![]() ![]() The High Court has "unlimited original civil and criminal jurisdiction" (in more serious cases), and appellate jurisdiction, hearing appeals from the magistrates' courts and from the Customary Land Appeal Court (on points of law only for the latter). Appeals from the magistrates' court are heard by the High Court. The court has both original and appellate jurisdiction, hearing appeals from local courts. The maximum sentence imposable in criminal cases is fourteen years' imprisonment. Civil cases in contract or tort may only be heard in the magistrates' court if the value of the claim does not exceed SI$6,000. Magistrates' courts have both civil and criminal jurisdiction, in limited types of cases. Appeals from this court are possible only on a point of law, and are heard by the High Court. The Customary Land Appeal Court hears only cases relating to the use and ownership of indigenous customary land, on appeal from a local court. Īppeals from a local court are heard by a magistrate's court, or by the Customary Land Appeal Court if the dispute relates to customary land. ![]() A case may only be brought to a local court once "all traditional means of resolving the dispute have been exhausted", and the case has been submitted to local chiefs without the latter's ruling being satisfactory to all parties. Sentences passed in criminal cases may not exceed six months imprisonment, nor a fine of SI$ 200. ![]() Rulings are issued not by professional judges but by community elders, applying customary law and local by-laws. Local courts have both civil and criminal jurisdiction when all parties live within the area under that jurisdiction. The court system at present is structured as follows. ![]() Foreign judges are also found in the High Court. Thus, the judges of the Court of Appeal "include senior judges from Australia, New Zealand and Papua New Guinea". Like that of most Pacific island countries, Solomon Islands' court system relies partly on foreign judges, from other common law countries. The judiciary was strengthened over the following years, and as of 2013 RAMSI maintains "19 long-term advisers supporting the Solomon Islands judicial system". Prior to the beginning of the international Regional Assistance Mission to Solomon Islands (RAMSI) in 2003, designed to restore peace and order in the country and reinforce its institutions, the "justice system was barely functioning, with courts rarely sitting and those awaiting trial often waiting more than two years for their case to be heard". The court system is under the responsibility of the Minister for Justice and Legal Affairs, who as of June 2013 is Commins Mewa. It also provided for the possibility of "subordinate courts", with no further specification (art.84). The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |