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Solomon Islands Consolidated Legislation |
LAWS OF SOLOMON ISLANDS
CHAPTER 26
ARRANGEMENT OF SECTIONS
SECTION
PART
I
PRELIMINARY
1. SHORT TITLE
2. SAVING OF
CERTAIN LAWS
PART
II
INTERPRETATION
3. GENERAL RULE OF
CONSTRUCTION OF CODE
4. INTERPRETATION
PART III
TERRITORIAL APPLICATION OF THIS CODE
5. APPLICATION OF CODE
6.
OFFENCES COMMITTED PARTLY WITHIN AND PARTLY BEYOND THE JURISDICTION
PART IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
7. IGNORANCE OF LAW
8. BONA
FIDE CLAIM OF RIGHT
9. INTENTION
10. MISTAKE OF FACT
11. PRESUMPTION OF
SANITY
12. INSANITY
13. INTOXICATION
14. IMMATURE AGE
15. JUDICIAL
OFFICERS
16. COMPULSION
17. DEFENCE OF PERSON OR PROPERTY
18. USE OF
FORCE IN EFFECTING ARREST
19. COMPULSION BY SPOUSE
20. PERSON NOT TO BE
PUNISHED TWICE FOR SAME OFFENCE
PART
V
PARTIES TO OFFENCES
21. PRINCIPAL OFFENDERS
22.
OFFENCES COMMITTED BY JOINT OFFENDERS IN PROSECUTION OF COMMON PURPOSE
23.
COUNSELLING ANOTHER TO COMMIT AN OFFENCE
PART
VI
PUNISHMENTS
24. IMPRISONMENT
25.
FINES
26. IMPRISONMENT IN DEFAULT OF PAYMENT OF FINE
27.
COMPENSATION
28. DISTRESS
29. SUSPENSION OF EXECUTION OF SENTENCE OF
IMPRISONMENT IN DEFAULT OF A FINE
30. COMMITMENT IN LIEU OF DISTRESS
31.
PAYMENT AFTER COMMITMENT
32. SECURITY FOR KEEPING THE PEACE
33. SECURITY
FOR COMING UP FOR JUDGEMENT
34. PROVISIONS OF CRIMINAL PROCEDURE CODE
RELATING TO RECOGNISANCE TO APPLY
35. DISCHARGE OF OFFENDER WITHOUT
PUNISHMENT
36. COMMITTAL OF OFFENDERS UNDER THE AGE OF SIXTEEN TO CARE OF FIT
PERSONS; BINDING OVER PARENT OR GUARDIAN TO EXERCISE PROPER CARE
37.
INTERPRETATION OF "CARE, PROTECTION OR CONTROL" AND "FIT PERSON"
38. PAYMENT
OF FINE OR COMPENSATION BY PARENT OR GUARDIAN OF OFFENDER UNDER SIXTEEN YEARS OF
AGE
39. ISSUE OF WARRANTS AND ERRORS IN ORDERS OR WARRANTS
40. POLICE
SUPERVISION
41. GENERAL PUNISHMENT FOR MISDEMEANOURS
42. ESCAPED CONVICTS
TO SERVE UNEXPIRED SENTENCES WHEN RECAPTURED
43. FORFEITURE
44. SUSPENDED
SENTENCES
45. SUBSEQUENT OFFENCE DURING PERIOD SENTENCE IS SUSPENDED
46.
DISCOVERY OF FURTHER OFFENCE
47. SUSPENDED SENTENCE SUPERVISION ORDER
PART
VII
OFFENCES AGAINST PUBLIC
ORDER
48. TREASON BY THE LAW OF
ENGLAND
49. INSTIGATING INVASION
50. CONCEALMENT OF TREASON
51.
TREASONABLE FELONIES
52. GENOCIDE
53. LIMITATIONS AS TO TRIAL FOR TREASON,
MISPRISION OF TREASON, OR TREASONABLE FELONIES
54. INCITING TO MUTINY
55.
AIDING SOLDIERS OR POLICEMEN IN ACTS OF MUTINY
56. INDUCING SOLDIERS OR
POLICEMEN TO DESERT
57. AIDING PRISONERS OF WAR TO ESCAPE
58. DEFINITION
OF OVERT ACTS
59. UNLAWFUL OATHS TO COMMIT MURDER
60. OTHER UNLAWFUL OATHS
TO COMMIT OFFENCES
61. COMPULSION, HOW FAR A DEFENCE
62. UNLAWFUL
DRILLING
63. SPREADING FALSE RUMOURS, ETC.
PART
VIII
OFFENCES AFFECTING RELATIONS
WITH FOREIGN
STATES AND EXTERNAL
TRANQUILLITY
64. DEFAMATION OF FOREIGN
PRINCES
65. PIRACY
PART
IX
UNLAWFUL ASSEMBLIES, RIOTS AND
OTHER OFFENCES
AGAINST PUBLIC
TRANQUILLITY
66. UNLAWFUL SOCIETY
67.
MANAGING UNLAWFUL SOCIETY
68. BEING MEMBER OF UNLAWFUL SOCIETY
69.
PROSECUTIONS UNDER SECTIONS 67 AND 68
70. POWER OF ENTRY, ARREST, SEARCH,
ETC.
71. DECLARATION BY GOVERNOR-GENERAL
72. FORFEITURE OF INSIGNIA,
ETC.
73. DEFINITIONS, UNLAWFUL ASSEMBLY, RIOT
74. PUNISHMENT OF UNLAWFUL
ASSEMBLY
75. PUNISHMENT OF RIOT
76. MAKING PROCLAMATION FOR RIOTERS TO
DISPERSE
77. DISPERSION OF RIOTERS AFTER PROCLAMATION MADE
78. RIOTING
AFTER PROCLAMATION
79. PREVENTING OR OBSTRUCTING THE MAKING OF
PROCLAMATION
80. RIOTERS DEMOLISHING BUILDINGS, ETC.
81. RIOTERS INJURING
BUILDINGS, MACHINERY, ETC.
82. RIOTOUSLY INTERFERING WITH AIRCRAFT, VEHICLE
OR VESSEL
83. GOING ARMED IN PUBLIC
84. POSSESSION OF WEAPON
85.
FORCIBLE ENTRY
86. FORCIBLE DETAINER
87. AFFRAY
88. CHALLENGE TO FIGHT
A DUEL
89. THREATENING VIOLENCE
90. ASSEMBLING FOR THE PURPOSE OF
SMUGGLING
PART
X
CORRUPTION AND THE ABUSE OF
OFFICE
91. OFFICIAL CORRUPTION
92.
EXTORTION BY PUBLIC OFFICERS
93. PUBLIC OFFICERS RECEIVING PROPERTY TO SHOW
FAVOUR
94. OFFICERS CHARGED WITH ADMINISTRATION OF PROPERTY OF A SPECIAL
CHARACTER OR WITH SPECIAL DUTIES
95. FALSE CLAIMS BY OFFICIALS
96. ABUSE
OF OFFICE
97. FALSE CERTIFICATES BY PUBLIC OFFICERS
98. UNAUTHORISED
ADMINISTRATION OF OATHS
99. FALSE ASSUMPTION OF AUTHORITY
100. PERSONATING
PUBLIC OFFICERS
101. THREAT OF INJURY TO PERSONS EMPLOYED IN PUBLIC
SERVICE
PART
XI
PERJURY AND FALSE STATEMENTS AND
DECLARATIONS
102. PERJURY
103. FALSE
STATEMENTS ON OATH MADE OTHERWISE THAN IN A JUDICIAL PROCEEDING
104. FALSE
STATEMENTS, ETC., WITH REFERENCE TO MARRIAGE
105. FALSE STATEMENTS, ETC., AS
TO BIRTHS AND DEATHS
106. FALSE STATUTORY DECLARATIONS AND OTHER FALSE
STATEMENTS WITHOUT OATH
107. FALSE DECLARATIONS, ETC., TO OBTAIN
REGISTRATION, ETC., FOR CARRYING ON A VOCATION
108. AIDERS, ABETTORS,
SUBORNERS, ETC.
109. CORROBORATION
110. FABRICATING EVIDENCE
111.
INCONSISTENT OR CONTRADICTORY STATEMENT
112. PROOF CERTAIN PROCEEDINGS ON
WHICH PERJURY IS ASSIGNED
113. FORMS AND CEREMONIES OF OATH
IMMATERIAL
PART
XII
OTHER OFFENCES RELATING TO THE
ADMINISTRATION OF JUSTICE
114. DECEIVING WITNESS
115.
DESTROYING EVIDENCE
116. CONSPIRACY TO DEFEAT JUSTICE AND INTERFERENCE WITH
WITNESSES
117. COMPOUNDING FELONIES
118. COMPOUNDING PENAL ACTIONS
119.
ADVERTISEMENTS FOR STOLEN PROPERTY
120. CORRUPTLY TAKING A REWARD
121.
