Criminal law in Vanuatu

Vanuatu's criminal justice system combines the Constitution, written legislation, common-law influences and customary law within statutory limits. Customary law cannot override written law or principles of justice, morality and good order. Extra-judicial punishment and private retaliation are not lawful substitutes for a criminal court process. A person may report a suspected offence to the Vanuatu Police Force (VPF). The police can begin investigating without waiting for a victim to file a complaint or provide a statement. Officers collect statements and other evidence and refer the investigation to the Office of the Public Prosecutor (OPP). The OPP is independent of the Government, police and courts, assesses the evidence and public interest, decides whether to prosecute and selects the charges. It may also advise the police during an investigation. Criminal proceedings can involve arrest, remand, preliminary inquiry, bail, summons and trial. Bail conditions address risks such as non-attendance, interference with witnesses or investigations and further offending; the strength of the evidence may also be considered. An accused person has constitutional protection of liberty, the protection of law, a fair hearing within a reasonable time, an impartial and independent court, legal representation and the presumption of innocence. The prosecution has to prove guilt beyond reasonable doubt. A notice of appeal is generally required within 14 days, while Island Court criminal rules limit an adjournment or remand to a maximum of 7 days at a time. The Magistrates Court has summary criminal jurisdiction for offences carrying up to 2 years' imprisonment. The Supreme Court has unlimited criminal jurisdiction and hears appeals from the Magistrates Court. Island Courts have limited criminal jurisdiction and operate through 11 local courts, each with three justices. Court access and timing depend on the island, registry, remand position, evidence and available legal resources. Registries include Port Vila, Isangel on Tanna, Lakatoro on Malekula and Luganville on Santo. No uniform nationwide fee or case-duration figure was identified in the reviewed sources. The Penal Code covers sexual offences, violence, homicide and intentional homicide, unintentional harm, theft and receiving, robbery and extortion, arson, forgery, threats, criminal libel and offences involving public authority. The Family Protection Act provides a specialised criminal regime for domestic violence. Road offences include driving under the influence under section 16 of the Road Traffic (Control) Act [Cap 29]. Causing death by reckless driving under section 12 can carry a fine of up to VT 500,000, imprisonment for up to 5 years or both. Depending on the facts, causing death through unintentional harm under section 108(c) of the Penal Code may also be charged. Unlicensed driving can affect the assessment of the case and sentence. The Cybercrime Act No. 22 of 2021 covers conduct such as illegal access, illegal interception, unauthorised interference, misuse of devices, computer-data offences, identity-related crime, cyber stalking, child-related sexual offences, computer forgery and fraud. It also provides for preservation orders, warrants, electronic evidence and international cooperation. The Harmful Digital Communications Act No. 14 of 2024 and Penal Code sections 114A, 120 and 121 can apply to threatening or defamatory online conduct. The VPF, CERT Vanuatu and the Department of Communications and Digital Transformation support the digital response. Vanuatu's accession to the Budapest Convention took effect on 1 October 2025, with the Department of Communications and Digital Transformation serving as a 24/7 contact point for relevant cooperation. Possible sanctions include imprisonment, fines, probation, community work, supervision, parole, compensation or reparation, and confiscation or forfeiture of proceeds and instruments of crime. The court considers community placement where practicable and consistent with safety. The Department of Correctional Services and Probation Service manage custody and community supervision. The Community Parole Board decides parole matters; standard parole conditions include reporting to a probation officer within 72 hours, notifying residence and participating in required programmes. A breach can lead to changed conditions, cancellation or recall. The reviewed framework refers to a minimum parole period of 12 months. The OPP Victim Support Service has operated since 19 October 2020. The OPP Victim Charter describes dignity and respect, case updates, information about the process, counselling referral, protective bail conditions, suppression of home or contact details, privacy, return of property and applications for compensation or reparation. A victim may provide a written or oral Victim Impact Statement. Child witnesses under 18 and victims of sexual offences may receive measures such as name suppression, a closed court, a screen and a support person. Interpreters, transport and medical or psychological support may be available for people with disabilities, and the Vanuatu Women's Centre provides support in relevant cases. A broad national victim-protection framework or model has not yet been established according to the reviewed OPP material. Criminal responsibility begins at age 10. A child under 10 cannot be prosecuted, while a child aged 10 to 14 is presumed not to understand the criminal nature of the act unless the prosecution proves otherwise beyond reasonable doubt. Vanuatu has no separate comprehensive juvenile justice statute in the reviewed material. A 2013 memorandum-based pathway supports police diversion through warnings, cautions, mediation and community conferences. The system also uses a separate youth list at the Port Vila Magistrates Court, marks the child's age on the charge sheet and provides an Office of the Public Solicitor lawyer roster for police custody and court appearances. Arrest, detention and imprisonment should be used only as a last resort and for the shortest appropriate period, but access and quality vary by island and resources. For offences involving evidence or suspects outside Vanuatu, the Mutual Assistance in Criminal Matters Act 2003 [Cap 285] and Extradition Act 2003 provide cooperation mechanisms. The OPP acts as the central authority for mutual assistance. Criminal proceedings are separate from civil claims, although a criminal court may order compensation or reparation where the law and case permit.