Courts and Criminal Procedure Ordinance 2026

1. Short title and commencement

This Ordinance may be cited as the Courts and Criminal Procedure Ordinance 2026 and comes into force on the day appointed by notice in the Gazette.

2. Interpretation

In this Ordinance, unless the context requires otherwise:

"accused" means a person charged with an offence;

"the Advisory Committee" means the Advisory Committee on the Prerogative of Mercy established by section 44;

"capital charge" means a charge of a capital offence, and "capital case" means proceedings on a capital charge, including any sentencing hearing, reference, appeal and consideration under Part 9;

"capital offence" means an offence listed in section 19 of the Criminal Code Ordinance 2026;

"condemned person" means a person on whom a sentence of death has been passed and has not been set aside, substituted or remitted;

"indictable offence", "summary offence" and "offence triable either way" have the meanings given by section 15 of the Criminal Code Ordinance 2026;

"judge" means the Chief Justice, a judge of the Island Court or a Justice of Appeal;

"legal practitioner" means a person entitled to practise before the courts of Coral Island under rules of court;

"magistrate" means a magistrate appointed under section 4;

"the Minister" means the Minister responsible for public safety;

"police officer" means an officer of the Coral Island Police Service;

"the Registrar" means the Registrar of the Courts;

"rules of court" means rules made under section 10.

3. Courts of criminal jurisdiction

(1) The courts of criminal jurisdiction of Coral Island are:
(a) the Magistrates' Court;
(b) the Island Court; and
(c) the Court of Appeal.

(2) The Island Court and the Court of Appeal are the courts established by Article 13 of the Constitution. The Island Court is the superior court of Coral Island.

(3) There is established a Magistrates' Court, subordinate to the Island Court.

(4) Each of the courts is a court of record.

4. Judges and magistrates

(1) The Chief Justice is the head of the judiciary of Coral Island and presides in the Island Court.

(2) 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.

(3) The President consults the Chief Justice before making any appointment under subsection (2) other than that of the Chief Justice.

(4) A person may be appointed a judge or a magistrate only if they are of high character and learned in the law.

(5) Judges are independent in the exercise of their judicial functions and may be removed from office only as provided in Article 13 of the Constitution.

(6) A magistrate holds office for 2 years and may be reappointed. A magistrate is independent in deciding cases and may be removed during their term only by the Chief Justice, for misconduct or incapacity found by a tribunal of one or more judges of the Island Court, which gives written reasons.

(7) No judge or magistrate may be removed from office, or have the terms of their office changed to their disadvantage, because of a decision they have made in a case.

5. The Magistrates' Court

(1) The Magistrates' Court consists of a magistrate sitting alone.

(2) The Magistrates' Court:
(a) tries summary offences;
(b) tries offences triable either way when they are to be tried summarily under section 19;
(c) issues warrants of arrest and search warrants;
(d) decides bail;
(e) conducts the first appearance of every person charged with an offence; and
(f) hears any appeal or application that another law gives it, including appeals about licences under the Firearms and Ammunition Ordinance 2026 and the Liquor Licensing Ordinance 2026.

(3) For a single offence, the Magistrates' Court may impose a fine not exceeding level 7 on the standard scale and imprisonment for a term not exceeding 12 months.

(4) Where the Magistrates' Court passes consecutive terms of imprisonment for two or more offences, the total may not exceed 24 months.

(5) The Magistrates' Court may not try an offence triable only on indictment, and may not pass a sentence of death or of imprisonment for life.

(6) The Magistrates' Court sits at the Government Complex, Puerto Coral, on the days and at the times the Chief Justice directs.

6. The Island Court

(1) The Island Court has unlimited original jurisdiction in criminal matters.

(2) The Island Court tries every offence on indictment, before a judge and a jury in accordance with section 22.

(3) The Island Court hears appeals from the Magistrates' Court under section 39, and reviews decisions of the Magistrates' Court on bail.

(4) Only the Island Court may try a capital charge, and only in accordance with Part 7.