OFFENCES RELATING TO JUDICIAL PROCEEDINGS
122. BRIBE OR ATTEMPT TO
BRIBE
123. INJURY, DAMAGE OR THREAT
PART
XIII
RESCUES AND ESCAPES AND
OBSTRUCTING OFFICERS OF COURT
124. RESCUE
125. RESISTING
ARREST AND ESCAPE
126. AIDING PRISONERS TO ESCAPE
127. REMOVAL, ETC., OF
PROPERTY UNDER LAWFUL SEIZURE
128. OBSTRUCTING COURT OFFICERS
PART
XIV
MISCELLANEOUS OFFENCES AGAINST
PUBLIC AUTHORITY
129. FRAUDS AND BREACHES OF
TRUST BY PERSON IN THE PUBLIC SERVICE
130. FALSE INFORMATION TO PUBLIC
SERVANT
PART
XV
OFFENCES RELATING TO
RELIGION
131. INSULT TO RELIGION OF ANY
CLASS
132. DISTURBING RELIGIOUS ASSEMBLIES
133. TRESPASSING ON BURIAL
PLACES
134. HINDERING BURIAL OF DEAD BODY, ETC.
135. WRITING OR UTTERING
WORD WITH INTENT TO WOUND RELIGIOUS FEELINGS
PART
XVI
OFFENCES AGAINST
MORALITY
136. DEFINITION OF
RAPE
137. PUNISHMENT OF RAPE
138. ATTEMPT
139. ABDUCTION
140.
ABDUCTION OF GIRL UNDER EIGHTEEN YEARS OF AGE WITH INTENT TO HAVE SEXUAL
INTERCOURSE
141. INDECENT ASSAULTS ON FEMALES
142. DEFILEMENT OF GIRL
UNDER THIRTEEN YEARS OF AGE
143. DEFILEMENT OF A GIRL BETWEEN THIRTEEN AND
FIFTEEN YEARS OF AGE, OR OF IDIOT OR IMBECILE
144. PROCURATION
145.
PROCURING DEFILEMENT OF WOMAN BY THREATS OR FRAUD OR ADMINISTERING DRUGS
146.
HOUSEHOLDER PERMITTING DEFILEMENT OF GIRL UNDER THIRTEEN YEARS OF AGE ON HIS
PREMISES
147. HOUSEHOLDER PERMITTING DEFILEMENT OF GIRL UNDER FIFTEEN YEARS
OF AGE ON HIS PREMISES
148. DETENTION WITH INTENT OR IN A BROTHEL
149.
DISPOSING OF MINORS UNDER THE AGE OF FIFTEEN YEARS FOR IMMORAL PURPOSES
150.
OBTAINING MINORS UNDER ME AGE OF FIFTEEN YEARS FOR IMMORAL PURPOSES
151.
POWER OF SEARCH
152. AUTHORITY OF COURT AS TO CUSTODY OF GIRLS
153. LIVING
ON EARNINGS OF PROSTITUTION OR AIDING PROSTITUTION
154. SUSPICIOUS
PREMISES
155. BROTHELS
156. CONSPIRACY TO DEFILE
157. ATTEMPTS TO
PROCURE ABORTION
158. THE LIKE BY WOMAN WITH CHILD
159. SUPPLYING DRUGS OR
INSTRUMENTS TO PROCURE ABORTION
160. UNNATURAL OFFENCES
161. ATTEMPTS TO
COMMIT UNNATURAL OFFENCES AND INDECENT ASSAULTS
162. INDECENT PRACTICES
BETWEEN PERSONS OF THE SAME SEX
163. INCEST BY MALES
104. INCEST BY
FEMALES
165. TEST OF RELATIONSHIP
166. SANCTION OF DIRECTOR OF PUBLIC
PROSECUTIONS
167. KNOWLEDGE OF AGE OF FEMALE IMMATERIAL
168. DEFINITION OF
SEXUAL INTERCOURSE
PART
XVII
OFFENCES RELATING TO
MARRIAGE
169. FRAUDULENT PRETENCES OF
MARRIAGE
170. BIGAMY
171. MARRIAGE CEREMONY FRAUDULENTLY GONE THROUGH
WITHOUT LAWFUL MARRIAGE
PART
XVIII
NUISANCES AND OTHER
MISCELLANEOUS OFFENCES
172. COMMON NUISANCE
173.
TRAFFIC IN OBSCENE PUBLICATIONS
174. POSSESSION OF OBSCENE VIDEO TAPE OR
PHOTOGRAPH
175. IDLE AND DISORDERLY PERSONS
176. ROGUES AND
VAGABONDS
177. PERSONS CONVICTED UNDER SECTIONS 175 OR 176 SUBJECT TO
SUPERVISION
178. OFFENCES IN PUBLIC WAYS, ETC.
179. DRUNK AND
INCAPABLE
180. SHOUTING, ETC., IN TOWN
181. POLLUTING OR OBSTRUCTING
WATERCOURSES
182. POSTING PLACARDS, ETC., ON WALLS WITHOUT CONSENT OF
OWNER
183. DANGEROUS DOGS AND OTHER ANIMALS
184. WEARING OF UNIFORM
WITHOUT AUTHORITY PROHIBITED
185. NEGLIGENT ACT LIKELY TO SPREAD INFECTION OF
DISEASE DANGEROUS TO LIFE
186. FOULING AIR
187. OFFENSIVE TRADES
188.
ENDANGERING PROPERTY WITH FIRE, ETC.
189. CRIMINAL TRESPASS
190.
SORCERY
PART
XIX
DEFAMATION
191. DEFINITION OF
LIBEL
192. DEFINITION OF DEFAMATORY MATTER
193. DEFINITION OF
PUBLICATION
194. DEFINITION OF UNLAWFUL PUBLICATION
195. CASES IN WHICH
PUBLICATION OF DEFAMATORY MATTER IS ABSOLUTELY PRIVILEGED
196. CASES IN WHICH
PUBLICATION OF DEFAMATORY MATTER IS CONDITIONALLY PRIVILEGED
197. EXPLANATION
AS TO GOOD FAITH
198. PRESUMPTION AS TO GOOD FAITH
PART
XX
MURDER AND
MANSLAUGHTER
199. MANSLAUGHTER
200.
MURDER
201. KILLING IN THE COURSE OF ANOTHER OFFENCE
202. MALICE
AFORETHOUGHT
203. PERSONS SUFFERING FROM DIMINISHED RESPONSIBILITY
204.
CASES IN WHICH INTENTIONAL HOMICIDE IS REDUCED TO MANSLAUGHTER
205.
PROVOCATION
206. INFANTICIDE
207. CAUSING DEATH DEFINED
208. WHEN CHILD
DEEMED TO BE A PERSON
209. LIMITATION AS TO TIME OF DEATH
PART
XXI
DUTIES RELATING TO THE
PRESERVATION OF LIFE AND HEALTH
210. RESPONSIBILITY OF PERSON
WHO HAS CHARGE OF ANOTHER
211. DUTY OF HEAD OF FAMILY
212. DUTY OF
MASTERS
213. DUTY OF PERSONS DOING DANGEROUS ACTS
214. DUTY OF PERSONS IN
CHARGE OF DANGEROUS THINGS
PART
XXII
OFFENCES CONNECTED WITH MURDER
AND SUICIDE
215. ATTEMPT TO MURDER
216.
ACCESSORY AFTER THE FACT TO MURDER
217. WRITTEN THREATS TO MURDER
218.
CONSPIRACY TO MURDER
219. COMPLICITY IN ANOTHER'S SUICIDE
120. CONCEALING
THE BIRTH OF CHILDREN
221. KILLING AN UNBORN CHILD
PART
XXIII
OFFENCES ENDANGERING LIFE AND
HEALTH
222. DISABLING IN ORDER TO
COMMIT FELONY OR MISDEMEANOUR
223. STUPEFYING IN ORDER TO COMMIT FELONY OR
MISDEMEANOUR
224. ACTS INTENDED TO CAUSE GRIEVOUS HARM OR PREVENT
ARREST
225. PREVENTING ESCAPE FROM WRECK
226. GRIEVOUS HARM
227.
ATTEMPTING TO INJURE BY EXPLOSIVE SUBSTANCES
228. MALICIOUSLY ADMINISTERING
POISON WITH INTENT TO HARM
229. UNLAWFUL WOUNDING
230. UNLAWFUL
POISONING
231. INTIMIDATION AND MOLESTATION
232. FAILURE TO SUPPLY
NECESSARIES
233. CRUELTY TO CHILDREN
234. SURGICAL OPERATION
235.
EXCESS OF FORCE
236. CONSENT
PART
XXIV
CRIMINAL
RECKLESSNESS AND NEGLIGENCE
237. RECKLESS AND NEGLIGENT
ACTS
238 OTHER NEGLIGENT ACTS CAUSING HARM
239. DEALING IN POISONOUS
SUBSTANCES IN NEGLIGENT MANNER
240. ENDANGERING SAFETY OF PERSONS TRAVELLING
BY AIRCRAFT, VEHICLE OR VESSEL
241. EXHIBITION OF FALSE LIGHT, MARK OR
BUOY
242. CONVEYING PERSON BY WATER FOR HIRE IN UNSAFE OR OVERLOADED
VESSEL
243. DANGER OR OBSTRUCTION IN PUBLIC WAY OR LINE OF NAVIGATION
PART
XXV
ASSAULTS
244. COMMON ASSAULTS
245.
