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Penal Code and Criminal Procedure Code Reference

The terms of reference for this review require the Commission to enquire and report to  the Minister for Justice and Legal Affairs on

  • The review of the Penal Code and the Criminal Procedure Code;
  • Reforms necessary to reflect the current needs of the people of Solomon Islands.

This references is significant and has been broken down into different phases and projects. Download the PDF version here ( pdf Review of the Penal Code and Criminal Procedure Code - First Interim Report (1.57 MB) ).

Summary of Penal Code, Criminal Procedure Code phases and projects

Penal Code Issues Paper

Released in 2008.  Contains an analysis of all of the Penal Code (save for sentencing provisions), identifies issues for reform, asks questions to support consultation and submissions

Community consultation

In 2009 & 2010 consultation was held in all provinces as well as with specific stakeholder groups

The following projects use the results of consultation as well as more detailed research to develop recommendations for reform

Corruption offences

 Recommendations forwarded to Minister for Justice and Legal Affairs in June 2011.

Sexual offences

Commission is now considering recommendations for reform of sexual offences.

Criminal responsibility, structure and application of Penal Code

 

Personal harm offences

 

Homicide

 

Religion & marriage offences, criminal libel

 

Public order offences

 

Dishonesty and property offences

 

The following projects specifically address the Criminal Procedure Code

Mental impairment, fitness to plead and criminal responsibility

2010 consultation paper completed.

Preliminary inquiries

 

Criminal process

 

Sentencing

2010 research & specific consultation conducted

 

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