Criminal law in Nauru

The Crimes Act 2016 replaced the Criminal Code 1899 and sets the main rules for criminal responsibility. An offence can depend on intention, knowledge, recklessness, negligence or, for some offences, strict or absolute liability. The prosecution generally carries the burden of proof. The law also addresses attempts, aiding and abetting, conspiracy, joint offending, corporate responsibility and defences such as self-defence, duress, mistake, mental impairment, intoxication and lawful authority. The Nauru Police Force investigates offences, makes arrests under legal conditions, executes warrants, searches people, places and vehicles, seizes evidence and documents crime scenes. Its powers also cover access to and copying of computer data and preservation of electronic evidence. The Office of the Director of Public Prosecutions handles prosecutions, while the Nauru Police Force can conduct prosecutions in the District Court. The system applies nationally; the research identified no separate criminal jurisdiction for an island district or municipality. A case may begin with a complaint or formal charge, followed by a summons or warrant, arrest or first appearance, bail or remand and a hearing. The District Court handles matters within its statutory jurisdiction. The Supreme Court has original jurisdiction where an offence carries the death penalty or more than five years' imprisonment, where the maximum fine exceeds $50,000, or where legislation excludes District Court jurisdiction. A Supreme Court criminal trial is heard by a judge alone. Appeals may proceed from the District Court to the Supreme Court and from the Supreme Court to the Nauru Court of Appeal. The Constitution protects fair criminal proceedings. A person detained without release must generally be brought before a judge or judicial officer within 24 hours. Constitutional protections include a presumption of innocence, prompt and detailed notice of the charge in an understandable language, adequate preparation time and facilities, an interpreter without charge, legal representation, examination of witnesses, the right to remain silent, protection against self-incrimination, a public hearing within a reasonable time, an independent and impartial court, protection against retroactive heavier punishment and protection against being tried twice for the same matter. The President may grant a pardon or respite under the Constitution. The Bail Act 2018 replaced the earlier bail provisions in the Criminal Procedure Act. Bail generally starts from a presumption in favour of release, but statutory exceptions and restrictions apply. A court may impose conditions, require a surety or security and order remand. Relevant risks include absconding, interference with witnesses or evidence, public or community safety, repeat offending and harm to police. Bail decisions can be appealed to the Supreme Court and, where permitted, the Nauru Court of Appeal. The Criminal Procedure Act requires disclosure of documents, witness statements, expert reports and photographs as soon as practicable after the charge or first appearance. A witness list and notice must generally be provided at least 14 days before trial. Criminal proceedings do not have one guaranteed overall duration, and court capacity, case management and backlog can affect timing. Sanctions can include imprisonment, fines, probation, community service, good-behaviour orders and suspended sentences. A court may also order compensation or restoration. Under section 121A of the Criminal Procedure Act, documented compensation can reach $10,000 for bodily injury or for repairing or replacing property. The Correctional Service manages remand and convicted prisoners, supports rehabilitation and reintegration, and administers parole and remission. Remission can be up to one third of an imprisonment term longer than one month, except for life imprisonment, subject to an effective sentence of at least 31 days. The Crimes Act covers offences against life, including murder, manslaughter and criminal negligence. Murder carries life imprisonment, and the 2016 framework does not provide for the death penalty. Other parts cover serious harm, assault, deprivation of liberty, theft, robbery, burglary, deception, unlawful entry and handling stolen property. Trafficking stolen property under the 2024 amendment can carry up to 10 years' imprisonment. Sexual offences include rape, including marital rape, indecent acts, voyeurism, non-consensual intimate images, incest and offences involving children under 16. For child sexual offences, consent is not a defence, and very serious cases involving very young children can carry life imprisonment. Special criminal laws cover drugs, proceeds of crime, money laundering and terrorism financing, public order, immigration, ports, aviation and environmental matters where a criminal offence is involved. The Motor Traffic Act 2014 and Naoero Roads Act 2017 cover licensing, registration, dangerous or careless driving, drink-driving, accident duties and unauthorised use of vehicles. Police may enforce these rules and may seize or impound vehicles. Current penalties depend on the specific offence and applicable amendments. The Cybercrime Act 2015 covers illegal access, interception, data or system interference, unauthorised data collection, misuse of devices, computer-related forgery and fraud, identity-related offences, electronic harassment, online child exploitation and certain obscene, racial or religious material. It allows tools such as production orders, expedited preservation, traffic-data collection, content interception and forensic examination. It can apply when conduct has a connection with Nauru even if part of the conduct occurs abroad. Electronic evidence may be admitted in criminal proceedings. Victims may provide a victim impact statement, and sentencing can take injury, loss and damage into account. Courts restrict the use of a sexual complainant's previous sexual history or reputation unless the court gives permission for relevant questions. Under the Domestic Violence and Family Protection Act 2017, the police can issue safety orders and the District Court can issue protection orders. Breaching a protection order can carry up to 12 months' imprisonment. Support may involve the Nauru Police Force Domestic Violence Unit, WASDA, the Safe House, the Nauru Medical Centre, the Office of the Director of Public Prosecutions and the Child Protection Division. Nauru has no evidenced single national victim-compensation authority. The Office of the Public Legal Defender provides free criminal representation to eligible applicants. Authorities state that Nauruan citizens, asylum seekers and refugees can access the service when they meet the relevant eligibility conditions. An application may require the charge, information, charge sheet, depositions and disclosure material. Advice and document attestation are generally available, while private lawyer fees and court fees, fines or other costs follow separate rules. Children under 10 have no criminal capacity. A child aged 10 to under 14 is generally presumed incapable of crime because the prosecution must prove knowledge that the conduct was wrong. An exception applies to certain death and sexual offences under the 2024 amendment, where children in that age group can be criminally responsible without that proof. The law prohibits a death sentence or life imprisonment for a child and treats imprisonment as a last resort. Special investigation and court requirements apply, while the ordinary criminal procedure remains the main procedural framework where no separate youth procedure is provided.