Courts and justice

The courts of Coral Island

Coral Island has three courts of criminal jurisdiction (section 3 of the Courts and Criminal Procedure Ordinance 2026):

The Island Court and the Court of Appeal are established by Article 13 of the Constitution. The Magistrates' Court is established by the Courts and Criminal Procedure Ordinance 2026 from 1 October 2026. The Chief Justice heads the judiciary.

The President appoints the Chief Justice, the judges of the Island Court, the Justices of Appeal and the magistrates by instrument published in the Gazette, consulting the Chief Justice before any other appointment (section 4).

The Registrar of the Courts keeps the records of every court at the Court Registry, Government Complex, Puerto Coral. Hearings are listed in public there and judgments are open to inspection. Write to the Court Registry about any case.

Hearings and judgments are public unless a court orders otherwise, with reasons, to protect a witness, a juror or national security. Sentences are always announced in public (section 9).

The Magistrates' Court

The Magistrates' Court is a magistrate sitting alone (section 5 of the Courts and Criminal Procedure Ordinance 2026). It:

• tries summary offences, and offences triable either way when they are tried summarily
• hears first appearances after charge
• issues warrants of arrest and search warrants
• decides bail
• hears appeals against decisions on firearm certificates and permits, and on premises liquor licences

For one offence the Magistrates' Court may impose a fine up to level 7 on the standard scale ($25,000) and imprisonment for up to 12 months, and no more than 24 months in total for several offences. A case that needs a heavier sentence is tried in the Island Court.

The Court sits at the Government Complex, Puerto Coral, at times the Chief Justice directs. Magistrates hold office for 2 years and may be reappointed. A magistrate may be removed during their term only for misconduct or incapacity found by a tribunal of one or more judges of the Island Court, which gives written reasons.

The Island Court

The Island Court is the island's superior court. It hears civil and criminal cases arising on Coral Island, and has unlimited criminal jurisdiction (section 6 of the Courts and Criminal Procedure Ordinance 2026). It:

• tries every offence on indictment, before a judge and a jury of 7
• hears appeals from the Magistrates' Court
• reviews decisions on bail
• alone may try a charge of murder or treason
• hears any challenge to a proclamation, regulation or order made during a state of emergency

The Chief Justice presides in the Island Court. Its judges are independent and are removed only for misconduct or incapacity found by a tribunal (Constitution, Article 13).

The Court of Appeal

Appeals from the Island Court go to the Court of Appeal (section 7 of the Courts and Criminal Procedure Ordinance 2026). It sits as three Justices of Appeal, none of whom took part in the trial.

It hears appeals against conviction and sentence from the Island Court, references by the Attorney General of sentences that are unduly lenient, and every case in which a sentence of death has been passed. Its decision is final.

The Attorney General

The Attorney General is the principal legal adviser to the Government and is responsible for prosecutions (Article 14). The Attorney General's Chambers also draft ordinances and legal notices.

Prosecutions are brought by or on behalf of the Attorney General. Police officers may conduct summary prosecutions in the Magistrates' Court on the Attorney General's behalf (section 15 of the Courts and Criminal Procedure Ordinance 2026).

The Attorney General may take over or discontinue any prosecution, with reasons recorded. A charge of an offence triable on indictment proceeds only with the Attorney General's consent, and a private prosecution needs that consent too.

The police

The Coral Island Police Service keeps the peace, prevents and detects crime and enforces the laws of Coral Island on the island and in its waters. It also licenses firearms through the Firearms Registry (section 3 of the Police Service Ordinance 2026).

The Commissioner of the Coral Island Police Service is appointed by the President, commands the Service and decides operational matters. No Minister may direct the Commissioner to investigate, arrest or charge any particular person, or not to (section 4).

The powers of officers are set by law:

• Stop and search: only on reasonable grounds, after the officer has given their name, station and the reason (section 8).
• Arrest: where it is necessary, for example to learn a person's name, to prevent harm, to allow a prompt investigation or to prevent the person leaving the island (section 10).
• Entry to premises: with a warrant from a magistrate, or without one only to arrest for an indictable offence, to save life or prevent serious injury or damage, to recapture a person unlawfully at large, or in immediate pursuit (section 12).
• Force: only what is reasonable in the circumstances, and force likely to cause death or grievous harm only where absolutely necessary to protect life (section 14).
• Penalty notices: for the minor offences listed in the Penalty Notices Regulations 2026 (section 18).

Every stop, search, arrest, entry, seizure and use of force must be recorded. You may ask for the record about you under the Access to Information Ordinance 2026.

Complaints about the police. Complain to the Commissioner first, at the Police station, Puerto Coral, or through the complaints service, choosing the Ministry of Health and Public Safety. A complaint that is not resolved may go to the Complaints Commissioner. An allegation that an officer has committed a crime is referred to the Attorney General (section 20).

