Kiribati > Criminal and penal law

Kiribati - Criminal and penal law - Law, Act

Penal Code (Amendment) Act 2019 (No. 3 of 2019). -

Adoption: 2019-04-15 | KIR-2019-L-113884

Kiribati - Criminal and penal law - Law, Act

Juvenile Justice Act 2015 (No. of 2015). -

Adoption: 2015-12-24 | KIR-2015-L-102531

The intent of the Act is to set up a juvenile justice system that - (i) prevent crime by addressing the circumstances underlying a juvenile's offending behaviour, (ii) rehabilitate juveniles who commit offences and reintegrate them into society, and (iii) ensure that a juvenile is subject to meaningful consequences for his or her offence in order to promote the long term protection of the public.

Repeals Section 26 of the Magistrates' Courts Ordinance, Cap 52.

Kiribati - Criminal and penal law - Law, Act

Te Rau N Te Mwenga Act 2014 (No. 1 of 2014). (Family Peace Act) -

Adoption: 2014-12-10 | KIR-2014-L-102529

The Act provides for the protection of victims of domestic violence and the prevention and elimination of domestic violence.

Kiribati - Criminal and penal law - Law, Act

Police Service Act 2008 (No. 15 of 2008). -

Adoption: 2008-12-23 | KIR-2008-L-102533

Kiribati - Criminal and penal law - Law, Act

Criminal Procedure (Amendment) Act 2005 (No. 13 of 2005). -

Adoption: 2005-12-29 | KIR-2005-L-80035

The amendment to section 15 of the Criminal Procedure Code seeks to empower police officers for the purpose of preventing or detecting commission of offence to enter without warrant and board any vessel and may search and may break open any receptacle, and upon discovery of the person suspected to have committed an offence, or is involved in the commission of the offence or upon discovery of a victim of the offence committed or likely to be committed may take possession of that person involved in the commission of the offence, or a victim of the offence, and may also detain the person who has committed or likely to commit an offence against the victim, or in whose care or custody the victim of the offence being committed or likely to be committed is found. The police officer needs to consult his or her immediate senior officer before exercising the power under this section.

Kiribati - Criminal and penal law - Law, Act

Evidence Act, 2003 (No. 5 of 2003). -

Adoption: 2003-12-19 | KIR-2003-L-84054

There is a need for an up to date Evidence Act for Kiribati, because the present evidence law is stuck with the pre 1961 U K law. There has been significant progress in legal thinking about admissible evidence; there have been remarkable advances in copying, computer and telecommunications technology; new attitudes have developed about the reliability of the word of young people and women; new social circumstances have produced different kinds of anti-social behaviour. All of these changes since 1961 require new kinds of rules for the admission of evidence in Courts. The U K has modernised its statutory evidence law, but these changes do not affect Kiribati law because the date of receipt of U K law here is 1961.

Kiribati - Criminal and penal law - Law, Act

Mutual Assistance in Criminal Matters Act, 2003 (No. 6 of 2003). -

Adoption: 2003-12-19 | KIR-2003-L-84055

The Mutual Assistance in Criminal Matters Act 2003 implements, for Kiribati, part of an agreement made between the law officers of the Pacific Islands nations at Honiara in 1992. Its objects, as set out in clause 3, include:
- regulating the provision of assistance between Kiribati and foreign countries in connection with taking evidence, issuing search warrants, and making and enforcing orders under a foreign law relating to the forfeiture of proceeds of crime;
- making arrangements for persons to travel from or to Kiribati to give evidence in a criminal proceeding, or to assist in a criminal investigation.

Kiribati - Criminal and penal law - Law, Act

Proceeds of Crime Act, 2003 (No. 8 of 2003). -

Adoption: 2003-12-19 | KIR-2003-L-84060

The Proceeds of Crime Act 2003 implements, for Kiribati, part of an agreement made between the law officers of the Pacific Islands nations at Honiara in 1992. Its objects, as set out in clause 2, include: making provision to deprive criminals of the proceeds of crime; making various ancillary provisions to provide for tracing the proceeds of crime; and creating the offence of money-laundering.

