Criminal
Crimes Act 2013 replacing the 1961 Ordinance
Offences are codified in the Crimes Act 2013, which replaced the Crimes Ordinance 1961, with procedure under the Criminal Procedure Act 2016. There is no death penalty.
Key rules
- Deadline — An arrested person must be brought before a court as soon as practicable
- Deadline — Appeals to the Court of Appeal are generally filed within 21 days
Governing law
- Crimes Act 2013 (s. 49)
- Criminal Procedure Act 2016
- Sentencing Act 2016
- Community Justice Act 2008
In practice
The Crimes Act 2013 was a full modernisation drawing on New Zealand drafting, updating sexual offences, removing outdated provisions and restating fault elements. Serious matters are tried in the Supreme Court by judge alone. Samoa formally abolished the death penalty in 2004. Custom retains a sentencing role through the practice of ifoga, a formal ceremonial apology between families, which courts may take into account in mitigation — the Court of Appeal has accepted its relevance while cautioning that it cannot displace punishment for serious violence. The Community Justice Act supports non-custodial supervision options.