS
(AMENDMENT) ACT 2014

(NO. 1 OF 2014)

PASSED by the National Parliament this eighth day of April 2014.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)

Taeasi Sanga (Mrs)
Clerk to National Parliament

ASSENTED to in Her Majesty's name and on Her Majesty's behalf this 14th day of May 2014.

Sir Frank Utu Ofagioro Kabui
Governor-General

Date of Commencement: see section 1

AN ACT TO AMEND THE MAGISTRATES' COURTS ACT (CAP. 20).

ENACTED by the National Parliament of Solomon Islands.

THE MAGISTRATES' COURTS (AMENDMENT) ACT 2014

1. This Act may be cited as the Magistrates' Courts (Amendment) Act 2014 and shall come into force on such date as the Minister may appoint by Notice published in the Gazette.

2. The Magistrates' Courts Act (hereinafter referred to as the "principal Act") is hereby amended by repealing section 69 and substituting therefor the following new section 69 –

69. (1) Subject to section 69A and to the provisions of any other Act, in every case heard before a Magistrate's Court, and at every stage thereof, the Magistrate hearing such case shall, save as hereinafter provided, take down in writing the oral evidence given before the Court or so much thereof as he deems material:

Provided that, should such Magistrate, in any case, find himself temporarily incapacitated from taking down such evidence, he may direct that such evidence shall be taken down by the Clerk of the Court or other officer performing the duties of the Clerk of the Court.

(2) The Clerk of the Court or other officer referred to in the preceding subsection shall take down in writing the oral evidence in manner as aforesaid, under the supervision and control of the Magistrate presiding.

(3) The Magistrate may, at any time before appending his signature to such writing, amend anything therein which he may consider requires amendment and shall peruse and examine such writing, and satisfy himself that it is, in substance, an accurate and faithful record of the oral evidence given." .

3. The principal Act is hereby amended by inserting the following new section 69A -

69A. (1) The requirements for recording the evidence in every case heard before a Magistrate's Court may be satisfied by the Clerk of the Court or other officer performing the duties of the Clerk of the Court, recording the evidence using a suitable recording device.

(2) As soon as practicable after the conclusion of a case, the Magistrate must cause the recording to be transcribed into writing and shall peruse and examine such writing, and certify that it is an accurate and faithful record of the oral evidence given.".