Criminal Procedure Code at Saint Helena, Ascension and Tristan da Cunha (BOT)

Saint Helena, Ascension, and Tristan da Cunha are British Overseas Territories, each with its own legal system. While they share a common constitutional framework, their criminal procedure codes are distinct.

⚖️ Saint Helena

Saint Helena's criminal procedure is governed by the Criminal Procedure Ordinance, 1976, which outlines the processes for criminal trials, including the roles of the Magistrates' Court and the Supreme Court. The Magistrates' Court Ordinance, 2011 further details the structure and jurisdiction of the Magistrates' Court. Saint Helena follows English common law principles, with local adaptations. The Magistrates' Court in Jamestown handles summary offenses, while the Supreme Court deals with more serious cases. Defendants have the right to legal representation, and the Public Solicitor's Office provides counsel to those who cannot afford private lawyers. (St Helena Magistrates' Court)

⚖️ Ascension Island

Ascension Island, though governed by the same constitutional framework, has its own legal system. The Criminal Procedure Ordinance, 1975 applies, with local modifications. Ascension's legal system is based on English law as it stood in 2006, with adaptations to suit local circumstances. The Magistrates' Court handles minor offenses, while the Supreme Court deals with more serious crimes. The Island Council plays a role in law-making, and the Crown Counsel serves as the principal legal advisor. (St Helena, Ascension and Tristan da Cunha - End Corporal Punishment of Children, Governance – Ascension Island Government)

⚖️ Tristan da Cunha

Tristan da Cunha's legal system is similar to that of Saint Helena, with the Magistrates' Court Ordinance, 2019 governing criminal procedures. This ordinance outlines the jurisdiction and procedures for criminal trials on the island. Tristan da Cunha's legal system is based on English law as it stood in 2006, with local adaptations. The Island Council has a role in law-making, and the Crown Counsel serves as the principal legal advisor. (Governance – Ascension Island Government)

📄 Accessing the Laws

The consolidated and updated versions of the laws for each territory are available on the St Helena Government Legislation Website. These revised editions include the most current laws and ordinances applicable to each territory. (General Introduction to Legislation | St Helena Government)

 

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