Criminal law in Samoa

The Samoan term solitulafono refers to criminal offending. Samoa does not punish an act merely because it was treated as a common-law offence; criminal liability generally requires a statutory basis, apart from contempt of court. Samoan criminal law can apply to conduct in Samoa and to defined extraterritorial or transnational cases. Not knowing the law does not generally excuse an offence. Defences and excuses can include infancy, insanity, compulsion, self-defence and defence of a dwelling, land or movable property, depending on the facts and the applicable law. The Crimes Act 2013 contains offences involving public order, sexual conduct, homicide, assault and injury, kidnapping, obstruction of justice, organised crime, corruption, money laundering, smuggling, trafficking, theft, receiving, robbery, burglary, deception, blackmail, arson, transport danger, forgery and false documents. The Narcotics Act 1967 governs narcotics offences, while the Sex Offenders Registration Act 2017 provides registration rules for relevant convictions. Criminal liability and available penalties depend on the exact offence, the circumstances and the statute applied. Samoa Police Service receives reports through local police stations and investigates through its Criminal Investigation Division and Forensic Unit. Police powers can include arrest, search, use of force, forensic sampling and the collection of electronic evidence under the Police Powers Act 2007 and other applicable laws. Surveillance warrants may be available for unlawful activity carrying a maximum prison term of at least 12 months, with emergency authorisation available in defined circumstances. Emergency police assistance is available on 911; Police Headquarters can be reached at 22 222. The Office of the Attorney-General, through its Criminal Prosecution Division, has sole discretion to institute, conduct or discontinue a prosecution. A case normally proceeds through an information or other charging document. The Supreme Court has unlimited criminal jurisdiction and regularly handles offences carrying more than seven years' imprisonment. The District Court handles less serious offences; Ministry of Justice and Courts Administration information identifies a general maximum of five years for that court. The Fa'amasino Fesoasoani, meaning an assisting magistrate, generally deals with matters carrying up to one year of imprisonment or a ST$1,000 fine, including theft up to ST$1,000. The Youth Court operates as a specialised division of the District Court. Appeals from the District Court and Youth Court go to the Supreme Court, with the Court of Appeal as the highest appellate court. A person arrested in Samoa should receive the grounds for the arrest or charge promptly. The person has the right to remain silent, consult a lawyer and receive a fair and public hearing within a reasonable time. A person held after arrest should be brought before a remanding officer within 24 hours, excluding the necessary journey. Unlawful detention can be challenged in the Supreme Court. Constitutional protections include the presumption of innocence and fair-trial guarantees. An unrepresented defendant should receive a court caution and retain the opportunity to cross-examine witnesses and present evidence. Bail is available as of right when the alleged offence carries no imprisonment. It is also generally available as of right when the maximum imprisonment is below three years, subject to stated exceptions including child assault, male-on-female assault and a previous imprisonable conviction. In other cases, the court decides whether to grant bail. The court can consider the risk of non-appearance, interference with witnesses or evidence, reoffending, the seriousness of the allegation and the person's history. Bail for narcotics offending requires a court order. Courts may restrict public or media access to protect the fairness of proceedings or privacy. The name and identifying details of a sexual-offence victim are generally protected. Youth proceedings are closed, and publication of identifying information about young people and victims is restricted. These protections do not remove the accused person's right to a fair hearing. Sentencing can pursue accountability, recognition of victim and community interests, denunciation, deterrence, protection, rehabilitation and reintegration. Available orders can include a fine, reparation, community work, supervision, community detention, imprisonment, discharge and other orders authorised by law. Reparation can address property loss, physical harm and consequential loss and may sometimes involve work or service. Community detention can last up to two years and may include a curfew of up to 84 hours per week. A later change to the applicable penalty can provide a lesser-penalty benefit where the statutory conditions are met. The Community Justice Act allows community-based responses that can take account of custom and tradition, compensation and fa'aleleiga, a Samoan process associated with