Home | Databases | WorldLII | Search | Feedback | Help Criminal Law in Solomon Islands

Chapter 2: Criminal Jurisdiction of the Courts

Table of Contents

[2.0]                 Introduction 

A court exercising: 

• 'original jurisdiction' is able to hear trials; and
• 'appellate jurisdiction' is able to hear appeals.

In this chapter, the 'criminal jurisdiction' of those courts will be examined. 

By virtue of the application of the 'doctrine of stare decisis', also know as the 'doctrine of precedent', to the courts in Solomon Islands exercising criminal jurisdiction, the Magistrates' Court is bound by the decisions of the High Court and the Magistrates' Court and the High Court is bound by the decisions of the Court of Appeal. That doctrine operates to secure certainty in the law. Otherwise, the Magistrates' Court and the High Court could continually make decisions, irrespective of any legal precedent set. 

In R v Sethuel Kelly & Gordon Darcy (Unrep. Criminal Case No. 2 of 1996) Lungole - Awich J stated at page 4: 

'There is a principle of law in Solomon Islands, 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. That is the principle of stare decisis.' 

Refer also to the section which examines the law relating to 'Judicial Precedent & Common Law' commencing on page 7. 

[2.1]                 Court Of Appeal 

The 'Court of Appeal' was established by virtue of section 85 of the Constitution which states (in part): 

'(1) There shall be a Court of Appeal for Solomon Islands which shall have such jurisdiction and powers to hear and determine appeals in […] criminal matters as may be conferred on it by this Constitution or by Parliament. 

(2)   The judges of the Court of Appeal shall be – 

(a) a President and such number of other Justices of Appeal, if any, as may be prescribed by Parliament; and 

(b) the Chief Justice and the puisne judges of the High Court, who shall be judges of the Court ex officio.' (emphasis added) 

See also: sections 86 to 89 of the Constitution. 

Sections 20 to 22 of the Court of Appeal Act (Ch. 6) outlines in what circumstances the prosecution or a person convicted may appeal a decision of the High Court. 

Section 20 states: 

'A person convicted on a trial held before the High Court of Solomon Islands may appeal under this Part of this Act [Part IV -- 'Appeals In Criminal Cases'] to the Court of Appeal – 

(a)    against his conviction on any ground of appeal which involves a question of law alone; 

(b)   with the leave of the Court of Appeal or upon the certificate of the judge who tried him that it is a fit case for appeal against his conviction on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the Court to be a sufficient ground of appeal; and 

(c)    with the leave of the Court of Appeal against the sentence passed on his conviction unless the sentence is one fixed by law.' (emphasis added) [words in brackets added] 

An example of a sentence fixed by law is that which must be imposed for the offence of 'Murder', see section 200 of the Penal Code (Ch. 26).

The law relating to: 

• 'Homicidal Offences' is examined commencing on page 610; and

• 'Sentencing' is examined commencing on page 918.

Section 21(1) states: 

'Subject to the provisions of this section, the Director of Public Prosecutions may appeal under this Part of this Act to the Court of Appeal where –

(a)     a person is tried before the High Court in the first instance and acquitted, (whether in respect of the whole or part of the indictment) on any ground of appeal which involves a question of law only; or 

(b) in the opinion of the Director of Public Prosecutions the sentence imposed by the High Court is manifestly inadequate.' (emphasis added)

Section 22 states (in part): 

'(1) Any party to an appeal from a Magistrates' Court to the High Court may appeal, under this Part of this Act, against the decision of the High Court in such appellate jurisdiction 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.

 (2)  For the purposes of this section, a decision of the High Court in the exercise of its revisional jurisdiction or on a case stated, under the provisions of the Criminal Procedure Code, shall be deemed to be a decision of the High Court in such appellate jurisdiction as aforesaid.' (emphasis added)

[2.2]                 High Court 

[2.2.1]              Original Jurisdiction 

The 'High Court' was established by virtue of section 77 of the Constitution which states (in part): 

'(1) There shall be a High Court for Solomon Islands which shall have unlimited original jurisdiction to hear and determine any […] criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this Constitution or by Parliament. 