ASSAULTS CAUSING ACTUAL BODILY HARM
246. ASSAULTS ON MAGISTRATES AND OTHER
PERSONS PROTECTING WRECK
247. ASSAULTS PUNISHABLE WITH TWO YEARS'
IMPRISONMENT
PART
XXVI
OFFENCES AGAINST
LIBERTY
248. DEFINITION OF KIDNAPPING
AND ABDUCTION
249. PUNISHMENT FOR KIDNAPPING
250. KIDNAPPING OR ABDUCTING
WITH INTENT TO CONFINE PERSON
251. KIDNAPPING OR ABDUCTING IN ORDER TO
SUBJECT PERSON TO GRIEVOUS HARM, SLAVERY, ETC.
252. WRONGFULLY CONCEALING OR
KEEPING IN CONFINEMENT KIDNAPPED OR ABDUCTED PERSON
253. CHILD
STEALING
254. ABDUCTION OF GIRLS UNDER FIFTEEN
255. PUNISHMENT FOR
WRONGFUL CONFINEMENT
256. UNLAWFUL COMPULSORY LABOUR
PART
XXVII
LARCENY, EMBEZZLEMENT AND
CONVERSION
257. THINGS CAPABLE OF BEING
STOLEN
258. DEFINITION OF THEFT
259. STEALING AND EMBEZZLEMENT BY
CO-PARTNERS, ETC.
260. HUSBAND AND WIFE
261. GENERAL PUNISHMENT FOR
THEFT
262. LARCENY OF WILL
263. LARCENY OF DOCUMENTS OF TITLE AND OTHER
LEGAL DOCUMENTS
264. LARCENY OF ELECTRICITY
265. LARCENY OF
MINERALS
266. LARCENY OF POSTAL PACKETS
267. EMBEZZLEMENT BY OFFICER OF
POST OFFICE
268. DEFINITIONS RELATING TO LARCENY AND EMBEZZLEMENT OF POSTAL
PACKETS
269. LARCENY IN DWELLING-HOUSE
270. LARCENY FROM PERSON
271.
LARCENY FROM SHIP, DOCK, ETC.
272. LARCENY BY TENANT OR LODGER
273.
LARCENY AND EMBEZZLEMENT BY CLERKS OR SERVANTS
274. LARCENY OF CATTLE
275.
LARCENY OF DOG
276. LARCENY OF CREATURES NOT THE SUBJECT OF LARCENY AT COMMON
LAW
277. LARCENY OF FISH
278. CONVERSION
PART
XXVIII
STEALING AND DAMAGING TREES,
FIXTURES ETC.
279. LARCENY OF TREES
280.
LARCENY OF FENCES
281. LARCENY OF FRUIT AND VEGETABLES
282. DAMAGING
FIXTURES, TREES, ETC., WITH INTENT TO STEAL
PART
XXIX
OTHER OFFENCES ALLIED TO
STEALING
283. FRAUDULENT DESTRUCTION OF
DOCUMENTS
284. FRAUDULENT DESTRUCTION OF DOCUMENTS OF TITLE
285.
FRAUDULENT DESTRUCTION OF WILLS
286. FRAUDULENT DESTRUCTION OF RECORD, WRIT,
ETC.
287. MINERS REMOVING MINERALS
288. KILLING TAME BIRDS, ETC.
289.
KILLING ANIMALS WITH INTENT TO STEAL
290. LARCENY OF OR DREDGING FOR
OYSTERS
291. FACTORS OBTAINING ADVANCES ON THE PROPERTY OF THEIR
PRINCIPALS
292. UNLAWFUL USE OF VEHICLES, ANIMALS, ETC.
PART
XXX
ROBBERY AND EXTORTION
293. ROBBERY
294. DEMANDING
MONEY, ETC., WITH MENACES
295. DEMANDING WITH MENACES THINGS CAPABLE OF BEING
STOLEN
296. THREATENING TO PUBLISH WITH INTENT TO EXTORT
PART
XXXI
BURGLARY, HOUSEBREAKING AND
SIMILAR OFFENCES
297. DEFINITIONS OF BREAKING
AND ENTERING
298. SACRILEGE
299. BURGLARY
300. HOUSEBREAKING AND
COMMITTING FELONY
301. HOUSEBREAKING WITH INTENT TO COMMIT FELONY
302.
BEING FOUND BY NIGHT ARMED OR IN POSSESSION OF HOUSEBREAKING IMPLEMENTS
303.
FORFEITURE OF INSTRUMENTS
PART
XXXII
FRAUDS BY TRUSTEES AND PERSONS
IN A
POSITION OF TRUST AND FALSE
ACCOUNTING
304. CONVERSION BY
TRUSTEE
305. DIRECTOR, ETC., OF ANY BODY CORPORATE OR PUBLIC COMPANY WILFULLY
DESTROYING BOOKS, ETC.
306. FRAUDULENT FALSIFICATION OF ACCOUNTS
PART
XXXIII
FALSE PRETENCES
307. DEFINITION OF FALSE
PRETENCE
308. FALSE PRETENCES
309. OBTAINING CREDIT BY FALSE
PRETENCES
310. PRETENDING TO TELL FORTUNES
311. OBTAINING REGISTRATION,
ETC., BY FALSE PRETENCE
312. FALSE DECLARATION FOR PASSPORT
PART
XXXIV
RECEIVING PROPERTY STOLEN OR
UNLAWFULLY OBTAINED AND LIKE OFFENCES
313. RECEIVING
314.
RECEIVING GOODS STOLEN OUTSIDE SOLOMON ISLANDS
315. POWER OF MINISTER TO
NOTIFY APPLIED MARKS FOR PUBLIC STORES
316. TRACING POSSESSION AND PENALTY
FOR UNLAWFUL POSSESSION
317. EVIDENCE ON CHARGE OF RECEIVING
318.
COMPULSORY DISCLOSURES NOT TO AFFORD EVIDENCE
PART
XXXV
OFFENCES INVOLVING INJURY TO
PROPERTY
319. ARSON
320. ATTEMPTS TO
COMMIT ARSON
321. SETTING FIRE TO CROPS AND GROWING PLANTS
322. ATTEMPTING
TO SET FIRE TO CROPS. ETC.
323. CASTING AWAY VESSELS
324. ATTEMPTS TO CAST
AWAY VESSELS
325. INJURING ANIMALS
326. PUNISHMENT FOR MALICIOUS INJURIES
IN GENERAL AND IN SPECIAL CASES
327. ATTEMPTS TO DESTROY PROPERTY BY
EXPLOSIVES
328. COMMUNICATING INFECTIOUS DISEASES TO ANIMALS
329. REMOVING
BOUNDARY MARKS WITH INTENT TO DEFRAUD
330. WILFUL DAMAGE, ETC., T0 SURVEY AND
BOUNDARY MARKS
331. THREATS TO BURN, ETC.
PART
XXXVI
FORGERY, COINING,
COUNTERFEITING AND SIMILAR OFFENCES
332. DEFINITIONS FOR PURPOSES
OF SECTIONS RELATING TO FORGERY, ETC.
333. DEFINITION OF FORGERY
334.
FALSE DOCUMENT
335. INTENT TO DEFRAUD
336. FORGERY OF CERTAIN DOCUMENTS
WITH INTENT TO DEFRAUD
337. FORGERY OF CERTAIN DOCUMENTS WITH INTENT TO
DEFRAUD OR DECEIVE
338. FORGING COPIES OF CERTIFICATES OF RECORDS
339.
FORGING REGISTERS OF BIRTHS, BAPTISMS, MARRIAGES, DEATHS OR BURIALS
340.
MAKING FALSE ENTRY IN COPIES OF REGISTER SENT TO REGISTRAR
341. FORGERY OF
OTHER DOCUMENTS WITH INTENT TO DEFRAUD OR DECEIVE A MISDEMEANOUR
342. FORGERY
OF SEALS AND DIES
343. UTTERING
344. UTTERING CANCELLED OR EXHAUSTED
DOCUMENTS
345. DEMANDING PROPERTY ON FORGED DOCUMENTS
346. POSSESSION OF
FORGED DOCUMENTS, SEALS AND DIES
347. MAKING OR HAVING IN POSSESSION PAPER OR
IMPLEMENTS FOR FORGERY
348. PURCHASING OR HAVING IN POSSESSION CERTAIN PAPER
BEFORE IT HAS BEEN STAMPED AND ISSUED
349. FALSIFYING WARRANTS FOR MONEY
PAYABLE UNDER PUBLIC AUTHORITY
350. PROCURING EXECUTION OF DOCUMENTS BY FALSE
PRETENCES
351. LETTER WRITTEN FOR CERTAIN PERSONS TO BE SIGNED, ETC., BY
WRITER
352. COUNTERFEITING
353. GILDING, SILVERING, FILING AND
ALTERING
354. IMPAIRING GOLD OR SILVER COIN AND UNLAWFUL POSSESSION OF
FILING, ETC.
355. UTTERING AND POSSESSION WITH INTENT TO UTTER
356. BUYING
OR SELLING, ETC., COUNTERFEIT COIN FOR LOWER VALUE THAN ITS DENOMINATION
357.
IMPORTING AND EXPORTING COUNTERFEIT COIN
358. MAKING, POSSESSING AND SELLING
MEDALS RESEMBLING GOLD OR SILVER COIN
359. MAKING, MENDING AND HAVING
POSSESSION OF COINING IMPLEMENTS
360. BREAKING UP COIN SUSPECTED TO BE
COUNTERFEIT
361. EVIDENCE OF COIN BEING COUNTERFEIT
362. DEFACING AND
UTTERING DEFACED COINS
363. MELTING DOWN OF CURRENCY
364. MUTILATING OR
DEFACING CURRENCY NOTES
365. IMITATION OF CURRENCY
366. FORFEITURE OF
FORGED BANK NOTES, CURRENCY NOTES, ETC.