reconciliation. Samoa Prisons and Corrections Service is responsible for custody, care, management and rehabilitation. People in custody retain rights to basic needs and are subject to inspection arrangements involving Visiting Justices. Parole operates within the applicable corrections and parole framework. Victims can provide information for a prosecution and may raise victim impact and reparation interests at sentencing. A victim of family violence can also use the protection-order process under the Family Safety Act, separately from making a criminal complaint. An application may be supported or made through a complainant, lawyer, Village Representative, Child Welfare Officer, counsellor, health provider, social worker or teacher. The Police Domestic Violence Unit implements the Family Safety Act and coordinates with Samoa Victim Support Group on interim and protection orders and victim assistance. Criminal proceedings and civil or family protection processes can therefore address different consequences of the same conduct. Children under 10 cannot be criminally charged. A child aged 10 to under 12 can be criminally liable only if the child understood that the conduct was morally or legally wrong. A young person generally means someone aged 10 to under 17, while the Criminal Procedure Act treats a child defendant as someone aged 10 to under 18 for procedural purposes. The Youth Court uses Samoan by default and English when it is the young person's first language, with an interpreter where practicable. The young person can seek independent legal advice, legal aid and attendance by a parent, caregiver or family member where practicable. Police may use warnings or formal warnings instead of prosecution unless the seriousness of the conduct, the person's history or the victim's view weighs against that response. A pre-sentence meeting based on Samoan custom or tradition can occur within a maximum period of 31 days after the court's direction. The victim or family, police, probation, village and church representatives may attend where appropriate. Outcomes can include reparation or reconciliation, with implementation lasting up to six months. Community work can reach 100 hours. Custody is intended as a last resort for young people, with a youth facility preferred and separation from adults required where custody occurs. Road offending follows a separate enforcement pathway under the Road Traffic Ordinance 1960. It covers licensing, registration, vehicle fitness, unlicensed driving, careless, reckless or dangerous driving, street racing, loss of traction and negligent driving causing injury or death. Police may stop drivers, establish identity, require breath or blood testing and impound vehicles where the law permits. Driving under the influence of alcohol or drugs while unable to exercise proper control can carry up to 50 penalty units, five years' imprisonment or both, and normally involves at least 12 months' disqualification. Negligent driving causing injury can carry up to seven years or 200 penalty units; causing death can carry up to 10 years or 250 penalty units. The relevant minimum disqualification for causing injury or death is one year. Digital offending in Samoa is regulated through a fragmented framework rather than a separately identified general cybercrime statute. Section 74 of the Telecommunications Act 2005 addresses unauthorised network access, interception, damage or alteration of data, disruption, malware or related tools and passwords, and telecommunications harassment. Depending on the offender, penalties can reach 50 or 100 penalty units for a natural person, two years' imprisonment for a responsible officer in the relevant circumstances, and 5,000 or 10,000 penalty units for a company. The Crimes Act can also apply to forgery, deception, blackmail and personal-information offences. The Electronic Transactions Act 2008 recognises electronic records, signatures and evidence but is not a general cybercrime penalty code. Police, the Attorney-General's Office and the courts handle these cases through the applicable offence provisions. The Ministry of Justice and Courts Administration publishes a general ST$18 filing fee for a motion or application and document-copy fees, but no separate standard filing fee for a criminal case is publicly listed. A court can order a convicted person to pay costs such as court fees, witness expenses, interpreter costs or lawyers' costs. Legal aid is expressly referenced in Youth Court and appellate contexts, while general eligibility information is not fully specified in the public material. A general appeal from the District Court normally requires notice within 14 working days, although an extension may be available on reasonable grounds. Criminal registries and court services are available at Mulinuu in Apia and at Tuasivi on Savai'i. Services operate in English and Samoan. The applicable court, procedure, penalty and protection depend on the alleged offence, the accused person's age, the victim's circumstances and the stage of the case.