Solomon Islands

ADDITIONAL RESOURCES Constitution of the Solomon Islands Penal Code Criminal Procedure Code

Background

The Solomon Islands are a group of islands located in the South Pacific Ocean. They fell under British Protectorate in the 1890s. Prior to independence (7th July 1978) the statute law that applied in Solomon Islands came from the United Kingdom. Upon independence the Constitution of Solomon Islands became effective and the legality of statute law which applied in Solomon Islands prior to that date was not affected provided it was not inconsistent with the Constitution, (see sections 4 and 5 of The Solomon Islands Independence Order 1978). The Constitution forms the schedule to the Solomon Islands Independence Order 1978 and become the supreme law of the Solomon Islands when that order came into operation. The government qualifies as a parliamentary democracy.

Type of system

Solomon Islands inherited the Common Law tradition, which is derived from English Law. In the common law system, case law (decisions of courts) are an important source of law and expression of legal rules, as decisions become precedent for future interpretation of the law by judges in the same or lower courts. While laws are enacted by the legislature, these are interpreted by the courts.

The system of law in Solomon Islands is an adversarial legal system – the prosecution and defence present their cases to a court for a determination. Courts may indicate issues or points, or raise questions to clarify but it must not do the work of one side (R v Kwatefena [1983] SILR 106; 107).

The duty of the court is to be impartial, hear the evidence on both sides, weigh the evidence and decide the case on its facts (R v Niger Pitisopa (Unrep. Criminal Appeal Case No. 120 of 1999), page 10).

Sources of Defendant's Rights

The sources of criminal law in Solomon Islands currently are as follows:

• Constitution

The Constitution is the preeminent source of an accused’s rights in the Solomon Islands. The constitutional provisions related to the defendant’s rights are mentioned below.

• Statutory Law

There are two sources of statute law which are applied by Solomon Islands courts: Acts of the Solomon Islands Parliament, and particular Acts of the Parliament of the United Kingdom. Relevant acts referred to include: Court of Appeal Act - Cap 6

Criminal Procedure Code - Cap 7

Correctional Services Act 2007

Correctional Services Regulations 2008

Deportation Act - Cap 58

Evidence Act 2009

Immigration Act - Cap 60

Juveniles Offenders Act - Cap 14

Land and Titles Act - Cap 133

Local Courts Act - Cap 19

Magistrates Courts Act - Cap 20

Penal Code - Cap 26

Police Act - Cap 110

Public Solicitors Act - Cap 30

• Common Law

As described earlier, the Solomon Islands follows the common law tradition, and therefore case law is another source of defendants’ rights. The principle of law in Solomon Islands is that a point of law is decided in a case before the superior courts, binds the lower courts when the lower courts have to consider that point of law in cases before them. However, those courts are only bound to follow the ratio decidendi (the rule of law on which the decision is based) of the respective judgment. However, during the course of a judgment a Court may make judicial comments which do not form part of the legal reasoning in the case. Such comments are referred to as obiter dictum and are not binding on other courts.

• Customary Law

Customary law is refered to in Schedule 3(3) of the Constitution. In Remesis Pusi v James Leni & others (Unrep. Civil Case No. 218 of 1995) Muria CJ stated: “The Constitution itself recognizes customary law as part of the law of Solomon Islands and its authority therefore cannot be disregarded. It has evolved from time immortal and its wisdom has stood the test of time. It is fallacy to view a constitutional principle or a statutory principle contained in customary law. It is the circumstances in which the principles are applied that vary and one cannot be readily substituted for the other.”

Pre-trial Phase

Protection from police

• Identity checks
• Right to silence
• Confessions
• Stops and Frisks, Search and Seizure
• Arrest
• Enforcing the rules (exclusionary rule, nullity and other procedures to protect against illegal police procedures)
• Lineups and other identification procedures

During detention

• Freedom from prolonged pre-trial detention
• Freedom from punishment
• Right to counsel
• Right to habeas corpus
• Conditions of confinement
• Immigrant detention
• Right to medical and mental health care in prison
• Restriction of rights
• Women's rights in prison

Rights of the Accused

At Trial

• Double jeopardy
• Legality principle
• Presumption of innocence
• Standards of proof and standards for conviction
• Right to compulsory process
• Right to confront witnesses
• Right to counsel
• Right to a fair trial
• Right to notice of charges
• Right to non self-incrimination
• Right to a speedy trial
• Right to trial by jury

In Sentencing

• Capital punishment
• Ex post facto punishment
• Freedom from torture, cruel or unsual punishment
• Right to appeal
• Right not to be fined excessively