Criminal Procedure Code at Falkland Islands (BOT)
The Falkland Islands, a British Overseas Territory, operates under a structured criminal justice system guided by the Criminal Procedure and Evidence Ordinance 2014 and the Crimes Ordinance 2014. These ordinances, which came into effect on April 21, 2017, represent a comprehensive reform of the criminal law and justice system in the Falklands . (Falklands' Criminal law and criminal justice system reform come into force Friday — MercoPress)
Criminal Justice Framework
Criminal proceedings in the Falkland Islands can commence in two ways:
Charge at the Police Station: An individual may be charged directly at the police station. (Criminal)
Information Laid at Court: Alternatively, an information can be laid at the court, resulting in a summons requiring the person to attend court . (Criminal)
There are four criminal courts in the Falkland Islands: (Criminal)
Summary Court
Magistrate's Court
Supreme Court
Court of Appeal
All criminal proceedings commence in the Summary Court and may be transferred to another court if necessary . (Criminal)
Prosecution Service
The Attorney General's Office oversees the Prosecution Service, which operates independently from the police and government. The service is responsible for: (Prosecution/Criminal Law)
Deciding which cases should be prosecuted.
Determining the appropriate charges.
Advising the police during early stages of investigations.
Preparing cases and presenting them in court. (Prosecution/Criminal Law)
Prosecutors must adhere to the Attorney General’s Code for Prosecutors, ensuring that decisions are based on sufficient evidence and public interest . (Prosecution/Criminal Law)
Legal Aid
The Falkland Islands provides a legal aid scheme to ensure access to justice. The scheme covers both criminal and civil matters, offering full or partial financial assistance based on an individual's circumstances. Eligibility for legal aid is determined by the Legal Aid Ordinance 2020 and Legal Aid Regulations 2020, with considerations including the nature of the offence and the individual's financial situation . (Legal Aid)
Ongoing Reforms
In April 2024, the Falkland Islands Government began reviewing and amending the Crimes Ordinance 2014 and the Criminal Procedure and Evidence Ordinance 2014. The proposed amendments, encapsulated in the Criminal Laws (Amendment) Bill 2024, address various issues, including: (Falklands to begin Criminal Law review and amendments — MercoPress)
Domestic abuse protection.
Hate crime and hate speech laws.
Offences involving weapons.
Online and intimate image offending.
Penalty notices for road traffic offences.
Protections in relation to sexual offences and sex-based harassment in public.
Protections for vulnerable adults and children.
Youth sentencing. (Falklands to begin Criminal Law review and amendments — MercoPress)
These reforms aim to modernize the criminal justice system and enhance protections for individuals within the territory . (Falklands to begin Criminal Law review and amendments — MercoPress)
RELATED Blog
0 comments