PART
XXXVII
PERSONATION
367. PERSONATION IN
GENERAL
368. FALSELY ACKNOWLEDGING DEEDS, RECOGNISANCES, ETC.
369.
PERSONATION OF A PERSON NAMED IN A CERTIFICATE
370. LENDING, ETC.,
CERTIFICATE FOR PERSONATION
371. PERSONATION OF A PERSON NAMED IN A
TESTIMONIAL OF CHARACTER
372. LENDING, ETC., TESTIMONIAL FOR
PERSONATION
PART
XXXVIII
SECRET COMMISSIONS AND
CORRUPT PRACTICES
373. INTERPRETATION FOR
PURPOSES OF SECTIONS DEALING WITH CORRUPT PRACTICES, ETC.
374. CORRUPT
PRACTICES
375. SECRET COMMISSION ON GOVERNMENT CONTRACTS
376. PRESUMPTION
AS TO CORRUPT PRACTICES
377. CONSENT TO PROSECUTION
PART
XXXIX
ATTEMPTS
378. ATTEMPT DEFINED
379.
ATTEMPTS TO COMMIT OFFENCES
380. PUNISHMENT OF ATTEMPTS TO COMMIT CERTAIN
FELONIES
381. SOLICITING OR INCITING OTHERS TO COMMIT OFFENCE IN SOLOMON
ISLANDS OR ELSEWHERE
382. NEGLECT TO PREVENT FELONY
PART
XL
CONSPIRACIES
381. CONSPIRACY TO COMMIT
FELONY
384. CONSPIRACY TO COMMIT MISDEMEANOUR
385. OTHER
CONSPIRACIES
PART
XLI
ACCESSORIES AFTER THE
FACT
386. DEFINITION OF ACCESSORIES
AFTER THE FACT
387. PUNISHMENT OF ACCESSORIES AFTER THE FACT TO
FELONIES
-----------------------------
AN ACT TO ESTABLISH A CODE OF CRIMINAL LAW
[1st April 1963.]
12
of 1963
8 of 1965
2 of
1966
15 of
1966
5 of
1967
2 of
1970
11 of
1970
10 of
1971
1 of
1972
LN 46A of
1978
LN 88 of
1978
11 of
1986
5 of
1987
16 of
1987
17 of
1987
5 of
1989
17 of
1989
9 of
1990
PART I
PRELIMINARY
Short
title
1. This Act
(hereinafter referred to as this Code) may be cited as the Penal
Code.
Saving of certain
laws
LN 46A of
1978
2. Except as
hereinafter expressly provided nothing in this Code shall affect-
(a) the liability, trial or punishment of a person for an offence against the common law or against any other any other law in force in Solomon Islands other than this Code; or
(b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Solomon Islands relating to the jurisdiction of the High Court in respect of acts done beyond the limits of Solomon Islands; or
(c) the power of any Court to punish a person for contempt of such court; or
(d) the liability or trial of a person or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or
(e) any power of Her Majesty, or of the Governor-General as the representative of Her Majesty, to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or
(f) any of the Statutes, Ordinances, Regulations or Articles for the time being in force for the government of Her Majesty's naval, military or air forces, or the police forces of Solomon Islands:
Provided
that if a person does an act which is punishable under this Code and is also
punishable under another Act, Statute or other
law of any of the kinds mentioned
in this section, he shall not be punished for that act both under that Act,
Statute or law and
also under this Code.
PART II
INTERPRETATION
General
rule of construction of Code
Cap.
85
3. This Code shall be
interpreted in accordance with the Interpretation and General Provisions Act and
the principles of legal interpretation obtaining in England, and expressions
used in it shall be presumed, so far as is consistent
with their context, and
except as may be otherwise expressly provided, to be used with the meaning
attaching to them in English criminal
law and shall be construed in accordance
therewith.
Interpretation
LN
46A of 978
4. In this
Code, unless the context otherwise requires-
"Act" includes any Act of the Imperial Parliament having the force of law in Solomon Islands;
"court" means a court of competent jurisdiction;
"dangerous harm" means harm endangering life;
"document of title to goods" includes any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to;
"document of title to lands" includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate and to any interest in or out of any real estate and includes an instrument issued under the provision of the Land and Titles Act;
Cap. 133
"dwelling-house" includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house;
"felony" means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with imprisonment for three years or more;
"grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, membrane or sense;
"harm" means any bodily hurt, disease or disorder whether permanent or temporary;
"judicial proceeding" includes any proceeding had or taken in or before any court tribunal, commission of inquiry or person, in which evidence may be taken on oath;
"knowingly "used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;
"mail" includes every conveyance by which postal packets are carried, whether it be a vessel, car, coach, cart, horse or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the post office for the transmission of postal packets by contract or otherwise in respect of postal packets transmitted by the vessel;
"mailbag" includes a bag, box, parcel or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packet;
"maim" means the destruction or permanent disabling of any external or internal organ, member or sense;
"misdemeanour" means any offence which is not a felony;
"money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;
"night" or "night-time" means the interval between half-past six o'clock in the evening and half-past six o'clock in the morning;
"oath" includes affirmation or declaration and "swear" includes affirm or declare;
"offence" is an act, attempt or omission punishable by law;
"officer of the post office" includes the Comptroller of Posts and Telecommunications and any person employed in any business of the post office, whether employed by the Comptroller of Posts and Telecommunications or by any person under him or on behalf of the post office;
"person" and "owner", and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include Her Majesty;
LN 46A of 1978
"person employed in the public service" means any person holding any of the following offices or performing the duty thereof, whether as a deputy or otherwise, namely-
(i) any office to which a person is appointed or nominated by Act or by election; or
(ii) any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this section; or
(iii) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;
and the said term further includes-
(i) a Magistrate;
(ii) a member of a commission of inquiry appointed under or in pursuance of any Act;
(iii) any person employed to execute any process of a court;
(iv) all persons in the employment of any Department of the Government;
(v) a person acting as a minister of religion of whatsoever denomination, in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(vi) a person in the employ of a Council established under the Local Government Act;
11 of 1970, Sched
Cap. 117
"possession"-
(a) "be in possession of" or "have in possession" includes not only having in one's own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person;
(b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
"postal packet" means a letter, post card reply post-card, newspaper, book, packet, pattern or sample packet, or parcel, and every packet or article transmissible by post, and includes a cable message and a telegram;
"property" includes any description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
LN 46A 1978
"public" refers not only to all persons within Solomon Islands, but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;
"public place" or "public premises" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;
"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;
"publicly" when applied to acts done, means either-
(a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or
(b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;
"trustee" means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator or other like officer acting under any present or future Act relating to joint stock companies or bankruptcy;
"utter" includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;
"valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of Her Majesty's dominions, or any territory which is under Her Majesty's protection or in respect of which a mandate has been accepted by Her Majesty, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without Her Majesty's dominions, or any territory which is under Her Majesty's protection or in respect of which a trusteeship has been accepted by Her Majesty, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order or other security for the payment of money, or any authority or request for the payment of money or for the delivery or transfer of goods or chattels, or any accountable receipt, release or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods;
"vessel" includes any ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
PART III
TERRITORIAL APPLICATION OF THIS CODE
Application
of Code
LN 46A of
1978
5. Subject to the
provisions of this Code, this Code shall apply to every place within Solomon
Islands or within the territorial
limits thereof.
Offences
committed partly within and partly beyond the
jurisdiction.
6. When an
act which, if wholly done within the jurisdiction of the court, would be an
offence against this Code, is done partly within
and partly within and partly
beyond the jurisdiction, every person who within the jurisdiction does or makes
any part of such act
may be tried and punished under this Code in the same
manner as if such act had been done wholly within the jurisdiction.
PART IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
Ignorance
of law
7. Ignorance of
the law does not afford any excuse for any act or omission which would otherwise
constitute an offence unless knowledge
of the law by the offender is expressly
declared to be an element of the
offence.
Bona fide claim of
right
8. A person is not
criminally responsible in respect of an offence relating to property, if the act
done or omitted to be done by him
with respect to the property was done in the
exercise of an honest claim of right and without intention to
defraud.
Intention
9.
Subject to the express provisions of this Code relating to negligent acts and
omissions, a person is not criminally responsible for
an act or omission which
occurs independently of the exercise of his will, or for an event which occurs
by accident.
Unless the intention to cause a particular result is
expressly declared to be an element of the offence constituted, in whole or
part,
by an act or omission, the result intended to be caused by an act or
omission is immaterial.
Unless otherwise expressly declared, the motive
by which a person is induced to do or omit to do an act or to form an intention
is
immaterial so far as regards criminal
responsibility.
Mistake of
fact
10. A person who
does or omits to do an act under an honest and reasonable, but mistaken, belief
in the existence of any state of things
is not criminally responsible for the
act or omission to any greater extent than if the real state of things had been
such as he
believed to exist.
The operation of this rule may be excluded
by the express or implied provisions of the law relating to the
subject.
