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Court of Appeal (Amendment) Act 1987

SOLOMON ISLANDS

THE COURT OF APPEAL (AMENDMENT) ACT 1987

(NO. 9 OF 1987)

Passed by the National Parliament this ninth day of March 1987.

This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the said Bill.

J M Tuhaika
Clerk to the National Parliament

Assented to in Her Majesty's name and on Her Majesty's behalf this third day of April 1987.

B Devesi
Governor-General

Date of commencement: date of publication in the Gazette.

AN ACT to amend the Court of Appeal Act No. 10 of 1978.

ENACTED by the National Parliament of Solomon Islands.

Short title.

1. This Act may be cited as the Court of Appeal (Amendment) Act 1987.

Insertion of new section 20A in Act No. 10 of 1978.

2. Part IV of the Court of Appeal Act is hereby amended by inserting therein immediately after section 20 the following as section 20A -

"Right of appeal in case of acquittal or where sentence is manifestly inadequate

20A. (1) Subject to the provisions of this section, the Director of Public Prosecutions may appeal under this Part to the Court of Appeal where –

(a) a person is tried before the High Court in the first instance and acquitted, (whether in respect of the whole or part of the indictment) on any ground of appeal which involves a question of law only; or

(b) in the opinion of the Director of Public Prosecutions the sentence imposed by the High Court is manifestly inadequate.

(2) On an appeal brought under the provisions of this section, the Court of Appeal may, if it thinks that the decision of the High Court should be set aside or varied on any ground of a wrong decision on any question of law, make such order which the High Court could have made or remit the case, together with judgement or order to the High Court for determination whether or not by way of trial de novo or re-hearing, with such directions as appear to the Court of Appeal to be necessary or expedient.".

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