7. The Court of Appeal

(1) For each appeal or reference, the Court of Appeal consists of three Justices of Appeal, none of whom took part in the trial or in any earlier hearing of the case.

(2) The Court of Appeal hears appeals and references from the Island Court under Part 8, and every capital case referred to it under section 37.

(3) The Court of Appeal decides by a majority, and its decision is final.

8. The Court Registry

(1) There is a Registrar of the Courts, appointed by the Chief Justice, who is responsible for the administration of the courts.

(2) The Registrar keeps the records of every court at the Court Registry, Government Complex, Puerto Coral.

(3) The Registrar publishes the list of hearings, and keeps every judgment open to inspection by the public at the Court Registry, unless a court orders otherwise under section 9.

(4) Documents for the courts are lodged in writing at the Court Registry.

9. Open justice

(1) Every hearing is held, and every judgment given, in public.

(2) A court may order that all or part of a hearing be held in private, or that the name of a witness or juror not be published, where that is necessary to protect a witness or a juror or for reasons of national security. The court gives its reasons.

(3) Every sentence is announced in public.

10. Rules of court

(1) The Chief Justice may make rules of court for the practice and procedure of the courts, including rules about evidence, forms, time limits, the conduct of hearings and who may practise before the courts.

(2) Rules of court must be consistent with this Ordinance and are published as legal notices in the Gazette.

11. Rights of a person arrested

(1) A person who is arrested must be told that they are under arrest, and why, as soon as practicable.

(2) A person who is arrested has the right:
(a) to be told that they need not say anything, but that anything they say may be given in evidence;
(b) to consult a legal practitioner in private;
(c) to have one person of their choice told where they are;
(d) to an interpreter, if they do not understand the language used;
(e) to medical attention when needed; and
(f) to be treated humanely and with respect for their dignity.

(3) Nothing said by an arrested person as a result of force, a threat or an inducement is admissible in evidence against them.

(4) The powers of arrest are set out in sections 10 and 11 of the Police Service Ordinance 2026.

12. Detention before charge

(1) A person who is arrested must, within 24 hours of their arrest, be released, charged, or brought before a magistrate.

(2) On application by a police officer, a magistrate may extend detention before charge once, by up to 24 hours, where satisfied that the extension is necessary to secure or obtain evidence and that the investigation is being conducted diligently. The magistrate records the reasons.

(3) A person released before charge may be released on condition that they return to the Police station, Puerto Coral, at a stated time.

(4) A person held beyond the time allowed by this section must be released at once, and may apply to the Island Court for an order for their release.

13. Charge

(1) A person is charged with an offence by a written charge that states the offence and the facts alleged, and is given to them.

(2) A charge may be made by a police officer or by the Attorney General.

(3) No proceedings on a charge of an indictable offence may continue beyond the first appearance without the written consent of the Attorney General.

14. First appearance

(1) A person who has been charged and not released on bail must be brought before a magistrate as soon as practicable, and in any event within 48 hours after being charged.

(2) A person released on bail after charge must appear before the Magistrates' Court on the day stated in their bail.

(3) At the first appearance the magistrate explains the charge and decides bail and, for a summary offence or an offence triable either way, takes the plea or fixes a date for taking it.

15. Prosecutions

(1) Prosecutions are brought by or on behalf of the Attorney General, who is responsible for prosecutions under Article 14 of the Constitution.

(2) A police officer may conduct a prosecution in the Magistrates' Court on behalf of the Attorney General.

(3) The Attorney General may take over or discontinue any prosecution at any stage before verdict, and records the reasons in writing.

(4) No private prosecution may be brought without the written consent of the Attorney General.

(5) In deciding whether to prosecute, the Attorney General acts on the evidence and the public interest, and takes no direction from any Minister.

16. Bail

(1) A person charged with an offence has a right to bail, unless the court is satisfied that there are substantial grounds for believing that, if released, they would:
(a) fail to surrender to custody;
(b) commit an offence while on bail;
(c) interfere with witnesses or otherwise obstruct the course of justice; or
(d) be at risk of serious harm, so that they need to be kept in custody for their own protection.