Presumption of
sanity
11. Every person
is presumed to be of sound mind, and to have been of sound mind at any time
which comes in question until the contrary
is
proved.
Insanity
12.
Subject to the express provisions of this Code and of any other law in force a
person shall not be criminally responsible for an
act or omission if at the time
of doing the act or making the omission he is through any disease affecting his
mind incapable of
understanding what he is doing or of knowing that he ought not
to do the act or make the omission:
Provided that a person may be
criminally responsible for an act or omission, although his mind is affected by
disease, if such disease
does not in fact produce upon his mind one or other of
the effects above mentioned in reference to that act or
omission.
Intoxication
13.-(1)
Save as provided in this section intoxication shall not constitute a defence to
any criminal charge.
(2) Intoxication shall be a defence to any criminal
charge if by reason thereof the person charged at the time of the act or
omission
complained of did not know that such act or omission was wrong or did
not know what he was doing and-
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3)
Where the defence under the preceding subsection is established, then in a case
falling under paragraph (a) thereof the accused
shall be discharged and in a
case falling under paragraph (b) the provisions of this Code and of the Criminal
Procedure Code relating to insanity shall
apply.
Cap. 7
(4)
Intoxication shall be taken into account for the purpose of determining whether
the person charged had formed any intention, specific
or otherwise, in the
absence of which he would not be guilty of the offence.
(5) For the
purpose of this section "intoxication" shall be deemed to include a state
produced by narcotics or
drugs.
Immature
age
14. A person under
the age of eight years is not criminally responsible for any act or
omission.
A person under the age of twelve years is not criminally
responsible for an act or omission, unless it is proved that at the time
of
doing the act or making the omission he had capacity to know that he ought not
to do the act or make the omission.
A male person under the age of twelve
years is presumed to be incapable of having sexual
intercourse.
Judicial
officers
15. Except as
expressly provided by this Code, a judicial officer is not criminally
responsible for anything done or omitted to be done
by him in the exercise of
his judicial functions, although the act done is in excess of his judicial
authority or although he is
bound to do the act omitted to be
done.
Compulsion
16.
A person is not criminally responsible for an offence if it is committed by two
or more offenders, and if the act is done or omitted
only because during the
whole of the time in which it is being done or omitted the person is compelled
to do or omit to do the act
by threats on the part of the other offender or
offenders instantly to kill him or do him grievous bodily harm if he refuses;
but
threats of future injury do not excuse any
offence.
Defence of person or
property
LN 46A of
1978
17. Subject to any
express provisions in this Code or any other law in operation in Solomon
Islands, criminal responsibility for the
use of force in the defence of person
or property shall be determined according to the principles of English common
law.
Use of force in effecting
arrest
18. Where any
person is charged with a criminal offence arising out of the lawful arrest, or
attempted arrest, by him of a person who
forcibly resists such arrest or
attempts to evade being arrested, the court shall, in considering whether the
means used were necessary,
or the degree of force used was reasonable, for the
apprehension of such person, have regard to the gravity of the offence which
had
been or was being committed by such person and the circumstances in which such
offence had been or was being committed by such
person.
Compulsion by
spouse
5 of 1989, s.
2
19. A married person is
not free from criminal responsibility for doing or omitting to do an act merely
because the act or omission takes
place in the presence of that person's spouse;
but on a charge against a married person for any offence other than treason or
murder,
it shall be a good defence to prove that the offence was committed in
the presence of and under the coercion of that person's
spouse.
Person not to be punished twice
for same offence
20. A
person cannot be punished twice either under the provisions twice of this Code
or under the provisions of any other law for the
same act or omission, except in
the case where the act or omission is such that by the means thereof he causes
the death of another
person, in which case he may be convicted of the offence of
which he is guilty by reason of causing such death, notwithstanding that
he has
already been convicted of some other offence constituted by the act or
omission.
PART V
PARTIES TO OFFENCES
Principal
offenders
21. When an
offence is committed, each of the follow persons is deemed to have taken part in
committing the offence and to be guilty
of the offence, and may be charged with
actually committing it, that is to say -
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
In the
last-mentioned case he may be charged either with committing the offence or with
counselling or procuring its commission.
A conviction of counselling or
procuring the commission of an offence entails the same consequences in all
respects as a conviction
of committing the offence.
Any person who
procures another to do or omit to do any act of such a nature that, if he had
himself done the act or made the omission,
the act or omission would have
constituted an offence on his part, is guilty of an offence of the same kind,
and is liable to the
same punishment, as if he had himself done the act or made
the omission; and he may be charged with doing the act or making the
omission.
Offences committed by joint
offenders in prosecution of common
purpose.
22. When two or
more persons form a common intention to prosecute an unlawful purpose in
conjunction with one another, and in the prosecution
of such purpose an offence
is committed of such a nature that its commission was a probable consequence of
the prosecution of such
purpose, each of them is deemed to have committed the
offence.
Counselling another to commit
an offence
23. When a
person counsels another to commit an offence, and an offence is actually
committed after such counsel by the person to whom
it is given, it is immaterial
whether the offence actually committed is the same as that counselled or a
different one, or whether
the offence is committed in the way counselled or in a
different way, provided in either case that the facts constituting the offence
actually committed are a probable consequence of carrying out the
counsel.
In either case the person who gave the counsel is deemed to have
counselled the other person to commit the offence actually committed
by
him.
If the facts constituting the offence actually committed are not a
probable consequence of carrying out the counsel, the person who
have gave the
counsel is not deemed to be responsible.
PART VI
PUNISHMENTS
Imprisonment
24.
(1) All imprisonment for an offence shall be without hard labour.
(2) A
person liable to imprisonment for life or any other period may be sentenced for
any shorter term.
(3) A person liable to imprisonment for an offence may
be sentenced to pay a fine in addition to or instead of imprisonment.
(4)
Where a person after conviction for an offence is convicted of another offence,
either before sentence is passed upon him under
the first conviction or before
the expiration of that sentence, any sentence of imprisonment which is passed
upon him under the subsequent
conviction shall be executed after the expiration
of the former sentence, unless the court directs that it shall be executed
concurrently
with the former sentence or any part thereof:
Provided that
it shall not be lawful for a court to direct that a sentence of imprisonment in
default of payment of a fine shall be
executed concurrently with a former
sentence.
(5) A warrant under the hand of the Judge or Magistrate by whom
any person is sentenced to imprisonment, ordering that the sentence
be carried
out in any prison within Solomon Islands, shall be issued by the sentencing
Judge or Magistrate, and shall be full authority
to the officer in charge of
such prison and to all other persons for carrying into effect the sentence
described in such warrant.
Subject to the provisions of this section every
sentence shall be deemed to commence from and to include the whole of the day on
which it was pronounced except where otherwise provided in this Code or
otherwise ordered by the court.
LN 46A of
1978
Fines
25.
Where a fine is imposed under any law, then in the absence of express provisions
relating to such fine in such law the following
provisions shall apply -
(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive;
(b) where the sum to which the fine may amount is expressed, any lesser fine may be imposed;
(c) in the case of an offence punishable with a fine or a term of imprisonment the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court;
(d) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine the court passing sentence may, in its discretion-
(i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also
(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:
Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant.
Imprisonment
in default of payment of
fine
26.-(1) The term of
imprisonment to which a person may be sentenced by a court in default of payment
of a fine shall be such term as in
the opinion of the court will satisfy the
justice of the case but shall not exceed the maximum fixed by the following
scale-
|
Amount
|
|
Maximum
Period
|
|
Not exceeding
$2
|
......................................................
|
7 days
|
|
Exceeding
$2
|
but not exceeding $4
......................
|
14 days
|
|
”............$4
|
”.....................$20.....................
|
6 weeks
|
|
”............$20
|
”.....................$180....................
|
2
months
|
|
”............$80
|
”.....................$200....................
|
3 months
|
|
”............$200
|
................................................
|
6 months
|
(2) The imprisonment which is
imposed in default of payment of a fine shall terminate whenever the fine is
either paid or levied by
process of
law.
Compensation
2
of 1966, s.3
27. Any
person convicted of an offence may be ordered to make compensation to any person
injured by his offence and such compensation
may be either in addition to or in
substitution for any other
punishment.
Distress
28.-
(1) When a court orders money to be paid by an accused person or by a prosecutor
or complainant for fine, penalty, compensation,
costs, expenses or otherwise,
the money may be levied on the movable and immovable property under warrant. If
he shows sufficient
movable property to satisfy the order his immovable property
shall not be sold.
(2) Such person may pay or tender to the officer
having the execution of the warrant the sum therein mentioned, together with the
amount of the expenses of the distress up to the time of payment or tender, and
thereupon the officer shall cease to execute the
same.
(3) A warrant
under this section may be executed within the territorial limits of the
jurisdiction of the court issuing the same,
and it shall authorise the distress
and sale of any property belonging to such person without such limits when
endorsed by a Magistrate
within the territorial limits of whose jurisdiction
such property is found.
(4) Any person claiming to be entitled to or to
have a legal or equitable interest in the whole or part of any property attached
in
execution of a warrant issued under this section may, at any time prior to
the receipt by the court of the proceeds of sale of such
property, give notice
in writing to the court of his objection to the attachment of such property.
Such notice shall set out shortly
the nature of the claim which such person
(hereinafter in this section referred to as the objector) makes to the whole or
part of
the property attached, and shall certify the value of the property
claimed by him. Such value shall be deposed to upon affidavit
which shall be
filed with the notice.
