Criminal
Crimes Act 2016 replacing the Queensland-derived code
The Crimes Act 2016 was a comprehensive recodification replacing the inherited Queensland-style criminal code, modernising offences and decriminalising consensual same-sex conduct. There is no death penalty.
Key rules
- Deadline — An arrested person must be brought before a court promptly under Constitution art. 5
- Deadline — Appeals lie to the Court of Appeal established in 2018
Governing law
- Crimes Act 2016 (s. 8)
- Criminal Procedure Act 1972
- Crimes (Sentencing) Act 2016
- Bail Act 2018
In practice
The Crimes Act 2016 was drafted with external assistance and is one of the most modern criminal codes in the region — a striking contrast with the colonial codes still operating in Tuvalu, Kiribati and Solomon Islands. It restated fault elements, overhauled sexual offences, abolished outdated offences and removed the prohibition on consensual same-sex conduct. Sentencing is governed by a companion Act. Nauru has no death penalty. Politically sensitive prosecutions, notably of the Nauru 19 protesters, tested judicial independence during the period when the Australian appellate link was removed, and remain the reference point for debate about the domestic Court of Appeal.