(2) Bail may be granted on conditions, including conditions about residence, reporting to the Police station, surrender of travel documents, not leaving Coral Island, and the provision of a surety.

(3) A person charged with a capital offence may be granted bail only by a judge of the Island Court, and only in exceptional circumstances.

(4) A police officer may release a person charged with a summary offence on bail to appear before the Magistrates' Court on a stated day.

(5) A court that refuses bail, or grants it on conditions, gives its reasons. A person refused bail by a magistrate may apply to a judge of the Island Court.

(6) A police officer may arrest a person who has broken a condition of their bail and bring them before a magistrate, who may reconsider bail.

17. Failure to surrender

(1) A person released on bail who fails without reasonable cause to surrender to custody at the time and place appointed commits an offence.

(2) Where a person fails to surrender, a magistrate or a judge may issue a warrant for their arrest.

(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for 3 months, or to both.

18. Summary trial

(1) On a summary trial, the charge is read to the accused, who is asked whether they plead guilty or not guilty.

(2) If the accused pleads guilty, the magistrate may convict them and proceed to sentence.

(3) If the accused pleads not guilty, or does not plead, the magistrate hears the evidence for the prosecution and for the defence and decides whether the charge is proved beyond reasonable doubt.

(4) The magistrate gives reasons for the verdict in public.

19. Offences triable either way

(1) Where a person appears before the Magistrates' Court charged with an offence triable either way, the magistrate, having heard the prosecution and the accused, decides whether the case is more suitable for summary trial or for trial on indictment.

(2) In deciding, the magistrate considers the nature and seriousness of the case and whether the sentencing powers of the Magistrates' Court would be adequate.

(3) The accused may always elect trial on indictment.

(4) Where the magistrate decides that the case is suitable for summary trial and the accused does not elect trial on indictment, the case is tried summarily.

20. Sending for trial

(1) Where a person appears before the Magistrates' Court charged with an offence triable only on indictment, the magistrate sends them to the Island Court for trial.

(2) The magistrate also sends to the Island Court any offence triable either way that is to be tried on indictment under section 19.

(3) When a case is sent for trial, the magistrate decides bail until the trial, subject to section 16(3).

21. Indictments

(1) Every trial in the Island Court proceeds on an indictment signed by the Attorney General.

(2) The indictment states each offence charged, with particulars, and is served on the accused at least 14 days before the trial.

(3) The court may allow an indictment to be amended before or during the trial, if the amendment causes no injustice to the accused.

22. Juries

(1) A trial on indictment is before a judge and a jury of 7.

(2) The Registrar draws jurors by lot from citizens and holders of residence permits aged 18 or over, other than:
(a) a police officer, a member of the Coral Island Defence Force, a judge, a magistrate or an officer of the courts; and
(b) a person who has been convicted of an indictable offence.

(3) The prosecution and the accused may each object to a juror for cause, and the judge decides the objection.

(4) An accused may elect in writing, before the jury is sworn, to be tried by a judge alone, except on a capital charge. A judge sitting alone gives reasons for the verdict.

(5) The jury must try to reach a unanimous verdict. After the jury has deliberated for a time the judge considers reasonable, the judge may accept a verdict on which at least 6 of the 7 jurors agree.

(6) On a capital charge, the verdict must be unanimous, and no majority verdict may be accepted.

23. Rights of the accused

(1) Every person charged with an offence is presumed innocent until proved guilty, and the prosecution must prove guilt beyond reasonable doubt.

(2) Every accused has the right:

(a) to be present at their trial;
(b) to defend themselves in person or by a legal practitioner they choose;
(c) to legal representation at public expense in a capital case, and wherever the interests of justice require it;
(d) to a free interpreter, if needed;
(e) to see the prosecution evidence in good time to prepare their defence;
(f) to call witnesses and question those against them; and
(g) not to be compelled to give evidence or confess guilt.

(3) These rights give effect to the fair hearing guaranteed by Article 5 of the Constitution.

24. Evidence

(1) A court admits evidence that is relevant, unless its admission would make the proceedings unfair.