(5) Upon receipt of a valid notice given under
subsection (4) of this section, the court shall, by an order in writing
addressed to
the officer having the execution of the warrant, direct the stay of
execution proceedings.
(6) Upon the issue of an order under subsection
(5) of this section, the court shall, by notice in writing, direct the objector
to
appear before such court and establish his claim upon a date to be specified
in the notice.
(7) A notice shall be served upon the person whose
property was, by the warrant issued under subsection (1) of this section,
directed
to be attached, and, unless the property is to be applied to the
payment of a fine, upon the person entitled to the proceeds of the
sale of such
property. Such notice shall specify the time and place fixed for the appearance
of the objector and shall direct the
person upon whom the notice is served to
appear before the court at the same time and place if he wishes to be heard upon
the hearing,
of the objection.
(8) Upon the date fixed for the hearing of
the objection, the court shall investigate the claim and, for such purpose, may
hear any
evidence which the objector may give or adduce and any evidence given
or adduced by any person served with a notice in accordance
with the provisions
of subsection (7) of this section.
(9) If, upon investigation of the
claim, the court is satisfied that the property was not, when attached. in the
possession of the
person ordered to pay the money or of some person in trust for
him or in the occupancy of a tenant or other person paying rent to
him, or that,
being in the possession of the person ordered to pay the money at such time it
was so in his possession not on his
own account or as his own property but on
account of or in trust for some other person or partly on his own account and
partly on
account of some other person, the court shall make an order releasing
the property, wholly or to such extent as it thinks fit, from
attachment.
(10) If, upon the date fixed for his appearance, the objector
fails to appear, or if, upon investigation of the claim in accordance
with the
provisions of subsection (8) of this section, the court is of opinion that the
objector has failed to establish his claim,
the court shall order the attachment
and execution to proceed, and shall make such order as to costs as it deems
fit.
(11) Nothing in this section shall be deemed to deprive a person who
has failed to comply with the requirements of subsection (4)
of this section of
the right to take any other proceedings which, apart from the provisions of this
section, may lawfully be taken
by a person claiming an interest in property
attached under a warrant.
(12) No distress made under this section shall
be deemed unlawful, nor shall any person making the same be deemed a trespasser,
on
account of any defect or want of form in the summons, conviction, warrant of
distress or other proceedings relating
thereto.
Suspension execution of
sentence of
imprisonment
29.- (1)
When a convicted person has been sentenced to a fine only and to imprisonment in
default of payment of a fine, execution of
sentence of and whether or not a
warrant of distress has been issued under imprisonment in default of a fine
section 28, the court
may make an order directing the fine to be paid on or
before a specified date, not being more than thirty days from the date of the
order, and in the event of the fine not being paid on or before that date may,
subject to the other provisions of this section, forthwith
issue a warrant of
committal. The court may, before making such order, require the convicted person
to execute a bond, with or without
sureties, conditioned for his appearance
before the court on the specified date if the fine be not in the meantime paid.
Upon the
making of an order under this subsection the sentence of imprisonment
shall be deemed to be suspended and the convicted person shall
be released from
custody.
(2) In any case in which an order for the payment of money has
been made, on non-recovery of which imprisonment may be awarded, and
the money
is not paid forthwith, the court may require the person ordered to make such
payment to enter into a bond as prescribed
in subsection (1) of this section,
and in default of his so doing may at once pass sentence of imprisonment as if
the money had not
been recovered.
(3) The court may in its discretion
direct that any money to which this section applies may be paid by instalments
at such times and
in such amounts as the court may deem fit; but so nevertheless
that in default of payment of any such instalment as aforesaid the
whole of the
amount outstanding shall become and be immediately due and payable, and all the
provisions of this Code applicable to
a sentence of fine and to imprisonment in
default of payment thereof shall apply to the same accordingly.
(4) A
warrant of commitment to prison in respect of the non-payment of any sum of
money by a person to whom time has been allowed
for payment under the provisions
of subsection (1) of this section, or who has been allowed to pay by instalments
under the provisions
of subsection (3) of this section, shall not be issued
unless the court shall first make inquiry as to his means in his
presence:
Provided that a court may issue such a warrant of commitment
without any further inquiry as to means if it shall have made such inquiry
in
the presence of the convicted person at the time when the fine was imposed or at
any subsequent time and the convicted person
shall not before the expiration of
the time for payment have notified fled the court of any change in his means or
applied to the
court for an extension of time to pay the fine.
(5) After
making inquiry in accordance with the provisions of subsection (4) of this
section, the court may, if it thinks fit, instead
of issuing a warrant of
commitment to prison, make an order extending the time allowed for payment or
varying the amount of the instalments
or the times at which the instalments
were, by the previous order of the court, directed to be paid, as the case may
be.
(6) For the purpose of enabling inquiry to be made under the
provisions of subsection (4) of this section, the court may issue a summons
to
the person ordered to pay the money to appear before it and, if he does not
appear in obedience to the summons, may issue a warrant
for his arrest or,
without issuing a summons, issue in the first instance a warrant for his
arrest.
Commitment in lieu of
distress
30.-(1) If the
officer having the execution of a warrant of distress reports that he could find
no property or not sufficient property
whereon to levy the money mentioned in
the warrant with expenses, the court may by the same or a subsequent warrant
commit the person
ordered to pay to prison for a time specified in the warrant,
unless the money and all expenses of the distress, commitment and conveyance
to
prison, to be specified in the warrant, are sooner paid.
(2) When it
appears to the court that distress and sale of property would be ruinous to the
person ordered to pay the money or his
family, or (by his confession or
otherwise) that he has no property whereon the distress may be levied, or other
sufficient reason
appears to the court, the court may if it thinks fit, instead
of or after issuing a warrant of distress, commit him to prison for
a time
specified in the warrant, unless the money and all expenses of the commitment
and conveyance to prison, to be specified in
the warrant, are sooner
paid.
(3) The period for which a person may be committed to prison in
default of or in lieu of distress under this section shall be-
(a) if the person has been sentenced to a term of imprisonment in default of payment of a fine, the period to which he was so sentenced;
(b) in other cases such period as the court considers reasonable subject to the maximum laid down in subsection (1) of section 26 relating to fines.
Payment
after Commitment
31. (1)
Any person committed for non-payment may pay the sum mentioned in the warrant
with the amount of expenses therein authorised
(if any), to the person in whose
custody he is, and that person shall thereupon discharge him if he is in custody
for no other matter.
(2) If any person committed to prison for
non-payment shall pay any sum in part satisfaction of the sum adjudged to be
paid, the term
of his imprisonment shall be reduced by a number of days bearing
as nearly as possible the same proportion to the total number of
days for which
such person is committed, as the sum so paid bears to the sum for which he is
liable.
(3) The officer in charge of a prison in which a person is
confined who is desirous of taking advantage of the provisions of the preceding
subsection shall, on application being made to him by such prisoner, at once
take him before a court, and such court shall certify
the amount by which the
term of imprisonment originally awarded is reduced by such payment in part
satisfaction, and shall make such
order as is required in the
circumstances.
Security for keeping the
peace
2 of 1966, s.
4
32.- (1) A person
convicted of an offence may, instead of or in addition to any punishment to
which he is liable, be ordered to enter
into his own recognisance, with or
without sureties, in such amount as the court thinks fit, conditioned that he
shall keep the peace
and be of good behaviour for a time to be fixed by the
court, not exceeding two years, and may be ordered to be imprisoned until
such
recognisance, with sureties if so directed, is entered into; but so that the
imprisonment for not entering into the recognisance
shall not extend for a term
longer than six months:
Provided that no order shall be made under this
section where the person convicted has been sentenced to a term of imprisonment
of
more than six months.
(2) In addition to the powers conferred by
subsection (1) of this section any Judge or Magistrate shall have power in any
trial before
him, whether or not the complaint be dismissed, to bind both the
complainant and defendant with or without sureties, to keep the
peace and be of
good behaviour for a period not exceeding one year and may order any person so
bound, in default of compliance with
the order, to be imprisoned for three
months or until such earlier time as he so complies:
Provided that a
defendant who has been sentenced to more than six months' imprisonment shall not
be bound over under this subsection:
And provided further that a
complainant shall not be bound over under the powers contained in this
subsection unless he shall have
been given an opportunity to address the court
personally or by an advocate as to why he should not be bound
over.
Security for coming up for
judgment
1 of 1972, s.
2
33.- (1) In any case in
which a person is convicted before any court of any offence, if it appears to
the court before which he is convicted
that having regard to the circumstances
including the nature of the offence and the character of the accused it is
expedient to release
the offender on probation, the court may, instead of
sentencing him at once to any punishment, direct that he be released on his
entering into a bond, with or without sureties, and during such period (not
exceeding two years) as the court may direct, to appear
and receive sentence
when called upon and in the meantime to keep the peace and be of good
behaviour.
(2) If at any time the court which convicted the offender is
satisfied that the offender has failed to observe any of the conditions
of his
recognisance, it may issue a warrant for his apprehension.
(3) An
offender when apprehended on any such warrant shall be brought forthwith before
the court by which the warrant was issued and
such court may either remand him
in custody until the case is heard or admit him to bail with a sufficient surety
conditioned for
his appearing for sentence. Such court may, after hearing the
case, pass sentence.
