Solomon Islands - Revision history

Ibjadmin: /* Sources of Defendant's Rights */

2016-11-04T14:13:03Z

Sources of Defendant's Rights

← Older revision		Revision as of 16:13, 4 November 2016
Line 33:		Line 33:
	[http://www.paclii.org/sb/legis/num_act/csa20078o2007280/ Correctional Services Act 2007]		[http://www.paclii.org/sb/legis/num_act/csa20078o2007280/ Correctional Services Act 2007]

	[http://www.paclii.org/sb/legis/~~sub_act~~/~~csr2008343~~/ Correctional Services Regulations 2008]		[http://www.paclii.org/cgi-bin/sinodisp/sb/legis/sub_leg/csa2007csr2008577/csa2007csr2008577.html?stem=&synonyms=&query=correctional%20services%20regulations Correctional Services Regulations 2008]

	[http://www.paclii.org/sb/legis/consol_act/da147/ Deportation Act - Cap 58]		[http://www.paclii.org/sb/legis/consol_act/da147/ Deportation Act - Cap 58]

IBJadmin at 11:33, 6 March 2013

2013-03-06T11:33:36Z

← Older revision		Revision as of 13:33, 6 March 2013
Line 1:		Line 1:
			{{Languages\|Solomon Islands}}

	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
	\|-		\|-

IBJadmin at 07:45, 24 July 2012

2012-07-24T07:45:00Z

← Older revision		Revision as of 09:45, 24 July 2012
Line 476:		Line 476:
	== Notes et références ==		== Notes et références ==
	<references/>		<references/>


			See [[Criminal Justice Systems Around the World]]

IBJadmin at 08:07, 29 June 2012

2012-06-29T08:07:59Z

← Older revision		Revision as of 10:07, 29 June 2012
Line 9:		Line 9:
	==Background==		==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.		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<ref>Source : CIA World Factbook 2012</ref>.

	==Type of system==		==Type of system==
Line 24:		Line 24:
	* '''Statutory Law'''		* '''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:		There are two sources of statute law which are applied by Solomon Islands courts: Acts of the Solomon Islands Parliament<ref>See section 59 of the Constitution.</ref>, and particular Acts of the Parliament of the United Kingdom<ref>See Schedule 3(1) of the Constitution. And also R v Ngena [1983] SIRL 1 for the interpretation of « acts of general application » refered to in Section 1, Schedule 3 of the Constitution.</ref>. Relevant acts referred to include:
	[http://www.paclii.org/sb/legis/consol_act/coaa157/ Court of Appeal Act - Cap 6]		[http://www.paclii.org/sb/legis/consol_act/coaa157/ Court of Appeal Act - Cap 6]

Line 53:		Line 53:
	[http://www.paclii.org/sb/legis/consol_act/psa189/ Public Solicitors Act - Cap 30]		[http://www.paclii.org/sb/legis/consol_act/psa189/ Public Solicitors Act - Cap 30]

	*'''Common Law'''		*'''Common Law<ref>For the application of the principles and rules of the common law, See the Constitution, Schedule 3(2), Schedule 3(4), and the Practice Direction No. 1/81 issued by Daly CJ on 4 June 1981.</ref>'''

	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.		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<ref>See Schedule 3(3) of the Constitution.</ref>'''

	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.”		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.”

IBJadmin: /* Court Procedure */

2012-06-29T08:03:17Z

Court Procedure

← Older revision		Revision as of 10:03, 29 June 2012
Line 360:		Line 360:
	Following the tradition of the United Kingdom, Solomon Islands has a two-tiered justice system: Superior courts have a more elaborate procedure for more serious offences, while magistrates’ courts have simplified procedures for less serious offences. In addition to trying some offences themselves, magistrates also perform a screening role in relation to offences to be tried in superior courts. A ‘preliminary inquiry’ is conducted by a magistrate to determine whether an accused should be committed for trial in the higher court.		Following the tradition of the United Kingdom, Solomon Islands has a two-tiered justice system: Superior courts have a more elaborate procedure for more serious offences, while magistrates’ courts have simplified procedures for less serious offences. In addition to trying some offences themselves, magistrates also perform a screening role in relation to offences to be tried in superior courts. A ‘preliminary inquiry’ is conducted by a magistrate to determine whether an accused should be committed for trial in the higher court.