(2) A confession is not admitted against the accused unless the prosecution proves beyond reasonable doubt that it was not obtained by oppression, or by anything said or done that was likely to make it unreliable.

(3) Rules of court may make further provision about evidence.

25. No second trial

(1) No person may be tried again for an offence of which they have been acquitted or convicted, or for any other offence of which they could have been convicted at that trial, except on a retrial ordered by the Court of Appeal.

(2) No person who has been granted a free pardon for an offence may be tried again for it.

26. Principles of sentencing

(1) A sentence must be proportionate to the seriousness of the offence and the culpability of the offender.

(2) In passing sentence, a court considers the harm caused, the circumstances of the offence, the offender's history and personal circumstances, and anything put forward in mitigation.

(3) Sentences for similar offences committed in similar circumstances should be consistent.

(4) The court gives its reasons for the sentence in public.

27. Pleas of guilty

(1) Where an accused pleads guilty, the court may reduce the sentence it would otherwise have passed, by up to one third where the plea was made at the first reasonable opportunity, and by less for a later plea.

(2) This section does not apply to a capital charge, on which a plea of guilty is not accepted (section 34).

28. Imprisonment

(1) Where a court passes terms of imprisonment for two or more offences, it states whether they run concurrently or consecutively.

(2) Time spent in custody on remand in connection with the offence counts towards a term of imprisonment.

(3) When passing a sentence of imprisonment for life, the court sets, in public, the minimum term the offender must serve.

(4) Imprisonment is served in a place of custody designated under section 47.

29. Fines

(1) When a court imposes a fine, it fixes the time for payment, which is 7 days unless the court orders otherwise, and may allow payment by instalments.

(2) The court also fixes a term of imprisonment to be served if the fine is not paid, in proportion to the amount, of not more than 3 months for a fine not exceeding level 4 on the standard scale, 6 months for a fine not exceeding level 7, and 12 months for any larger fine.

(3) A person who pays part of a fine serves a proportionately shorter term in default.

(4) Fines are paid at the Court Registry, and are paid by the Registrar into the Treasury.

30. Compensation, forfeiture and confiscation

(1) A court that convicts a person may order them to pay compensation to any person for injury, loss or damage caused by the offence.

(2) Where the court considers both a fine and compensation appropriate but the offender cannot pay both, compensation takes priority.

(3) A court may order the forfeiture of any property that was used, or intended to be used, in committing the offence.

(4) Where a person convicted of an offence has benefited from it, the Island Court may, on application by the Attorney General, make a confiscation order requiring them to pay an amount up to the value of their proceeds of crime.

31. Community service and discharges

(1) A court may make a community service order requiring the offender to do unpaid work for the benefit of Coral Island, for not more than 100 hours, under the supervision of a public body the court names.

(2) A court that considers punishment unnecessary may discharge the offender absolutely, or on condition that they commit no offence during a stated period of not more than 12 months.

(3) Where an offender breaks the condition of a conditional discharge, or fails without reasonable excuse to perform community service, the court may sentence them again for the original offence.

32. Recommendation for removal

(1) Where 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 the person be removed from Coral Island and banned from entry under section 6 of the Immigration and Citizenship Ordinance 2026.

(2) A recommendation may be made in addition to any other sentence.

(3) A recommendation does not bind the Department. The Department decides whether to remove the person and the length of any entry ban, and gives its reasons in writing.

33. Application of this Part

(1) This Part applies to every capital charge and every capital case.

(2) Where this Part is inconsistent with any other provision of this Ordinance or of any other law, this Part prevails.

(3) Nothing in this Part requires a sentence of death to be passed in any case.

34. Trial of a capital charge

(1) A capital charge may be tried only on indictment in the Island Court, before a judge and a jury of 7. It may never be tried by a judge alone.

(2) The accused must be represented by a legal practitioner at every stage of the case, at public expense where they cannot pay, and the trial may not proceed without that representation.

(3) The court does not accept a plea of guilty to a capital charge. The trial proceeds as if the accused had pleaded not guilty.