Provisions of
Criminal Procedure Code relating to recognisance to
apply
10 of 1971, s.16 1 of 1972,
s.3 Cap. 7
34. The
provisions of sections 111, 112 and 114 of the Criminal Procedure Code shall
apply mutatis mutandis to
recognisances taken under sections 32 or section 33 of this
Code.
Discharge of offender without
punishment
2 of 1966, s.6, 1 of
1972, s.4
35. Where, in
any trial, the court thinks that the charge against the accused person is proved
but is of opinion that, having regard
to the character, antecedents, health or
mental condition of the accused. or to the trivial nature of the offence or to
the extenuating
circumstances in which the offence was committed, it is not
expedient to inflict any punishment, the court may, without proceeding
to
conviction, make an order dismissing the charge either absolutely or
conditionally.
Committal of offenders
under the age of sixteen to care of fit persons, parent or guardian to exercise
proper care
36. (1)
Without prejudice to the provisions of sections 32, 33 or 35, where in any trial
the court thinks that the charge against the
accused person is proved but is of
the opinion that the accused is under the age of sixteen years and is in need of
care, binding
over protection or control, the court may -
(a) without proceeding to conviction, make an order exercise proper committing him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him, and at the same time, or at any subsequent time on the application of the person to whose care the accused has been committed, make an order that the parent or guardian (if any) of the accused make a contribution towards the maintenance of the accused of such sum as the court, having regard to the means of such parent or guardian, thinks fit, and upon the making of such order the provisions of sections 28, 30 and 31 shall, mutatis mutandis, apply to such parent or guardian as they apply to an accused person; or
(b) order his parent or guardian to enter into a recognisance with or without sureties, in such amount as the court thinks fit, to exercise proper care and guardianship.
(2)
Every order and every recognisance made or entered into pursuant to the
provisions of subsection (1) of this section shall, unless
some earlier date of
termination is ordered by the court, remain in force until the person in respect
of whom the order was made
of the recognisance entered into, attains the age of
eighteen years.
(3) Any fit person to whose care, protection or control
any person has been committed pursuant to the provisions of this section may
at
any time apply to the court for variation or cancellation of the order, and the
court may vary or cancel the order or replace
it by such order as may to the
court appear expedient.
(4) Any person committed to the care of a fit
person pursuant to the provisions of this section who absconds therefrom may be
arrested
by any police officer without warrant and either brought before a
Magistrate's Court or summarily returned to the care of such fit
person; and in
the case of any such person who is brought before a Magistrate's Court, such
court may order that he be returned to
the custody of such fit person, or if
having regard to all the circumstances, it appears to such court advisable so to
do, it may
order that he be committed to the care of some other fit
person.
Interpretation of "care,
protection or control" and "fit
person"
37. For the
purpose of the preceding section, and without prejudice to the generality of the
expression, a person shall be deemed to
be in need of "care, protection or
control", who, in the opinion of the court, is not receiving such care,
protection or control
as a good parent or guardian may be expected to give or is
beyond the control of his parent or guardian; and the expression "fit
person"
includes any local authority, religious institution, welfare association or
other organisation able and willing to undertake
the care, protection or control
of persons under the age of eighteen
years.
Payment of fine or compensation
by the parent or guardian of offender under sixteen years of
age
38. Without prejudice
to the provision of section 36, where in any case the accused person is charged
with any offence for the commission
of which a fine, costs or compensation may
be imposed and the court is of opinion that the charge against the accused is
proved but
that the accused is under the age of sixteen years, it may, without
proceeding to conviction, make an order that the fine, costs
or compensation be
paid by the parent or guardian of the accused, instead of by the accused, and in
such event the provisions of
sections 28, 30 and 31 shall,
mutatis mutandis, apply to such parent
or guardian as they apply to an accused
person.
Issue of warrants and errors in
orders or in warrants
39.
- (1) Every warrant for the execution of any sentence may be issued either by
the Judge or Magistrate who passed the sentence or
by his successor in
office.
(2) The court may at any time amend any defect in substance or in
form in any order or warrant, and no omission or error as to the
time and place,
and no defect in form in any order or warrant given under this Code, shall be
held to render void or unlawful any
act done or intended to be
done.
Police
supervision
40. –
(1) When any person, having been convicted of any offence punishable with
imprisonment for a term of three years or upward,
is again convicted of any
offence punishable with imprisonment for a term of three years or upwards, the
court may, if it thinks
fit, at the time of passing sentence of imprisonment on
such person, also order that he shall be subject to police supervision as
hereinafter provided for a term not exceeding five years from the date of the
expiration of such sentence.
(2) If such conviction is set aside on
appeal or otherwise, such order shall become void.
(3) Every person
subject to police supervision, and who is at large in Solomon Islands,
shall-
(a) report himself personally once in each month to the officer in charge of the police station nearest to his place of residence at such time as may be directed by such police officer, or as may be prescribed by rules under this section; and
(b) notify the place of his residence and any change of such residence at such time and place and in such manner and to such person as may be prescribed by rules under this section.
(4) If
any person subject to police supervision who is at large in Solomon Islands
refuses or neglects to comply with any requirement
prescribed by this section or
by any rule made thereunder, such person shall unless he proves to the
satisfaction of the court before
which he is tried that he did his best to act
in conformity with the law, be guilty of an offence and liable to imprisonment
for
six months.
(5) The Chief Justice may make rules for carrying out the
provisions of this section.
General
punishment for
misdemeanours
41. When in
this Code no punishment is specially provided for any misdemeanour, it shall be
punishable with imprisonment for a term
not exceeding two years or with a fine
or with both.
Escape of convicts to
serve unexpired sentences when
recaptured
2 of 1966, s.
7
42.-(1) The time during
which an escaped person is at large shall not be counted as part of the term of
the sentence which he was serving
at the time of his escape.
(2) When
sentence is passed under this Code on an escaped convict, such sentence
-
(i) if of a fine shall, subject to the provisions of this Code, take effect immediately;
(ii) if of imprisonment, shall be executed in accordance with the provisions of subsection (4) of section 24.
Forfeiture
43.
When any person is convicted of an offence under any of the following sections,
namely sections 91, 92, 93 , 117, 118 and 374, the
court may, in addition to or
in lieu of any penalty which may be imposed, order the forfeiture to Her Majesty
of any property which
has passed in connection with the commission of the
offence or, if such property cannot be forfeited or cannot be found, of such
sum
as the court shall assess as the value of the property; and any property or sum
so forfeited shall be dealt with in such manner
as the court may direct. Payment
of any sum so ordered to be forfeited may be enforced in the same manner and
subject to the same
incidents as in the case of the payment of a
fine.
Suspended
sentences
16 of 1987, s.
2
44. (1) Subject to the
provisions of subsections (2) and (3 ) of this section, a court which passes a
sentence of imprisonment on any
offender for a term not more than two years for
any offence, may order-
(a) that the sentence shall not take effect during a period specified in the order; or
(b) that after the offender has served part of the sentence in prison, the remainder of the sentence shall not take effect during a period specified in the order,
unless
during the period specified in the order, the offender commits another offence
punishable with imprisonment and a court thereafter
orders under section 45 that
the original sentence shall take effect:
Provided, that the period
specified in the order shall not be less than one year or more than two
years.
(2) The provisions of subsection (1) of this section shall not
apply where the offence involved the use or the illegal possession
of a
weapon.
(3) A court shall not deal with an offender by means of a
suspended sentence unless the case appears to the court to be one in respect
of
which a sentence of imprisonment would have been appropriate in the absence of
any power to suspend such a sentence by an order
under subsection (1) of this
section.
(4) A court which passes a suspended sentence on any offender
for an offence shall not make a probation order in respect of another
offence of
which he is convicted before the court or for which he is dealt with by the
court on the same occasion.
(5) Where a court passes a suspended sentence
on an offender in respect of an offence and a term of imprisonment in respect or
another
offence the court shall direct that the suspended sentence be concurrent
with the term of imprisonment.
(6) On passing a suspended sentence the
court shall explain to the offender in ordinary language his liability under
section 45, if
during the period of suspension he commits a subsequent offence
punishable with
imprisonment.
Subsequent offence during
period sentence is suspended
16 of
1987, s. 2
45.(1) Subject
to subsection (3) of this section, where an offender is convicted of a
subsequent offence punishable with imprisonment
committed during the period of
suspension, the court before which he is convicted for the subsequent offence
shall, unless the sentence
has already taken effect, consider his case and deal
with him by one of the following methods -
(a) order that the suspended sentence shall take effect with the original term unaltered;
(b) order that the sentence shall take effect with the substitution of a lesser term for the original term;
(c) by order vary the original order made under section 44 by substituting for the period specified therein a period expiring not later than two years from the date of the expiring variation; or
(d) make no order with respect to the suspended sentence, and a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended sentence was passed, including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.
(2) Where
a court deals with an offender in respect of a suspended sentence passed by
another court, the court dealing with the offender
shall notify the court which
passed the suspended sentence of the manner in which the offender was dealt
with.
(3) Where a Magistrate's Court deals with an offender during the
period of suspension of a sentence passed by the High Court, the
Magistrate
shall, after conviction of the offender and before passing to sentence, commit
him in custody to the High Court for
sentencing.
Discovery of further
offence
16 of 1987, s.
2
46. – (1) Where
during the period of suspension, a person is convicted by a court for a
subsequent offence, but such court had
no information of the suspended sentence,
any court may, on receipt of information relating to such suspended sentence and
the conviction
for the subsequent offence, issue a summons requiring such person
to appear at the place and time specified therein or may issue
a warrant for his
arrest.
(2) A summons or warrant issued under subsection (1) of this
section shall direct the person to appear or be brought before the court
by
which he was convicted in respect of the subsequent offence and upon such person
appearing or being brought, the court shall deal
with him under section 45 in
respect of the suspended
sentence.
Suspended sentence
supervision order
16 of 1987, s.
2
47.-(1) Where a court
passes on an offender a suspended sentence, the court may make a suspended
sentence supervision order placing
the offender under the supervision of an
officer appointed for the purpose by the court, for such period as may be
specified in the
order not exceeding the period during which the sentence is
suspended and subject to such conditions as to residence as the court
shall
consider necessary.
(2) An offender in respect of whom a suspended
sentence supervision order is in force shall keep in touch with the officer in
accordance
with such instructions as may from time to time be given to him by
that officer and the offender shall notify the officer of any
change of
address.
(3) If, at any time while a suspended sentence supervision order
is in force in respect of an offender, it appears on information
provided by the
officer to the court of the area in which the offender resides that the offender
has failed to comply with any of
the requirements of subsections (1) and (2) of
this section, the court may issue a summons requiring the offender to appear
before
the court at a time specified in such summons, or may, if the information
is in writing and on oath, issue a warrant for his arrest.
(4) If it is
proved to the satisfaction of the court before which the offender appears or is
brought under this section that he has
failed without reasonable cause to comply
with any of the requirements of the suspended sentence supervision order, the
court may,
without prejudice to the continuance of the order, impose on him a
fine not exceeding three hundred dollars.
(5) In this section "officer"
means the probation officer or any other suitable person the court seems fit to
appoint under subsection
(1) of this section.
PART VII
OFFENCES AGAINST PUBLIC ORDER
Treason
by the law of England
2 of 1966 s.
8
48. Any person who
compasses, imagines, invents, devises or intends any act, matter or theory, the
compassing, imagining inventing,
devising or intending whereof is treason by the
law of England for the time being in force, and expresses, utters or declares
such
compassing, imagining, inventing, devising or intending by publishing any
printing or writing or by any overt act, or does any act
which, if done in
England, would be deemed to be treason according to the law of England for the
time being in force, is guilty of
the offence termed treason and shall be liable
to imprisonment for life.
Instigating
invasion
2 of 1966, s.
9
LN 46 A of
1978
49. Any person who
instigates any foreigner to invade Solomon Islands with an armed force shall be
guilty of treason, and shall be liable
to imprisonment for
life.
Concealment of treason
LN 46.A of
1978
50. Any person
who-
(a) be comes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the Prime Minister or to a Magistrate or police officer or use other reasonable endeavours to prevent the commission of the offence,
shall be
guilty of the felony termed misprision of treason, and shall be liable to
imprisonment for life.
Treasonable
felonies
51. Any person
who forms an intention to effect any of the following purposes, that is to say
-
(a) to depose Her Majesty from the style, honour and royal name of the Crown of the United Kingdom, or of any other of Her Majesty's dominions or countries; or
(b) to levy war against Her Majesty within any part of her Majesty's dominions, or within any country which has been declared to he under her protection or in respect of which Her Majesty has accepted a mandate, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, the legislature or legislative authority of any of Her Majesty's dominions, or of any country which has been declared to be under her protection or in respect of which Her Majesty has accepted a mandate; or
(c) to instigate any foreigner to make an armed invasion of any of Her Majesty's dominions or of any country which has been declared to be under her protection or mandate,
and
manifests such intention by an overt act, or by publishing any printing or
writing, shall be guilty of a felony, and shall be
liable to imprisonment for
life.
Genocide
1
of 1972, s. 5
LN 46A of
1978
52. (1) Any person
who with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group as such, commits
any of the following acts:-
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group,
is guilty
of genocide and shall-
(i) if the offence consists of the killing of any person, be sentenced to imprisonment for life;
(ii) in any other case, be liable to imprisonment for fourteen years and notwithstanding section 24(3) may not be sentenced to pay a fine instead of imprisonment.
(2)
Proceedings for an offence of genocide shall not be instituted except by or with
the consent of the Director of Public
Prosecutions.
Limitations as to trial
for treason, misprision of treason, or treasonable
felonies
53. (1) A person
cannot be tried for treason, or for any of the felonies defined in the four last
preceding sections, unless the prosecution
is commenced within two years after
the offence is committed.
(2) Nor can a person charged with treason, or
with any of such felonies, be convicted, except on his own plea of guilty, or on
the
evidence in open court of two witnesses at the least to one overt act of the
kind of treason or felony alleged, or the evidence of
one witness to one overt
act, and one other witness to another overt act of the same kind of treason or
felony.
(3) This section does not apply to cases in which the overt act
of treason alleged is the killing of Her Majesty, or a direct attempt
to
endanger the life or injure the person of Her
Majesty.
Inciting to
mutiny
54. Any person who
advisedly attempts to effect any of the following purposes, that is to
say-
(a) to seduce any person serving in Her Majesty's naval, military or air forces or any police officer from his duty and allegiance to Her Majesty; or
(b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or
(c) to incite any such persons to make or endeavour to make a mutinous assembly,
shall be
guilty of a felony and shall be liable to imprisonment for
life.
Aiding soldiers or policemen in
act of mutiny
55. Any
person who -
(a) aids, abets, or is accessory to, any act of mutiny by; or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer,
any
non-commissioned officer or private of Her Majesty's naval, military or air
forces or any police officer, shall be guilty of a
misdemeanour.
Inducing soldiers or
policemen to desert
56.
Any person who, by any means whatever, directly or indirectly -
(a) procures or persuades or attempts to procure or persuade to desert; or
(b) aids, abets or is accessory to the desertion of; or
(c) having reason to believe he is a deserter, harbours or aids in concealing;
any
non-commissioned officer or private of
the said naval, military or air
forces or any police officer shall be guilty of a misdemeanour and shall be
liable to imprisonment for
six
months.
Aiding prisoner of war to
escape
57. Any person
who-
(a) knowingly and advisedly aids an alien enemy of Her Majesty, being a prisoner of war in Solomon Islands, whether such prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to escape from Solomon Islands, shall be guilty of a felony, and shall be liable to imprisonment for life;
(b) negligently and unlawfully permits the escape of any such person as is mentioned in the last preceding paragraph, shall be guilty of a misdemeanour.
Definition
of overt acts
58. In the
case of any of the offences defined in this Part of this Code, when the
manifestation by an overt act of an intention to
effect any purpose is an
element of the offence, every act of conspiring with any person to effect that
purpose, and every act done
in furtherance of the purpose by any of the persons
conspiring, is deemed to be an overt act manifesting the
intention.
Unlawful oaths to commit
murder
11 of 1970
Sched
59. Any person who
-
(a) administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit murder;
(b) takes any such oath or engagement, not being compelled to do so,
shall be
guilty of a felony, and shall be liable to imprisonment for
life.
Other unlawful oaths to commit
offences
11 of 1970
Sched
60. Any person
who-
(a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following, that is to say-
(i) to engage in any mutinous or seditious enterprise;
(ii) to commit any offence other than murder;
(iii) to disturb the public peace;
(iv) to be of any association, society or confederacy, formed for the purpose of doing any such act as aforesaid;
(v) to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose.
(vi) not to inform or give evidence against any associate, confederate or other person.
(vii) not to reveal or discover any unlawful association, society or confederacy. or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of any such oath or engagement; or
(b) takes any such oath or engagement, not being compelled to do so,
shall be
guilty of a felony, and shall be liable to imprisonment for seven
years.
Compulsion how far a
defence
61. A person who
takes any such oath or engagement as is mentioned in the two last preceding
sections cannot set up as a defence that
he was compelled to do so, unless
within fourteen days after taking it, or, if he is prevented by actual force or
sickness, within
fourteen days after the termination of such prevention, he
declares by information on oath before a Magistrate, or, if he is on actual
service in the police force, either by such information or by information to his
commanding officer, the whole of what he knows concerning,
the matter, including
the person or persons by whom and in whose presence, and the place where and the
time when, the oath or engagement
was administered or
taken.
Unlawful
drilling
LN 46A of
1978
62. - (1) Any person
who -
(a) without the permission of the Governor-General trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or
(b) is present at any meeting or assembly of persons, held without the permission of the Governor-General, for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements or evolutions,
shall
be guilty of a felony, and shall be liable to imprisonment for seven
years.
(2) Any person who, at any meeting or assembly held without the
permission of the Governor-General, is trained or drilled to the use
of arms, or
the practice of military exercises, movements or evolutions, or who is present
at any such meeting or assembly for the
purpose of being so trained or drilled,
shall be guilty of a
misdemeanour.
Spreading false rumours,
etc.
LN 46A of
1978
63. Any person who
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(a) maliciously fabricates or knowingly spreads abroad or publishes, whether by writing or by word of mouth or otherwise, any false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment; or
(b) acts or is acting in a manner prejudicial