Criminal
Offences Against the Person Act with the mandatory death penalty struck down
Substantive offences are set out in the Offences Against the Person Act, Cap. 141 and related statutes, with procedure in the Criminal Procedure Act. Following the CCJ's decision in Nervais and Severin v The Queen in 2018, the mandatory death sentence for murder was held unconstitutional, and sentencing for murder is now discretionary. The Director of Public Prosecutions conducts prosecutions.
Key rules
- Jurisdiction — Magistrates' Courts for summary matters; High Court for indictable trials
- Deadline — First appearance: as soon as practicable after charge
- Deadline — Committal: through the Magistrates' Court to the High Court for indictable trial
Governing law
- Offences Against the Person Act, Cap. 141
- Criminal Procedure Act, Cap. 127
- Bail Act, Cap. 122A
- Penal System Reform Act, Cap. 139
In practice
Nervais is the clearest illustration of what accepting CCJ appellate jurisdiction changed: the Court reasoned that the savings clause could not preserve a mandatory sentence that denied any individualised consideration, a conclusion that diverged from earlier Privy Council orthodoxy in the region. Sentencing practice in murder cases now requires a full mitigation exercise that was previously irrelevant.