Criminal law in Solomon Islands

The main sources include the Constitution 1978, Penal Code Cap.26, Criminal Procedure Code Cap.7, Evidence Act 2009, Magistrates’ Courts Act Cap.20, Police Act 2013, Juvenile Offenders Act Cap.14, Family Protection Act 2014, Road Transport Act Cap.131, Dangerous Drugs Act Cap.98, Telecommunications Act 2009 and Money Laundering and Proceeds of Crime Act 2002. Common law, equity and customary law can also apply under Schedule 3 of the Constitution, but only when they do not conflict with the Constitution or an Act of Parliament and are suitable for local circumstances. The Penal Code uses distinctions such as felony and misdemeanour, and some penalties are expressed in penalty units rather than a fixed dollar amount. The Royal Solomon Islands Police Force, commonly called RSIPF, receives reports, prevents crime, investigates offences, arrests suspects and presents cases through the court process. Its Criminal Investigation Department, Traffic Unit, Family Violence Unit and Sexual Assault Unit perform specialised functions. A report can be made through emergency number 999 or the non-emergency number 23666. The Office of the Director of Public Prosecutions, or ODPP, independently prosecutes cases before the Magistrates’ Courts, High Court, Court of Appeal and, where applicable, Provincial Courts. Police prosecutors handle matters before Magistrates’ Courts under the direction of the Director of Public Prosecutions. The Public Solicitor’s Office, or PSO, provides constitutional legal advice and representation, including criminal legal assistance for people who meet its means, merit and circumstances requirements. Its criminal clinics generally operate on Thursdays from 14:00 to 16:00, and urgent or provincial matters can receive an earlier appointment. Children and young people may approach the PSO without a parent. The ODPP operates through locations and court circuits including Honiara, Auki, Gizo and Kirakira. No uniform nationwide online criminal-law access system has been established. Travel, witness availability and provincial court circuits can extend practical case timelines, while the Constitution requires a fair hearing within a reasonable time. The courts divide criminal work by jurisdiction. Magistrates’ Courts deal with summary trials and preliminary inquiries. When a preliminary inquiry finds sufficient evidence for a serious matter, the accused can be committed to the High Court for trial. The High Court hears serious criminal trials and can impose any lawful sentence. Appeals from Magistrates’ Courts go to the High Court, and further appeals can go to the Court of Appeal. Local Courts have only the criminal jurisdiction granted by a Chief Justice’s warrant, and their territorial and party requirements limit their use; they are not general criminal courts for every offence. A complaint may lead to a charge, summons or warrant. The RSIPF may arrest without a warrant when reasonable suspicion exists, and officers may use only necessary and reasonable force. An arrested person must be told the reason for arrest promptly in a language they understand and must be brought before a court without delay if not released. The Constitution protects a fair hearing, the presumption of innocence, details of the charge, adequate facilities to prepare a defence, legal counsel, a free interpreter, cross-examination of prosecution witnesses, defence witnesses, freedom from compelled testimony and protection against being tried twice for the same matter. Silence must not create an adverse inference. A search warrant may be issued by a Magistrate or Justice of the Peace after an oath and reasonable suspicion. It should identify the building, ship, vehicle or other place to be searched. Execution normally takes place between sunrise and sunset unless the warrant authorises another time. Seized property may remain in custody during the investigation, trial or appeal. The Evidence Act treats some questioning situations as part of an arrest, so the circumstances of police questioning can affect the protection attached to the person being questioned. Bail is discretionary for arrested or detained people, except in murder and treason cases, and a court may require a surety. Bail must not be set at an excessive amount. A person held on remand for a preliminary inquiry may generally be held for up to 15 clear days under one order, with oral continuation of custody for up to three days in the stated circumstances. The constitutional standard remains release without conditions or on reasonable conditions within a reasonable time; there is no single nationwide timetable for every investigation or prosecution. The Penal Code covers homicide, attempted murder, grievous harm, wounding, sexual offences, kidnapping, larceny, embezzlement, robbery, extortion, public-order offences, corruption, economic offences, conspiracy and assisting an offence. Murder, manslaughter and attempted murder carry life imprisonment under the cited provisions. Unlawful wounding carries a maximum of five years. Simple larceny carries five years, with higher maximums for certain repeat offending. The current Penal Code does not provide a death penalty, although the Constitution refers to execution of a death sentence as an abstract exception. Sexual offences focus on free and voluntary consent. Force, fear, detention, sleep or unconsciousness, alcohol or drug impairment, lack of understanding, abuse of authority or trust, threats, certain false representations and withdrawal of consent can prevent consent. A lack of physical resistance alone does not establish consent. Sexual intercourse with a child under 13 or with a child aged 13 to under 15 in the circumstances covered by the Penal Code can carry a maximum of life imprisonment or 15 years respectively. Indecent acts involving those age groups carry lower maximums, and sexual conduct with a 15- to under-18-year-old where a relationship of trust exists can