Criminal
An 1883 Penal Code, with the PTA still operating alongside it
The Penal Code of 1883 and the Code of Criminal Procedure Act of 1979 govern ordinary crime. Running alongside them is the Prevention of Terrorism Act 1979, which permits prolonged administrative detention and has been the subject of sustained international criticism and repeated, unfulfilled repeal promises. Both regimes are live law.
Governing law
- Penal Code, Ordinance No. 2 of 1883 — The substantive criminal code.
- Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 — Special detention regime; repeal repeatedly proposed.
In practice
Magistrates' Courts try summary offences; the High Court tries indictable offences, with a jury in some cases. The Attorney-General controls indictments in the High Court. The death penalty remains on the statute book but has not been carried out since 1976. The PTA allows detention orders and admits confessions to police, unlike ordinary criminal procedure. Whether a matter is charged under the ordinary Code or the PTA changes the detention, bail and evidence rules fundamentally — establish which applies first. Bail is governed by the Bail Act 1997, but is excluded or restricted for many PTA and drug offences.