If you are arrested

A person who is arrested has the right (section 11 of the Courts and Criminal Procedure Ordinance 2026):

• to be told that they are under arrest and why, as soon as practicable
• to be told that they need not say anything
• to consult a legal practitioner in private
• to have one person told where they are
• to an interpreter
• to medical attention
• to be treated humanely

Nothing said as a result of force, threats or inducements is admissible in evidence.

A person arrested must be released, charged or brought before a magistrate within 24 hours of the arrest. A magistrate may extend detention once, by up to 24 hours, for reasons recorded (section 12).

A charge is made in writing by a police officer or by the Attorney General (section 13). A person charged and not released on bail is brought before a magistrate as soon as practicable, and in any event within 48 hours (section 14).

Bail

A person charged with an offence has a right to bail unless the court is satisfied that there are substantial grounds to believe that they would fail to surrender, commit an offence, interfere with witnesses, or need protection (section 16 of the Courts and Criminal Procedure Ordinance 2026).

Bail may carry conditions, including:

• living at a stated address
• reporting to the police
• surrendering travel documents
• not leaving Coral Island
• a surety

A police officer may bail a person charged with a summary offence to appear before the Magistrates' Court. A person charged with murder or treason may be granted bail only by a judge of the Island Court, and only in exceptional circumstances. The Island Court may review a magistrate's decision on bail.

Failing without reasonable cause to surrender to bail is an offence, and a magistrate may issue a warrant (section 17).

Trials

Summary trial. A summary offence is tried by a magistrate, who gives reasons for the verdict (section 18 of the Courts and Criminal Procedure Ordinance 2026).

Offences triable either way. The magistrate decides whether the case is suitable for summary trial. The accused may always choose trial on indictment in the Island Court instead (section 19).

Trial on indictment. The indictment is signed by the Attorney General and served on the accused at least 14 days before the trial. The trial is before a judge and a jury of 7, drawn by lot by the Registrar from adult citizens and residence permit holders. Police officers, members of the Defence Force, judges, magistrates, officers of the courts and anyone convicted of an indictable offence cannot serve (section 22).

The accused may choose trial by a judge alone, except on a charge of murder or treason. A verdict of at least 6 of the 7 jurors may be accepted after the jury has deliberated for a reasonable time, except on a charge of murder or treason, where the verdict must be unanimous.

Rights of the accused. Every accused person has the right (section 23):

• to be presumed innocent: the prosecution must prove guilt beyond reasonable doubt
• to be present at the trial
• to be represented by a legal practitioner of their choice, and at public expense in a capital case or where the interests of justice require it
• to an interpreter
• to see the prosecution evidence in good time
• to call and question witnesses
• not to be compelled to give evidence

These rights give effect to the fair hearing guaranteed by Article 5 of the Constitution. A confession obtained by oppression, or in circumstances likely to make it unreliable, is excluded (section 24).

No one is tried again for an offence of which they have been acquitted or convicted, except on a retrial ordered by the Court of Appeal (section 25).

Sentences

The courts may pass the sentences set out in section 17 of the Criminal Code Ordinance 2026: imprisonment for life or for a term, a fine, compensation to a victim, forfeiture, community service, a conditional or absolute discharge, and disqualification where a law allows it. A sentence of death may be passed only for murder or treason, and only as described under the most serious crimes.

Principles. A sentence must be proportionate to the seriousness of the offence and the offender's culpability, consistent with other cases, and explained in public (section 26 of the Courts and Criminal Procedure Ordinance 2026). An early plea of guilty may reduce a sentence by up to one third, except on a charge of murder or treason.

Fines. Maximum fines are set on the standard scale (section 14 of the Criminal Code Ordinance 2026):

On conviction on indictment a fine has no maximum. The court fixes the time to pay, which is 7 days unless it orders otherwise, and a term of imprisonment if the fine is not paid (section 29).

Penalty notices. Many minor offences may be dealt with by a penalty notice. Paying the fixed penalty within 14 days discharges liability and is not a conviction. The person may instead ask to be tried.

Compensation, forfeiture and community service. A court may order compensation to a victim, forfeiture of property used in an offence and confiscation of the proceeds of crime, and may order up to 100 hours of unpaid work for the benefit of the island (sections 30 and 31).

Imprisonment. Time spent in custody on remand counts towards a sentence. A life sentence carries a minimum term, set in public (section 28). Prisoners are held in places of custody designated by the Minister by notice in the Gazette. Until a prison is established on Coral Island, a place of custody may be outside the island under an arrangement with the Los Santos authorities (section 47 and GN 13/2026).

Removal. When a person who is not a citizen is convicted of an offence punishable with imprisonment, the court may recommend to the Department of Immigration and Citizenship that they be removed and banned from entry. The Department decides (section 32).

The most serious crimes

Coral Island has the death penalty for two offences only: murder and treason (section 19 of the Criminal Code Ordinance 2026). The law surrounds it with safeguards at every stage, set out in Part 7 of the Courts and Criminal Procedure Ordinance 2026.