(2)   The judges of the High Court shall be the Chief Justice and such number of puisne judges, if any, as may be prescribed by Parliament: 

Provided that the office of a judge shall not be abolished while any person is holding that office unless he consents to its abolition.' (emphasis added) 

Section 4 of the Criminal Procedure Code (Ch. 7) states (in part):

'Subject to the other provisions of this Code – 

(a)  any offence may be tried by the High Court.' (emphasis added) 

Section 56 of the Criminal Procedure Code (Ch. 7) states: 

'The High Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings:

Provided that no criminal case shall be brought under the cognizance of the High Court unless the same shall have been previously investigated by a Magistrates' Court and the accused person shall have been committed for trial before the High Court.' (emphasis added)

Therefore, a 'Preliminary Investigation / Inquiry' must be held in respect of any offence which is to be tried before the High Court. The law relating to 'Preliminary Investigations / Inquiries' is examined commencing on page 310. 

Section 53 of the Criminal Procedure Code (Ch. 7) states: 

'The High Court […] has authority to cause to be brought before it any person who – 

(a)     is within Solomon Islands and is charged with an offence committed within, or which may be inquired into or tried within, the local limits of its jurisdiction; or 

(b)     is within the local limits of its jurisdiction and is charged with an offence committed within Solomon Islands, or which according to law may be dealt with as if it had been committed within Solomon Islands, 

and to deal with the accused person according to its jurisdiction.'

Section 6 of the Criminal Procedure Code (Ch. 7) states:

'The High Court may pass any sentence authorized by law.'

The law relating to 'Sentencing' is examined commencing on page 918.

See also: sections 78 to 83 of the Constitution, sections 56, 57 & 67 of the Criminal Procedure Code (Ch. 7) and sections 34, 46, 47 & 48 of the Magistrates' Courts Act (Ch. 20). 

[2.2.2]              Appellate Jurisdiction 

Section 45 of the Magistrates' Courts Act (Ch. 20) 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.' (emphasis added) 

Section 283 of the Criminal Procedure Code (Ch. 7) states: 

'(1) Save as hereinafter provided, any person who is dissatisfied with any judgment, sentence or order of a Magistrates' Court in any criminal cause or matter to which he is a party may appeal to the High Court against such judgment, sentence or order:

Provided that no appeal shall lie against an order of acquittal except by, or with the sanction in writing of, the Director of Public Prosecutions. 

(2)   When a person convicted on trial by a Magistrates' Court is not represented by an advocate he shall be informed by the Magistrate of his right of appeal at the time when sentence is passed.

(3)   An appeal to the High Court may be a matter of fact as well as a matter of law.

(4)   For the purposes of this Part [Part IX -- 'Appeals From Magistrates' Courts and Cases Stated'] the extent of a sentence shall be deemed to be a matter of law.

(5)  The Director of Public Prosecutions shall be deemed to be a party to any criminal cause or matter in which the proceedings were instituted and carried on by a public prosecutor.' (emphasis added) [words in brackets added]

The law relating to 'Sentencing' is examined commencing on page 918.

Section 284 of the Criminal Procedure Code (Ch. 7) states:

'(1) No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted of such plea by a Magistrates' Court, except as to the extent or legality of the sentence.

(2)     Save with the leave of the High Court, no appeal shall be allowed in a case in which a Magistrates' Court has passed a sentence of a fine not exceeding ten dollars only, notwithstanding that a sentence of imprisonment has been passed by such court in default of the payment of such fine, if no substantive sentence of imprisonment has also been passed.

(3)  No conviction or sentence, which would not otherwise be liable to appeal, shall be appealable merely on the ground that the person convicted is ordered to find security to keep the peace.' (emphasis added)

Section 298 of the Criminal Procedure Code (Ch. 7) states:

'(1) After the hearing and determination by any Magistrates' Court of any summons, charge or complaint, either party to the proceedings before the said Magistrates' Court may, if dissatisfied with the said determination as being erroneous in point of law, or as being in excess of jurisdiction, apply in writing within one month from the date of the said determination, including the day of such date, to the said Magistrates' Court to state and sign a special case setting forth the facts and the grounds of such determination for the opinion thereon of the High Court.

 (2)  Upon receiving any such application the Magistrate shall forthwith draw up the special case and transmit the same to the Registrar of the High Court together with a certified copy of the conviction, order or judgment appealed from all documents alluded to in the special case and the provisions of section 289 shall thereupon apply.' (emphasis added)

See also: sections 185 & 285 to 309 & 311 of the Criminal Procedure Code (Ch. 7) & sections 46, 47 & 48 of the Magistrates' Courts Act (Ch. 20).