also be criminal. Persistent sexual abuse requires conduct on at least three separate days and can carry life imprisonment. Commercial sexual exploitation or procuring a child can carry a maximum of 20 years for a child under 15 and 15 years for a child aged 15 to under 18. The Family Protection Act 2014 makes domestic violence a criminal offence. Domestic violence includes physical, sexual, psychological or economic abuse and threats within relationships such as family, customary, de facto, courtship, engagement, parental-responsibility and domestic-worker relationships. A domestic violence offence or breach of a Police Safety Notice or Protection Order can carry 30,000 penalty units, three years’ imprisonment or both. Police may issue a Police Safety Notice when they have reasonable grounds, normally for 21 days, with one exceptional extension of up to 21 further days. The Magistrates’ Court or an authorised justice can issue a Protection Order. Police duties include investigating, explaining rights, arranging a place of safety and facilitating counselling, medical and legal services. A victim’s address may be withheld, and compensation may cover injury, property loss or financial loss. Customary compensation is not a defence to domestic violence. The Dangerous Drugs Act regulates licensing, prohibited drugs, searches, seizures and drug offences. The Money Laundering and Proceeds of Crime Act allows authorities to trace, freeze, seize and confiscate criminal proceeds and assigns duties to the financial sector through the anti-money-laundering framework. Money laundering by a natural person can carry up to 500,000 penalty units or 10 years’ imprisonment, while a company can face up to 1,000,000 penalty units. The applicable drug penalty depends on the offence and the current legislation. The Road Transport Act covers dangerous or reckless driving, careless driving, driving under the influence and being in charge of a vehicle while under the influence. Causing death through reckless or dangerous driving can carry five years. Maximum penalties for other offences differ between the High Court and Magistrates’ Courts, and licence disqualification or endorsement can also follow. The minimum driving age is 16 for motorcycles, 17 for private cars and light goods vehicles, 21 for public-service vehicles, or 18 with written consent, and 18 for other vehicles. The Act is under legislative review in 2026, so current amendments should be checked before relying on a particular penalty or age rule. Solomon Islands has no standalone cybercrime Act evidenced in the available current material. Telecommunications Act offences, Penal Code offences and criminal procedure rules provide a fragmented functional framework for unlawful interception, damaging or altering telecommunications data, disclosing messages, obstructing communications, fraudulent messages and misuse of devices or passwords. Criminal procedure rules can support the search and seizure of electronic evidence. A National Cybersecurity Policy was issued on 20 August 2024, and draft cybercrime regulation and legislative reform have been reported, but no officially established national CERT or CSIRT is evidenced here. A child under 14 is a child for youth-justice purposes, while a young person is aged 14 to under 18. For a child under 14, the prosecution must prove knowledge that the conduct was seriously wrong and deserving of punishment. Prosecutorial decisions can consider age, maturity, mental capacity, family circumstances, previous history, available alternatives and the harm caused by prosecution. Youth cases generally use a closed court, separation from adults during custody and transport, a ban on media identification and a background or social-welfare report. Statutory discharge and probation options exist, but their practical availability varies with resources and province. Formal youth justice therefore exists alongside uneven access to diversion and support. The correctional authority, Correctional Services Solomon Islands, or CSSI, manages custody, prisoner rights, medical and welfare assessment, rehabilitation, work, training and reintegration. Courts may combine imprisonment and fines and may order costs, expenses, compensation, restitution or return of property. A sentence longer than one month can generally receive an initial remission of one third, excluding life imprisonment and detention at His Majesty’s pleasure, subject to the applicable rules. Good-behaviour remission can be forfeited. The Parole Board may recommend release on licence to the responsible Minister, including for a life sentence, and legislation allows post-release support. The ODPP treats a victim as a person directly harmed by the offence or an immediate family member or dependent in the circumstances covered by its policy. Victims should receive privacy where possible and be treated with courtesy, compassion and respect. Prosecutors explain the court process and consider the victim’s views, although those views do not determine the prosecution. A Victim Impact Statement may be presented before sentencing, and vulnerable witnesses may use special arrangements. Support pathways include Safe Net on 132, Seif Ples, the Family Support Centre, Christian Care Centre, Social Welfare and RSIPF Family Violence or Sexual Assault Units. Church, customary and community reconciliation can be practically relevant in some communities, but it does not automatically replace formal criminal prosecution. Family or civil remedies may accompany a criminal matter where the Family Protection Act provides protection or compensation, but they do not change the criminal-law classification of the conduct. The most direct practical starting point is to report the suspected offence to the RSIPF, seek legal advice from the PSO where eligible, and preserve documents, messages, medical records, witness details and other evidence without confronting a suspect or interfering with an investigation.