Which offences

• Only murder (section 20) and treason (section 44) are capital offences. An attempt, a conspiracy or encouraging either offence never carries death.
• Death is never mandatory. Where it is not passed for murder or treason, the sentence is imprisonment for life with a minimum term set by the court (section 18).
• No one may be convicted of treason on the evidence of one witness unless it is corroborated, and speech alone is never treason.
• No one can be punished for anything done before 1 October 2026 (section 4).
• Emergency regulations may never provide for a sentence of death (section 6 of the Emergency Powers Ordinance 2026).

The trial

• A capital charge is tried only in the Island Court, before a judge and a jury of 7, and never by a judge alone (section 34).
• The court does not accept a plea of guilty. The trial goes ahead as if the accused had pleaded not guilty.
• The accused is represented by a legal practitioner, at public expense if necessary.
• The verdict must be unanimous.

The sentence

• The court may consider death only if the Attorney General gave written notice before the trial that the prosecution would ask for it (section 35).
• After a conviction there is a separate sentencing hearing. The court receives reports on the offender's history, health and mental condition, and hears the defence in mitigation.
• Death may be passed only if the judge is satisfied beyond reasonable doubt that the offence is among the most serious of its kind and that imprisonment for life would not meet the justice of the case. Otherwise the sentence is imprisonment for life. The judge gives reasons in public.
• No sentence of death may be passed on a person who was under 18 when the offence was committed, a person who is pregnant, or a person whose responsibility at the time was substantially impaired by mental disorder. A sentence is not carried out while the condemned person lacks the capacity to understand it or its reason (section 36).

Automatic appeal and mercy

• Every sentence of death is referred to the Court of Appeal by the Registrar within 14 days, whether or not the condemned person appeals, and the reference cannot be withdrawn. The Court reviews the conviction and the sentence, and may quash the conviction, order a retrial, substitute a conviction for a lesser offence, substitute imprisonment for life, or affirm (section 37).
• No sentence may be increased to death on any appeal or reference (section 40).
• If the Court of Appeal affirms the sentence, the Advisory Committee on the Prerogative of Mercy considers the case and advises the President in writing within 30 days. The condemned person and their legal practitioner may make written representations and appear before the Committee (section 45).
• The President decides in writing whether to exercise the power of mercy. The decision is given to the condemned person and their legal practitioner, and the fact of it is published in the Gazette. New information may be referred back to the Committee at any time before the sentence is carried out.

Before any sentence is carried out

• No step is taken to carry out a sentence of death until the Court of Appeal has decided the case, the President has decided in writing not to exercise the power of mercy, and no application about the conviction or sentence is pending before any court or the Advisory Committee (section 38).
• The sentence may then be carried out only under a warrant signed by the President, not earlier than 7 days after the condemned person has been told of the President's decision, and in private, at a place and in a manner prescribed by regulations (section 48).
• Before then the condemned person may be visited by their legal practitioner, by members of their family and by a minister of their religion.
• The Registrar of the Courts certifies that the sentence has been carried out, and the fact is published in the Gazette.

Appeals

• From the Magistrates' Court to the Island Court, against conviction or sentence, by notice within 14 days (section 39 of the Courts and Criminal Procedure Ordinance 2026).
• From the Island Court to the Court of Appeal, against conviction or sentence, within 14 days (section 40).
• The Attorney General may refer a sentence that is unduly lenient to the Court of Appeal.
• On an appeal the court may allow or dismiss it, order a retrial, or substitute another verdict or sentence (section 41).
• No sentence may be increased to death on any appeal or reference.
• Bail may be granted while an appeal is pending, except to a person sentenced to death (section 42).

Appeals against the refusal, suspension or revocation of a firearm certificate or permit, or of a premises liquor licence, go to the Magistrates' Court within 14 days. An appeal does not postpone the surrender of a firearm.

The power of mercy

Article 7 of the Constitution gives the President the power to grant pardons. The Courts and Criminal Procedure Ordinance 2026 calls this the power of mercy, and provides that it may be exercised by (section 43):

• a free pardon
• a pardon on conditions
• a respite of the carrying out of any sentence, for a stated or an indefinite period
• substituting a less severe punishment, including imprisonment for life in place of death
• remitting all or part of a sentence, fine or forfeiture

The power may be exercised at any time after conviction.

The Advisory Committee on the Prerogative of Mercy has a chair appointed by the President who is not a Minister, judge, magistrate or police officer, a medical practitioner of the Island Health Clinic, and two citizens of standing appointed by the President. Members serve for 2 years and their appointments are published in the Gazette. The Attorney General attends to advise but does not vote (section 44).

The Committee considers every capital case. The President acts after considering its advice, but is not bound by it.

Petitions. Any convicted person, or someone on their behalf, may petition the President for mercy in writing through the Cabinet Office, Government House. The President may refer a petition to the Committee (section 46).

Challenging a decision about you

If you think a Government decision about you is wrong, start by making a complaint. Every complaint receives a written answer, and you can take it to the Complaints Commissioner if you are not satisfied.