(4) The verdict of the jury must be unanimous.

(5) The jury may acquit of the capital charge and convict of any lesser offence proved by the evidence, including manslaughter.

35. Sentencing hearing in a capital case

(1) The court may consider passing a sentence of death only if the Attorney General gave the accused written notice, before the trial began, that the prosecution would ask for that sentence on conviction.

(2) After a conviction for a capital offence, the court holds a separate sentencing hearing. It receives reports on the offender's history, health and mental condition, and hears the defence in mitigation.

(3) The court may pass a sentence of death 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.

(4) In every other case, the sentence is imprisonment for life with a minimum term set under section 28(3).

(5) The judge gives reasons for the sentence in public, and makes a written report on the case for the Court of Appeal and the Advisory Committee.

36. Persons who may not be sentenced to death

(1) A sentence of death may not be passed on a person who:
(a) was under 18 when the offence was committed;
(b) is pregnant; or
(c) at the time of the offence, had their responsibility for it substantially impaired by a mental disorder.

(2) A sentence of death is not carried out on a condemned person who is pregnant, and the President substitutes a sentence of imprisonment for life under section 43.

(3) A sentence of death is not carried out while the condemned person lacks the capacity to understand the sentence or the reason for it, as found on the report of a medical practitioner of the Island Health Clinic.

(4) Where that lack of capacity continues, the President substitutes a sentence of imprisonment for life under section 43.

37. Automatic appeal in a capital case

(1) Every sentence of death is referred to the Court of Appeal by the Registrar within 14 days after it is passed, whether or not the condemned person appeals.

(2) The reference may not be withdrawn, and the condemned person may not waive it.

(3) On the reference, the Court of Appeal reviews both the conviction and the sentence, whether or not any ground of appeal is raised, and hears the condemned person's legal practitioner and the Attorney General.

(4) The Court of Appeal may:
(a) quash the conviction and direct an acquittal;
(b) quash the conviction and order a retrial;
(c) substitute a conviction for a lesser offence and pass the sentence appropriate to it;
(d) substitute a sentence of imprisonment for life; or
(e) affirm the conviction and the sentence.

(5) The Court of Appeal may affirm a sentence of death only if it is itself satisfied that every requirement of sections 34 to 36 has been met.

38. Sentence of death not carried out until the process is complete

No warrant may be issued, and no step may be taken to carry out a sentence of death, until:
(a) the Court of Appeal has determined the case under section 37 and affirmed the sentence;
(b) the President has considered the case under section 45 and decided in writing not to exercise the power of mercy; and
(c) no application concerning the conviction or the sentence is pending before any court or the Advisory Committee.

39. Appeals from the Magistrates' Court

(1) A person convicted by the Magistrates' Court may appeal to the Island Court against the conviction, the sentence or both, by giving notice at the Court Registry within 14 days after the sentence.

(2) The Island Court rehears the case, or so much of it as the appeal concerns, and may exercise the powers in section 41.

(3) The Island Court may extend the time for giving notice for good reason.

40. Appeals to the Court of Appeal

(1) A person convicted on indictment in the Island Court may appeal to the Court of Appeal against the conviction, the sentence or both, by giving notice at the Court Registry within 14 days after the sentence.

(2) A person whose appeal from the Magistrates' Court has been decided by the Island Court may appeal to the Court of Appeal on a point of law, within 14 days after the decision.

(3) The Attorney General may refer a sentence passed in the Island Court to the Court of Appeal, within 14 days after it is passed, on the ground that it is unduly lenient.

(4) No sentence may be increased to death on any appeal or reference.

41. Powers on appeal

(1) On an appeal, the court hearing it may:
(a) allow the appeal and quash the conviction;
(b) dismiss the appeal;
(c) where the court is the Court of Appeal, order a retrial if the interests of justice require it;
(d) substitute a conviction for another offence of which the accused could have been convicted at the trial; or
(e) vary the sentence, or substitute a different sentence.

(2) No court may substitute a sentence of death on any appeal or reference, or pass a sentence of death on a substituted conviction.