	There are 5 types of courts in Solomon Islands: Court of Appeal, High Court, Magistrates’ Courts, Local Courts, A Juvenile Court		There are 5 types of courts in Solomon Islands: Court of Appeal<ref>Court of Appeal are established by virtue of section 85 of the Constitution. For jurisdiction, see Sections 22-22 of the Court of Appeal Act.</ref>, High Court<ref>The High Court is established by virtu of Section 77 of the Constitution. See also Sections 4 & 283 of the Criminal Procedure Code.</ref>, Magistrates’ Courts<ref>Magistrates’ Courts are established by virtue of section 3 of the Magistrates’ Courts Act. For jurisdiction, see Section 27 of the Magistrates’ Courts Act and Section 7 of the Criminal Procedure Act.</ref>, Local Courts<ref>Local Courts are established pursuant to Section 2(1) of the Local Courts Act.</ref>, A Juvenile Court<ref>The Juvenile Court is referred to in the Juvenile Offender Act which provides for a separate court for children (under 18).</ref>

	===Pretrial procedure===		===Pretrial procedure===
Line 472:		Line 472:
	Pursuant to section 22 of the Court of Appeal Act, any party to an appeal from a Magistrates’ Court to the High Court may appeal, against the decision of the High Court to the Court of Appeal on any ground of appeal which involves a question of law only (not including severity of sentence), provided that no appeal shall lie against the confirmation by the High Court of a verdict of acquittal by a Magistrate‘s Court.		Pursuant to section 22 of the Court of Appeal Act, any party to an appeal from a Magistrates’ Court to the High Court may appeal, against the decision of the High Court to the Court of Appeal on any ground of appeal which involves a question of law only (not including severity of sentence), provided that no appeal shall lie against the confirmation by the High Court of a verdict of acquittal by a Magistrate‘s Court.
	Pursuant to section 26 of the Court of Appeal Act, a person must give notice of appeal or of his application for leave to appeal within 30 days of the date of conviction.		Pursuant to section 26 of the Court of Appeal Act, a person must give notice of appeal or of his application for leave to appeal within 30 days of the date of conviction.


			== Notes et références ==
			<references/>

IBJadmin: /* Appeal */

2012-06-29T07:50:18Z

Appeal

← Older revision		Revision as of 09:50, 29 June 2012
Line 456:		Line 456:

	===Appeal===		===Appeal===

			A person convicted on a trial in a superior has a right of an appeal against a conviction on a question of law, but must obtain leave to appeal on other matters or appeal against a sentence. Appeals can be made to the High Court or Court of Appeal.
			*'''Appeals to the High Court'''

			Section 45 of the Magistrates Courts Act states: “Appeals in criminal cases shall lie to the High Court from any Magistrates‘ Court in accordance with any other Act for the time being in force relating to criminal procedure and of any Rules of Court made under the provisions of section 90 of the Constitution.” For more details on appeals to the High Court, see Section 283 of the Criminal Procedure Code. An appeal to the High Court may be a matter of fact as well as a matter of law. Both the person convicted and the Director of Public Prosecutions can file an appeal.

			However, section 284 of the Criminal Procedure Code prevents an appeal against conviction in cases where an accused person has pleaded guilty, or where a Magistrates’ Court has passed a sentence of a fine not exceeding ten dollars only.

			Either party has one month from the date of determination to apply to appeal against a decision in the Magistrates’ Court (see section 298 of the Criminal Procedure Code).
			*'''Appeals to the Court of Appeal'''

			The Court of Appeal was established by virtue of section 85 of the Constitution. Sections 20 to 22 of the Court of Appeal Act outlines in what circumstances the prosecution or a person convicted may appeal a decision of the High Court. A person convicted on a trial held before the High Court may appeal against his conviction on any ground of appeal which involves a question of law alone or involving a question of fact if certain conditions are met (see Section 20).

