Criminal Procedure Code at Nauru
Nauru's criminal procedure is governed by the Criminal Procedure Act 1972 (Act No. 21 of 1972), which has been consolidated and amended over time to reflect contemporary legal standards. The most recent consolidation, as of September 26, 2014, incorporates amendments up to December 21, 2012 . (WIPO Lex)
📘 Key Features of the Criminal Procedure Act 1972
1. Arrest and Detention
Arrest Without Warrant: Police officers have the authority to arrest individuals without a warrant if they have reasonable grounds to suspect that the person has committed or is about to commit a cognizable offense.
Detention and Search Powers: Police officers can detain and search individuals, vehicles, vessels, and aircraft in public places if they reasonably suspect that the person is in possession of stolen or unlawfully obtained property or an article related to an offense . (CRIMINAL PROCEDURE IN THE SOUTH PACIFIC)
2. Court Procedures
District Court Jurisdiction: The District Court has the authority to try offenses committed within Nauru and can issue summonses and warrants of arrest. (WIPO Lex)
Supreme Court Trials: The Supreme Court handles more serious offenses and has procedures in place for the trial of such cases.
3. Rights of the Accused
Right to Legal Representation: Accused individuals have the right to consult a legal representative of their choice. (Constitution of Nauru - The Government of the Republic of Nauru)
Right to a Fair Trial: The Act ensures that trials are conducted fairly, with provisions for the accused to present a defense, call witnesses, and make unsworn statements . (Rights during trial - unsworn oral or written statement in defence in 'Nauru - Criminal Procedure Act')
4. Search and Seizure
Search Warrants: Magistrates can issue search warrants if there is reasonable suspicion that evidence related to an offense is present in a specific location.
Seizure of Property: Police officers have the authority to seize property that may be evidence of a crime during searches . (Search and seizure - national proceedings in 'Nauru - Criminal Procedure Act')
⚖️ Legal Framework
The Criminal Procedure Act 1972 operates within the broader legal context established by the Constitution of Nauru, which guarantees fundamental rights such as protection from arbitrary arrest and detention, the right to a fair trial, and protection from forced labor . (WIPO Lex)
📄 Accessing the Full Text
The consolidated version of the Criminal Procedure Act 1972, including all amendments up to December 21, 2012, is available through the World Intellectual Property Organization's WIPO Lex database:
👉 Criminal Procedure Act 1972 – WIPO Lex
RELATED Blog
0 comments