[2.2.3]              Revisional Jurisdiction 

Section 84(1) of the Constitution states (in part): 

'The High Court shall have jurisdiction to supervise any […] criminal proceedings before any subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court ['Revisional Jurisdiction'].' (emphasis added) [words in brackets added] 

Section 297 of the Criminal Procedure Code (Ch. 7) states: 

'When a case is revised by the High Court in exercise of the revisional powers conferred by the Magistrates' Courts Act, it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are comformable to the decision so certified, and shall take such steps as may be necessary to enforce such decision or order.' (emphasis added) 

See also: sections 46 to 48 of the Magistrates' Courts Act (Ch. 20). 

[2.3]                 Magistrates' Court 

[2.3.1]              Introduction 

The 'Magistrates' Court' was established by virtue of section 3 of the Magistrates' Courts Act (Ch. 20) which states: 

'(1) There shall be and are hereby constituted throughout Solomon Islands courts of summary jurisdiction, to be known respectively as Principal Magistrates' Court and Magistrates' Courts of the First Class and of the Second Class subordinate to the High Court.

(2)   There shall be in each district such Magistrates' Courts as the Chief Justice may direct.

(3)   Any power, authority, function or discretion vested in a Magistrates' Court by this or any other Act or law shall be possessed as may be exercised by a Magistrate having adequate jurisdiction.

(4)  Every Magistrates' Court shall be a Court of Record.' (emphasis added)

There are therefore three classes of Magistrates' Court: 

• Principal Magistrates' Court;
• Magistrates' Court of the First Class; and
• Magistrates' Court of the Second Class.

The Chief Justice has directed that there shall be a Magistrates' Court in each of the following Districts – 

• Central District;
• Malaita District;
• Western District;
• Eastern District; and
• Eastern Outer Islands District', see Directions By The Chief Justice' issued on 5th May 1962.

Section 18 of the Magistrates' Courts Act (Ch. 20) states (in part):

'Subject to any other provision of this Act and to the provisions of any other law for the time being in force in Solomon Islands every Magistrates' Court shall have and exercise jurisdiction in […] criminal matters as in this Act provided.' (emphasis added)

Section 54 of the Magistrates' Courts Act (Ch. 20) states:

'Subject to the provisions of any other law for the time being in force, the jurisdiction vested in Magistrates' Courts shall be exercised (so far as regards practice and procedure) in the manner provided by this Act or by any other Act for the time being in force relating to criminal […] procedure, or by Rules of Court, and in default thereof, in substantial conformity with the law and practice for the time being observed in England in county courts, police courts and courts of summary jurisdiction.' (emphasis added)

Section 5 of the Criminal Procedure Code (Ch. 7) states: 

'(1) Any offence under any law for the time being in force in Solomon Islands shall, when any court is mentioned in that behalf in such law, be tried by such court. 

For the purposes of this a provision in any law for an offence to be tried summarily shall be construed as a reference to the trial of such offence by a Magistrates' Court. 

(2)  When no court is mentioned in the manner referred to in subsection (1) in respect of any offence, such offence may be tried in accordance with this Code.' 

See however sections 185 & 209 of the Criminal Procedure Code (Ch. 7). 

A Magistrates' Court may 'revise any of the proceedings of a local court, whether civil or criminal', see section 27 of the Local Courts Act (Ch. 19). 

Furthermore, 'any person aggrieved by any order or decision of a local court may within thirty days from the date of such order or decision appeal therefrom to the Magistrates' Court having jurisdiction in the area', see section 28 of the Local Courts Act (Ch. 19) (emphasis added) 

See also: sections 49 & 50 of the Magistrates' Courts Act (Ch. 20). 

The law relating to 'Sentencing' is examined commencing on page 918. 