			The prosecution also has a right to appeal to the Court of Appeal in the conditions provided for in Section 21(1) of the Court of Appeal Act.
			Pursuant to section 22 of the Court of Appeal Act, any party to an appeal from a Magistrates’ Court to the High Court may appeal, against the decision of the High Court to the Court of Appeal on any ground of appeal which involves a question of law only (not including severity of sentence), provided that no appeal shall lie against the confirmation by the High Court of a verdict of acquittal by a Magistrate‘s Court.
			Pursuant to section 26 of the Court of Appeal Act, a person must give notice of appeal or of his application for leave to appeal within 30 days of the date of conviction.

IBJadmin: /* Sentencing */

2012-06-29T07:48:30Z

Sentencing

← Older revision		Revision as of 09:48, 29 June 2012
Line 443:		Line 443:

	===Sentencing===		===Sentencing===

			Section 8(1) of the Criminal Procedure Code states “Any court may pass any lawful sentence combining any of the sentences which is authorised by law to pass.”

			Section 10(4) of the Constitution stipulates that court should not impose a penalty in excess of the maximum penalty prescribed by law. Pursuant to section 41 of the Penal Code, if no punishment is specifically provided in that Code for any misdemeanour, “it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both”.
			Sentencing may have a number of purposes, including the public interest (protection of the public, retribution and deterrence of the appellant and others from committing offences of a similar sort) and reformation of the individual offender (Anna Langley v R (Unrep. Criminal Appeal Case No. 17 of 1978)).

			When sentencing, the court has to consider the aggravating and mitigating factors. Those factors must include an accused’s personal circumstances, (see R v Christopher Saungao (Unrep. Criminal Case No. 30 of 1995; at page 10). Customary considerations should be taken into account by a court when sentencing, in appropriate circumstances, see Berekame v DPP [1985 – 86] SILR 272.

			Depending on the circumstances the options in sentencing which may be imposed include imprisonment, suspended sentences, fines, good behavior bond, binding over order, residence order, compensation order, absolute or conditional discharge, police supervision, property orders, or disqualification of drivers licenses (see for example Part VI of the Penal Code).

			Section 35 of the Magistrates’ Courts Act also provides for reconciliation. Chief Justice Ward has issued a practice direction (Practice Direction No. 1 of 1989) in regards to reconciliation under this section.

	===Appeal===		===Appeal===

IBJadmin: /* In Trial */

2012-06-29T07:46:43Z

In Trial

@@ Line 417: / Line 417: @@
 ===In Trial===
 ===Sentencing===
 ===Appeal===

IBJadmin: /* Pretrial procedure */

2012-06-29T07:44:44Z

Pretrial procedure

@@ Line 363: / Line 363: @@
 ===Pretrial procedure===
 ===In Trial===
 ===Sentencing===
 ===Appeal===

IBJadmin: /* Court Procedure */

2012-06-29T07:41:49Z

Court Procedure

← Older revision		Revision as of 09:41, 29 June 2012
Line 357:		Line 357:

	==Court Procedure==		==Court Procedure==

			Following the tradition of the United Kingdom, Solomon Islands has a two-tiered justice system: Superior courts have a more elaborate procedure for more serious offences, while magistrates’ courts have simplified procedures for less serious offences. In addition to trying some offences themselves, magistrates also perform a screening role in relation to offences to be tried in superior courts. A ‘preliminary inquiry’ is conducted by a magistrate to determine whether an accused should be committed for trial in the higher court.

			There are 5 types of courts in Solomon Islands: Court of Appeal, High Court, Magistrates’ Courts, Local Courts, A Juvenile Court

	===Pretrial procedure===		===Pretrial procedure===
	===In Trial===		===In Trial===
	===Sentencing===		===Sentencing===
	===Appeal===		===Appeal===