Kiribati - Criminal and penal law - Law, Act

Extradition Act, 2003 (No. 7 of 2003). -

Adoption: 2003-12-19 | KIR-2003-L-84061

This Act is based on a Model Extradition Law developed to assist in providing a uniform approach to extradition among Pacific Island countries. The principles on which the Model Law was based were endorsed at the 1995 Pre-Forum Officials Committee meeting, and the Model Law was tabled at the 1999 Pacific Island Law Officers Meeting in Madang. Kiribati was present at both meetings.

This Act has a number of purposes:
(a) to modernise the extradition law of Kiribati in line with developments in global extradition practice;
(b) to reflect developments in the Commonwealth London Scheme for the Rendition of Fugitive Offenders and the United Nations General Assembly adoption of the United Nations Model treaty on Extradition;
(c) to facilitate the surrender by Kiribati of persons wanted in another country to stand trial for, or serve a sentence imposed for, an offence committed in that country;
(d) to facilitate the making of requests to other countries for the surrender of persons wanted in Kiribati to stand trial for, or serve a sentence imposed for, an offence committed in Kiribati.

Kiribati - Criminal and penal law - Law, Act

Penal Code (Amendment) Act, 2001 (No. 15 of 2001). -

Adoption: 2001 | KIR-2001-L-84063

This short Act seeks to amend the Penal Code with a view to empower the Court to admit as evidence in court any document whether it is an original or a copy of the original as the case may be in a criminal prosecution of a person who has been charged with larceny or theft of document specified under section 256.
It is also proposed that a person possessing a copy of a document under this section once amended will give rise to an inference that such person has stolen the document unless he displaces the inference by adducing contrary evidence.
Under this section 256 of the Penal Code, it would seem that no offence of theft of a document is committed if the offender steals only a copy of such document in question. However, the advance in modern photocopying technology does not appear to support such distinction between an original document or a copy of the document as a photocopied document in most if not all cases looks just as good as an original document.
Furthermore whether the offender steals an original document or a copy of such document, such theft of the document is still a theft of the same document. It might be the case also that such copy is the only copy available.
Hence the deletion of the word "original" as appears throughout section 256 of the Penal Code (Section 2 of the Act).

Kiribati - Criminal and penal law - Law, Act

Penal Code (Amendment) Act, 1999 (No. 11 of 1999). -

Adoption: 1999-03-21 | KIR-1999-L-84068

This section deals with the basic crime of causing property damage which now carries a penalty of 2 years and unlimited fine which shall not be excessive. It will be seen therefore that the proposed change however seeks to increase the penalty to a fine of $5000 or to imprisonment for 5 years or both in section 319(1).
New section 319(2) creates a new offence of damaging property of which property damage is likely to put at risk the safety of any person. This will cover in clear and simple terms the situation of offenders who destroy property of value and importance to the community, which is for the public good, like street signs and navigation lights. The penalty here will be a maximum of $20,000 and 20 years in prison or both.
New section 319(3) concerns damage to special property like public registries, title deeds and wills. This repeats the old section 319(4) and (7) but increases the penalty from 14 years to $25,000 or imprisonment for 20 years or both.
Section 319(4) is the most serious level of property damage, where the damage has the consequence of endangering life. In this case the maximum penalty is $30,000 or 25 years prison or both.
Clause 319(5) deals with attempts to destroy or damage property and as such the penalties provided under this subclause are less severe than those provided in section 319(1), (2), (3) and (4).

Kiribati - Criminal and penal law - Law, Act

Criminal Procedure Code (Cap. 17) revised edition 1977. -

Adoption: 1977 | KIR-1977-L-70699

Kiribati - Criminal and penal law - Law, Act

Penal Code [Cap. 67]. -

Adoption: 1965 | Date of entry into force: 1965-10-18 | KIR-1965-L-70701