[2.3.2]              Principal Magistrates' Court

Section 27(1) of the Magistrates' Court Act (Ch. 20) states:

'Subject to the provisions of any other law for the time being in force, a Principal Magistrates' Court shall have jurisdiction to try summarily any criminal offence – 

(a)    for which the maximum punishment prescribed by law for such offence does not exceed - 

(i)                 fourteen years imprisonment; or 

(ii)               a fine; or 

(iii)             both such imprisonment and such fine; or 

(b)   in respect of which jurisdiction is by any law expressly conferred upon a Principal Magistrates' Court or it is expressly provided that such offence may be tried summarily: 

Provided that the maximum punishment which a Principal Magistrates' Court may impose shall not exceed – 

(i)   a term of imprisonment for five years; or 

(ii)  a fine of one thousand dollars; or 

(iii) both such imprisonment and such fine.' 

See however the proviso as provided for in subsection (3) of that section. 

The Magistrates' Court (Increase In Criminal Jurisdiction) Orders issued for the years 1963, 1971, 1974, 1975, 1977 & 1991 specify a number of offences which may be dealt with summarily. Those offences are specified commencing on page 22. 

See also: sections 4, 7 & 8 of the Criminal Procedure Code (Ch. 7). 

[2.3.3]              Magistrates' Courts Of The First & Second Class 

Section 27(2) of the Magistrates' Courts Act (Ch. 20) states: 

'Subject to the provisions of any other law for the time being in force, a Magistrates' Court of the First Class or the Second Class shall have jurisdiction to try summarily any criminal offence – 

(a)    for which the maximum punishment prescribed by law for such offence does not exceed - 

(i)   imprisonment for a term of one year; or 

(ii)  a fine of two hundred dollars; or 

(iii) both such imprisonment and such fine.'

(b)   in respect of which jurisdiction is by any law expressly conferred upon a Magistrates' Court of the First Class or of the Second Class or it is expressly provided that such offence may be tried summarily; or 

(c) for which any penalty is expressly provided in respect of a conviction by a Magistrates' Court of the First Class or of the Second Class.' (emphasis added)

See however the proviso as provided for in subsection (3) of that section.

Refer also to: The Magistrates' Court (Increase In Criminal Jurisdiction) Orders for the years 1963, 1971, 1974, 1975, 1990, 1991 & 1993. 

See also: sections 4, 7 & 8 of the Criminal Procedure Code (Ch. 7). 

[2.3.4]              Magistrates' Court (Increase In Criminal Jurisdiction) Orders 

Magistrates' Court (Increase In Criminal Jurisdiction) (1963) Order 

Subject to the provisions of section 27(3) of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts within Solomon Islands shall have jurisdiction to try any of the following offences: 

 Magistrates' Court (Increase In Criminal Jurisdiction) (1963) Order 

Magistrates' Court (Increase In Criminal Jurisdiction) (1971) Order

Subject to the provisions of section 27(3) of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts within Solomon Islands shall have jurisdiction to try any of the following offences: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1974) Order 

Subject to the provisions of section 27(3) of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts within Solomon Islands shall have jurisdiction to try the following offence: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1975) Order

Subject to the provisions of section 27(3) of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts within Solomon Islands shall have jurisdiction to try the following offence: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1977) Order 

Subject to the provisions of section 27(3) of the Magistrates' Courts Act (Ch. 20), all Principal Magistrates' Courts within Solomon Islands shall have jurisdiction to try any of the following offences: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1990) Order 

Subject to the provisions of subsections (2) and (3) of section 27 of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts of the First Class within Solomon Islands shall have jurisdiction to try any of the following offences: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1991) Order

Subject to the provisions of subsections (1) and (3) of section 27 of the Magistrates' Courts Act (Ch. 20), all Principal Magistrates' Courts within Solomon Islands shall have jurisdiction to try the following offence: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1991) Order 

Subject to the provisions of subsections (2) and (3) of section 27 of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts of the First Class within Solomon Islands shall have jurisdiction to try any of the following offences: 

Magistrates' Court (Increase In Criminal Jurisdiction) (1993) Order

Subject to the provisions of subsections (2) and (3) of section 27 of the Magistrates' Courts Act (Ch. 20), all Magistrates' Courts of the First Class within Solomon Islands shall have jurisdiction to try any of the following offences:

[2.3.5]              Territorial Limits

Section 4 of the Magistrates' Courts Act (Ch. 20) states: 

'(1) A Principal Magistrates' Court shall exercise jurisdiction throughout Solomon Islands.

