Criminal law in Seychelles

The Seychelles criminal-law system covers conduct treated as an offence, the investigation of suspected offences, decisions to prosecute, criminal trials and consequences after conviction. The main general statutes are the Penal Code Cap 158 and Criminal Procedure Code Cap 54. Other relevant laws include the Children Act Cap 28, Misuse of Drugs Act 2016, Cybercrimes and other Related Crimes Act 2021 and Road Transport Act Cap 206. The latest Gazette Acts and subsidiary legislation control where an older consolidated text does not yet include later amendments. The Seychelles Police Force generally investigates offences, makes arrests on reasonable suspicion and uses statutory or court-authorised search and seizure powers. Police may hold a suspect for up to 24 hours; a longer detention requires a court application supported by an affidavit. After investigation, the police file goes to the Attorney-General’s Office. The Attorney-General or Chief Public Prosecutor decides whether to prosecute and selects the appropriate court according to the seriousness of the allegation and the court’s sentencing powers. Less serious criminal matters generally begin in the Magistrates’ Court. A Senior Magistrate can impose up to 25 years’ imprisonment and a SCR 250,000 fine within the relevant jurisdiction, while another Magistrate can impose up to 18 years’ imprisonment and a SCR 125,000 fine. Serious matters, including many allegations of sexual penetration or coercion and drug trafficking or importation, commonly proceed in the Supreme Court. Murder and treason are tried in the Supreme Court before a judge and a nine-member jury. Appeals from the Magistrates’ Court go to the Supreme Court. A written notice of appeal is generally required within 14 days, followed by a memorandum within a further 14 days. Supreme Court decisions may be appealed to the Court of Appeal. Criminal hearings use English, and interpreters are available where required. Hearings are generally public unless the law permits closure. The Constitution protects liberty and security, a hearing within a reasonable time, the presumption of innocence, a charge in a language the accused understands, adequate time and facilities to prepare a defence, legal counsel, witness examination, an interpreter where necessary, protection against compelled testimony or confession, privacy subject to lawful limits and a right of appeal. A person released on bail must follow the conditions imposed, which can include a bond, reporting, non-contact requirements or surrender of travel documents. Courts may consider seriousness, absconding, interference with witnesses, obstruction, reoffending and protection or welfare when deciding bail. An accused person also has duties to attend court, comply with lawful process and avoid witness interference or new offences. Possible sanctions include imprisonment, fines, suspended sentences, probation orders, community service orders, compensation, forfeiture and confiscation. Failure to pay a fine can lead to default imprisonment. Penal Code section 30 allows compensation to an injured person, and section 30A provides mandatory property compensation in specified property offences. The Seychelles Prison Service manages remand and convicted facilities, including low-, medium- and high-risk arrangements, rehabilitation, counselling, psychosocial support and release-on-license supervision. Its prison legislation is currently under review. The Penal Code covers offences such as homicide, assault and grievous harm, sexual assault, child indecency, theft, robbery, burglary, deception, forgery and public-order offences. Special legislation covers drug importation, exportation, possession and trafficking, trafficking in persons, firearms, terrorism, corruption, money laundering and counter-terrorist financing, environmental offences and transport offences. Hate-crime aggravation and hate speech were added by Act 13 of 2024. Act 25 of 2025 amended the definition of protected characteristics and removed political affiliation from that definition. Drug investigations have a specialised structure. The DEAS Act 11 of 2026 gives DEAS powers relating to controlled deliveries, controlled dealings, covert surveillance, drug and vessel seizure and disposal, and international information exchange. The Director can approve some covert measures, while intrusive surveillance, covert human sources and equipment interception require a judge’s order. The Coast Guard supports drug seizures. The Cybercrimes and other Related Crimes Act covers unauthorised access or interception, data interference, cyber extortion, cyberharassment, cyber stalking, offensive electronic communications, child pornography, revenge pornography and copyright infringement. The 2025 amendments address cross-border jurisdiction for citizens, electronic-data seizure and preservation, disclosure of traffic or content data, court-authorised real-time content interception and service-provider duties. A cyber-stalking victim or guardian may seek removal, destruction or blocking of the relevant material through the available legal process. Children and young people follow separate safeguards. The Juvenile Court handles criminal matters involving minors and functions as the Supreme Court’s criminal division for this purpose. The Children Act defines a child as under 15 and a young person as 14 to under 18. A joint charge involving an adult goes to the Magistrates’ Court. If a defendant turns 18 while a case is pending and the trial has not started, the case may transfer. A child under 14 is not imprisoned, and imprisonment for a young person aged 14 to under 18 is used only when no suitable alternative exists. Available responses can include diversion, restorative or community options, probation, care placement, a fine paid by the young person or parent, a Juvenile Centre placement of up to three years and, for a young person, imprisonment. Prosecution for a child or young person is restricted to murder or an offence carrying the death penalty, or follows an instruction from the Attorney-General. Road offences are enforced by the Police, the Highway Patrol Unit and the Department of Land Transport under the Road Transport Act Cap 206 and related regulations. The rules cover licences, roadworthiness, traffic control, sober driving, dangerous driving and deaths caused by dangerous driving. Dangerous driving causing death carries a maximum sentence of five years under section 25. Fixed penalties may apply to minor offences. An unpaid Land Transport ticket can lead to prosecution after 14 days, while other road-criminal cases follow the usual Criminal Procedure Code procedure in the Magistrates’ Court or Supreme Court. Victims can report an offence to the Police. Emergency assistance is available through 999, and Crime Stoppers accepts anonymous or confidential information on 133. Vulnerable witnesses may receive flexible procedures. Trafficking victims can receive witness-protection measures, closed hearings, identity and publication restrictions, compensation and protections relating to liability or repatriation. Criminal-court compensation is separate from a civil damages claim. Family-violence protection orders mainly belong to family law, although breaching an order can create a criminal-law issue. Legal aid is available for criminal cases under the Legal Aid Act. The Judiciary states an income threshold of less than SCR 8,000 per month, together with financial and asset evidence, an application to the Registrar and allocation of a lawyer. Defence and court-related costs vary, and no single public schedule for police reports or prosecution costs was identified. Proceedings depend on the case, although the Constitution protects a hearing within a reasonable time. The Magistrates’ Court holds monthly sittings on Praslin and La Digue, and the Supreme Court operates in three terms each year. The Criminal Procedure Code, Evidence Act and Legal Aid Act are flagged for Law Commission modernisation in 2026.