(3) On an appeal brought by the convicted person alone, the sentence may not be made more severe.

42. Bail pending appeal

(1) A person who has appealed may be granted bail pending the appeal by the court that is to hear it.

(2) A person sentenced to death may not be granted bail.

43. The power of mercy

(1) The power of the President under Article 7 of the Constitution to grant pardons ("the power of mercy") may be exercised:

(a) by a free pardon;
(b) by a pardon on conditions;
(c) by a respite of the carrying out of any sentence, for a stated or an indefinite period;
(d) by substituting a less severe punishment, including imprisonment for life in place of death; or
(e) by remitting all or part of any sentence, fine or forfeiture.

(2) The power of mercy may be exercised at any time after conviction.

(3) In a capital case, the President decides whether to exercise the power of mercy only after considering the advice of the Advisory Committee, but is not bound by that advice.

(4) A person granted a free pardon is released from every penalty and consequence of the conviction.

(5) A person granted a pardon on conditions who breaks a condition may be required to serve the rest of the original sentence, but never a sentence of death.

(6) The power of mercy is exercised by an instrument in writing signed by the President.

44. Advisory Committee on the Prerogative of Mercy

(1) There is an Advisory Committee on the Prerogative of Mercy, consisting of:
(a) a chair, appointed by the President, who is not a Minister, a judge, a magistrate or a police officer;
(b) a medical practitioner of the Island Health Clinic, appointed by the President; and
(c) two citizens of standing, appointed by the President.

(2) Members are appointed for 2 years and may be reappointed. Every appointment is published in the Gazette.

(3) The Attorney General attends meetings of the Committee to advise it, but does not vote.

(4) The quorum of the Committee is 3 members.

(5) No member may take part in a case in which they have been involved in any other capacity, or in which they have a personal interest.

(6) Subject to this Ordinance, the Committee regulates its own procedure.

45. Consideration of capital cases

(1) When the Court of Appeal affirms a sentence of death, the Registrar sends to the Advisory Committee the written report of the trial judge, the record of the trial and of the appeal, and reports on the condemned person's health and mental condition.

(2) The condemned person and their legal practitioner may make written representations to the Committee, and may appear before it.

(3) The Committee gives its advice to the President in writing within 30 days after receiving the papers.

(4) The President considers the case and the advice, and decides in writing whether to exercise the power of mercy.

(5) The decision is given to the condemned person and their legal practitioner, and the fact that the decision has been made is published in the Gazette.

(6) Where new information comes to light at any time before the sentence is carried out, it may be referred to the Committee, and no step may be taken to carry out the sentence until the President has decided the case again under this section.

46. Petitions for mercy in other cases

(1) Any person convicted of an offence, or any person on their behalf, may petition the President in writing for the exercise of the power of mercy.

(2) A petition is lodged through the Cabinet Office, Government House, Puerto Coral.

(3) The President may refer a petition to the Advisory Committee for advice. The petitioner is told the outcome in writing.

47. Custody of prisoners

(1) A person remanded in custody or sentenced to imprisonment is held in a place of custody designated by the Minister by notice in the Gazette.

(2) Until a prison is established on Coral Island, a place of custody may be outside Coral Island, under an arrangement made with the Los Santos authorities.

(3) Every prisoner is treated humanely and with respect for their dignity, and has access to a legal practitioner and to medical care.

48. Carrying out a sentence of death

(1) A sentence of death may be carried out only under a warrant signed by the President after every requirement of section 38 has been met.

(2) The warrant may not be carried out earlier than 7 days after the condemned person has been told of the President's decision under section 45.

(3) Before the sentence is carried out, the condemned person may be visited by their legal practitioner, by members of their family and by a minister of their religion.

(4) A sentence of death is carried out in private, at a place and in a manner prescribed by regulations made by the Minister.

(5) The Registrar certifies that the sentence has been carried out, and the fact is published in the Gazette.

49. Regulations

(1) The Minister may make regulations for the designation and management of places of custody, the treatment of prisoners, and the matters in section 48.

(2) Rules of court are made by the Chief Justice under section 10.