(2)   Subject to any express provisions of this or any other Act, every Magistrates' Court shall exercise jurisdiction within the limits of the district within which it is situated:

 Provided that when there is more than one Magistrates' Court in the same district, the Chief Justice may direct the distribution of business between such Courts. 

(3)  The jurisdiction of each Magistrates' Court shall extend over any territorial waters adjacent to the district in which it is situated as well as over inland waters whether within or adjacent to such district.'

See also: sections 46 & 50 of the Magistrates' Courts Act (Ch. 20) and The Magistrates' Courts (Districts) Order issued on 5th May 1962.

Section 53 of the Criminal Procedure Code (Ch. 7) states: 

'[E]very Magistrates' Court has authority to cause to be brought before it any person who – 

(a)    is within Solomon Islands and is charged with an offence committed within, or which may be inquired into or tried within, the local limits of its jurisdiction; or 

(b)   is within the local limits of its jurisdiction and is charged with an offence committed within Solomon Islands, or which according to law may be dealt with as if it had been committed within Solomon Islands, 

and to deal with the accused person according to its jurisdiction.'

Section 54 of the Criminal Procedure Code (Ch. 7) states: 

'Where a person accused of having committed an offence within Solomon Islands has removed from the district within which the offence was committed and is found within another district, the court within whose jurisdiction he is found may cause him to be brought before it and shall, unless authorized to proceed in the case, send him in custody to the court within whose jurisdiction the offence is alleged to have been committed, or require him to give security for his surrender to that court there to answer the charge and to be dealt with according to law.' (emphasis added)

See however section 67(1) of the Criminal Procedure Code (Ch. 7) which states (in part): 

'Whenever it is made to appear to the High Court – 

[…] 

(d) that an order under this section will tend to the general convenience of the parties or witnesses; or 

(e)  that such an order is expedient for the ends of justice or is required by any provision of this Code; 

it may order – 

(i)     that any offence be inquired into or tried by any court not empowered under the proceeding sections of the Part [Part IV -- 'Provisions Relating To All Criminal Investigations And Proceedings'] but in other respects competent to inquire into or try such offence; or 

(ii)  that any particular criminal case or class of cases be transferred from a Magistrates' Court to any other Magistrates' Court; or

(iii) that an accused person be committed for trial to itself.' (emphasis added) [words in brackets added]

See also sections 55, 59, 60, 61, 62, 63, 65 & 66 of the Criminal Procedure Code (Ch. 7) & sections 9 & 28 of the Magistrates' Courts Act (Ch. 20) & section 6 of the Penal Code (Ch. 26).

See however sections 137 to 140 & 310 of the Criminal Procedure Code (Ch. 7). 

[2.4]                 Local Court 

Section 2(1) of the Local Courts Act (Ch. 19) enables the establishment of 'Local Courts'. That section states: 

'By warrant under his hand the Chief Justice may establish in Solomon Islands such local courts as he shall think fit which shall exercise over Islanders within such limits as may be defined by such warrant the jurisdiction therein defined and such jurisdiction as may be conferred by any Act on local courts generally.' (emphasis added) 

Section 7 of the Local Courts Act (Ch. 19) states: 

'The criminal jurisdiction of a local court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all criminal charges and matters in which any Islander is accused of having wholly or in part within the jurisdiction of the court, committed or been accessory to the committing of an offence against an Islander.' (emphasis added) 

Section 17(1) of the Interpretation & General Provisions Act (Ch. 85) states:

'In every Act, except where it is otherwise expressly provided or by necessary implication otherwise required, "Islander" means –

(a)       any person both of whose parents are or were members of a group, tribe or line indigenous to Solomon Islands; or

(b)       any other person at least one of whose parents or ancestors was a member of a race, group, tribe or line indigenous to any island of Melanesia, Micronesia or Polynesia and who is living in Solomon Islands in the customary mode of life of any such race, group, tribe or line.' (emphasis added)

The 'criminal jurisdiction' of each Local Court is specified in the Warrant which is issued under section 2 of the Local Courts Act (Ch. 19) and the Local Courts (Criminal Jurisdiction) Order issued pursuant to section 17 of that Act. 

Section 28 of the Local Courts Act (Ch. 19) provides that appeals in respect of criminal matters are to be heard in the Magistrates' Court. 

[2.5]                 Juvenile Court