Criminal Procedure Code at Kiribati
Kiribati's criminal procedure is governed by the Criminal Procedure Code 1963, which was enacted during the period when the country was known as the Gilbert Islands under British colonial administration. This code remains in force today, providing the legal framework for the prosecution and trial of criminal offenses in Kiribati.
📘 Overview of the Criminal Procedure Code 1963
The Criminal Procedure Code 1963 outlines the procedures for the investigation, prosecution, and trial of criminal offenses in Kiribati. Key provisions include:
Arrest and Detention: Police officers have the authority to arrest individuals without a warrant under certain circumstances, such as when a cognizable offense is committed in their presence or when they have reasonable grounds to suspect an individual has committed an offense. (Arrest in 'Kiribati - Criminal Procedure Code 1964 (1977) EN')
Search and Seizure: Police officers may search individuals, vehicles, and vessels without a warrant if they have reasonable grounds to suspect that stolen property or articles related to a criminal offense are being conveyed or concealed. (Arrest in 'Kiribati - Criminal Procedure Code 1964 (1977) EN')
Bail and Custody: Individuals arrested without a warrant must be brought before a magistrate's court within 24 hours. If this is not practicable, the person may be released on bail or recognizance, pending their appearance in court. (Arrest in 'Kiribati - Criminal Procedure Code 1964 (1977) EN')
Trial Procedures: The code establishes procedures for the conduct of trials, including the examination of witnesses and the presentation of evidence.
🏛️ Application and Amendments
While the Criminal Procedure Code 1963 remains the primary legislation governing criminal procedure in Kiribati, it has been subject to amendments to address evolving legal standards and ensure the protection of constitutional rights.
📚 Accessing the Full Text
For those interested in reviewing the full text of the Criminal Procedure Code 1963, it is available through various legal databases and the official publications of the Kiribati Government. These resources provide comprehensive access to the laws and regulations that govern criminal procedure in the country.
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