Criminal Procedure Code at Cocos (Keeling) Islands (Australia)
The Cocos (Keeling) Islands, an Australian external territory, do not have a distinct or separate criminal procedure code. Instead, the criminal justice framework on the islands is governed by Australian federal and Western Australian laws, as applied through the Cocos (Keeling) Islands Act 1955 and the Cocos (Keeling) Islands Applied Laws Ordinance 1992. (Supreme Court of the Cocos (Keeling) Islands, Federal Register of Legislation - Cocos (Keeling) Islands Applied Laws Ordinance 1992)
Legal Framework
Cocos (Keeling) Islands Act 1955: This Act provides the legislative basis for the territory's administrative, legislative, and judicial system. It allows for the application of Western Australian laws to the Cocos (Keeling) Islands, including the Criminal Code Act Compilation Act 1913 (WA), which encompasses criminal procedure provisions. (Cocos (Keeling) Islands governance and administration | Department of Infrastructure, Transport, Regional Development, Communications and the Arts)
Cocos (Keeling) Islands Applied Laws Ordinance 1992: This Ordinance applies Western Australian laws to the territory, subject to modifications as necessary. It ensures that the legal system on the islands aligns with Australian standards, including those related to criminal procedure.
Judicial Oversight
Historically, the Supreme Court of the Cocos (Keeling) Islands had jurisdiction over serious criminal matters. However, since 1992, courts in Western Australia have been given concurrent authority to deal with cases on the islands. As of 2006, the Supreme Court of the Cocos (Keeling) Islands has had no members, and its functions have been effectively absorbed by Western Australian courts. The Governor-General retains the authority to abolish the court, but this has not yet occurred. (Supreme Court of the Cocos (Keeling) Islands)
Law Enforcement
The Australian Federal Police (AFP) provides community policing services to the Cocos (Keeling) Islands. They operate under the applied Western Australian legal code and are responsible for enforcing criminal laws and maintaining public order on the islands. (Cocos (Keeling) Islands governance and administration | Department of Infrastructure, Transport, Regional Development, Communications and the Arts, Calatzis, Mick --- "Cocos (Keeling) Islands policing" [1999] AUFPPlatypus 15; (1999) 63 Platypus: Journal of the Australian Federal Police, Article 7)
Accessing the Laws
The official texts of the Cocos (Keeling) Islands Act 1955 and the Cocos (Keeling) Islands Applied Laws Ordinance 1992 are available through the Australian Government's Federal Register of Legislation: (Federal Register of Legislation - Cocos (Keeling) Islands Applied Laws Ordinance 1992)
Cocos (Keeling) Islands Act 1955
Cocos (Keeling) Islands Applied Laws Ordinance 1992
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