your
child in
court
Fiji Women’s Crisis Centre
Supported by Australian Aid
THE CHILD IN COURT
Can a child attend Court?
• No child is allowed inside the courtroom when a
•
•
trial is taking place except infants in arms, but the
absolute discretion always rests with the magistrate
or judge.
Children are only allowed inside at a certain time if
required as a witness.
Parents can be ordered to remove their children if
their presence is not required.
Clearing the court
• If a child is giving evidence, the court
can be cleared of all spectators.
• Only the court officers and those
•
directly concerned with the case
will then remain in the courtroom.
Parents can also stay with their
child.
You can remind the Police Prosecutor
or state lawyer to ask for the court
to be cleared before the session starts.
What about the media?
• Media representatives are allowed inside the Court
•
room. They can only be excluded by special order
of the court.
Journalists are not allowed to publish any photos or
reveal any particulars that may lead to identification
of the child.
Taking the oath
• A child of tender years (7 years and under) giving
evidence will not take the oath, unless the judge
or magistrate is satisfied that the child knows
the difference between truth and lies and the
consequences of lying under oath.
Screening the child
• You as the parent/guardian can ask for a screen
around the child so that she/he does not see the
•
•
accused when giving evidence.
Let the Prosecutor know that
you require a screen.
A screen can be used when your
child is afraid of the offender
or traumatised by the whole
experience.
In most cases, the Prosecutor
will only ask for a screen in
cases involving rape or sexual
abuse, but you can also ask for a screen in other
cases where your child is a witness.
Definitions
• Juvenile - means a person who has not
•
•
yet attained the age of 18 years and
includes a child or a young person.
Child - means a person who has not
yet attained the age of 14 years.
Young person - means a person
who has attained the age of
fourteen years, but who has not
attained the age of 17 years.
Police Interviews
• Parents must be present when a child is being
•
interviewed by the Police, whether it be home, the
Police station or anywhere.
The Police are not allowed to take photographs or
fingerprints of a child without a court order. If the
police try to fingerprint or photograph your child,
stop them, and ask them to produce an order.
Child in Custody
• If a child is remanded in custody,
•
she/he is to be kept in a separate
safe place under supervision, and
not in prison.
A child can only be kept in prison
under a court order. Such an order
will only be made by the court if
the childís behaviour becomes
uncontrollable.
• A young person shall not be ordered to be
imprisoned for more than two years, except where
they have been convicted for serious crimes (e.g.
murder, attempted murder or manslaughter).
Remember: your
child has rights too
Fiji Women’s Crisis Centre
88 Gordon Street, PO Box 12882, Suva, Fiji
Tel: (679) 331 3300 Fax: (679) 3313 650
Email: fwcc@connect.com.fj
Website: www.fijiwomen.com
Monday- Friday 8:30am to 4:30pm
Saturday: 10:00am to 12 noon.
Nadi Women’s Crisis Centre
84 Sagayam Road
PO Box 2663, Nadi, Fiji
Tel/fax: (679) 670 7558
Mobile: 7404 760 (24 hours)
Monday-Friday 8:30am to 3:00pm
Labasa Women’s Crisis Centre
Bayly House, Siberia Road
PO Box 4029, Labasa Fiji
Tel/Fax: (679) 881 4609
Mobile: 9377 784
Monday-Friday: 8:30 am to 3:00pm
Ba Women’s Crisis Centre
21 Navatu Street, Varadoli
PO Box 3127, Ba, Fiji
Tel: (679) 667 0466
Fax: (679) 667 8389
Mobile: 9239 775 (24 hours)
Monday-Friday: 8:30 am to 3:00pm
Rakiraki Women’s Crisis Centre
Lot 2, Yaratale rd, Rakiraki
Tel: (679) 6694 012
Mobile: 9129 790 (24 hours)