Criminal
Penal Code with the Local Courts applying custom below it
A colonial-era Penal Code as amended, with the Criminal Procedure Code governing process, prosecuted by the Director of Public Prosecutions. The death penalty has been abolished.
Key rules
- Deadline — An arrested person must be brought before a court without undue delay
- Deadline — Appeals from the High Court to the Court of Appeal are generally within 42 days
Governing law
- Penal Code (Cap. 26) (s. 200)
- Criminal Procedure CodeCap. 7
- Penal Code (Amendment) (Sexual Offences) Act 2016
- Local Courts Act 1978
In practice
The Penal Code follows the English colonial model and retains its structure, but the Sexual Offences amendment of 2016 was a substantial modernisation: it redefined rape in gender-neutral terms, removed the marital rape immunity and created new offences for offences against children. Serious matters are tried in the High Court by judge alone. Local Courts apply custom and can deal with minor matters, and customary compensation frequently runs alongside a criminal sentence — courts may take compensation into account in mitigation, which is a meaningful difference from Australian sentencing practice.