Searching for appropriate criminal evidence laws in the South Pacific

Abstract

Most island states in the South Pacific have inherited a common law legal system as a consequence of their colonial history. After independence only a few of these countries have been active in replacing or amending the inherited laws. In the field of evidence, many countries are still reliant on introduced statutes from the 19th century. Commencing with a brief outline of legal systems in the small island states of the South Pacific, this article moves on to identify the legislation which governs criminal evidence in a representative sample of countries from Melanesia, Micronesia and Polynesia. It explains the complexities of this exercise in countries which still rely in whole or in part on legislation introduced during the colonial era. The article then moves on to discuss the application of the common law and the extent to which South Pacific courts have developed their own jurisprudence in this area. It considers how far these countries have come in developing their own rules of criminal evidence. The article concludes with a discussion of whether the prevailing criminal evidence laws are suitable for the circumstances of South Pacific island countries.