CRIMINAL PROCEDURE

Table of Contents
Page

Principal
Criminal Procedure Act 1972
Table of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280,201
Table of Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280,401
Criminal Procedure Act 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280,601

Subsidiary
Criminal Procedure (Forms) Rules 1972
Table of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290,001
Table of Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290,201
Criminal Procedure (Forms) Rules 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290,401
Rule of Court 1999
Table of Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295,001
Rule of Court 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295,201
Criminal Procedure (Criminal Convictions) Regulations 2020
Table of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,001
Table of Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,201
Criminal Procedure (Criminal Convictions) Regulations 2020 . . . . . . . . . 300,401

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 LAWS OF THE REPUBLIC OF NAURU

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 Criminal Procedure Act 1972
TABLE OF PROVISIONS
Section Title

PART 1 — PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Trial of offences

PART 2 — POWERS OF THE COURTS

4 Power to try offences under the Crimes Act 2016
5 Power to try offences under other laws
6 Sentences which the Supreme Court may pass
7 Sentences which the District Court may pass
7A Sentence for habitual sexual offenders
8 Combination of sentences
9 Separate sentence to be passed for each offence

PART 2A — ENFORCEMENT
9A Distress
9B Suspension of execution of imprisonment in default of fine
9C Committal in lieu of distress
9D Payment after issue of warrant but before committal
9E Calculation of term of sentence, cumulative sentences, escaped prisoners

PART 3 — ARREST OF OFFENDERS AND PREVENTION OF

OFFENCES
10 Arrest without warrant
11 Mode of making arrest
12 Entry to arrest person under warrant
13 Power to break out of house, etc, for purpose of liberation
14 No unnecessary restraint
15 Search of arrested persons
15A Examination of person in custody
16 Power of police officer to detain and search persons, vehicles, vessels and
aircraft in certain circumstances
17 Power to seize offensive weapons
17A Explosives
18 Refusal to give name and residence
19 Disposal of person arrested by a police officer
20 Disposal of person arrested by private person
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 LAWS OF THE REPUBLIC OF NAURU

Section Title
21 Detention of persons arrested without warrant [Repealed]
21A Procedure for extension of detention of person held in custody under Article
5 of the Constitution
22 Police officer to report certain arrests
23 Offence committed in magistrate’s presence
24 Arrest by magistrate
25 Recapture of person escaping
26 Assistance to magistrate or police officer
27 Security for keeping the peace
28 Order to be made
29 Procedure in respect of person present in court
30 Summons or warrant in case of person not present in court
31 Copy of order under Section 28 to accompany summons or warrant
32 Power to dispense with personal attendance
33 Inquiry as to truth of information
34 Order to give security
34A Apprehended violence order
35 Discharge of person informed against
36 Commencement of period for which security is required
37 Power to reject sureties
38 Procedure on failure of person to give security
38A Failure to comply with apprehended violence order
39 Power to release persons imprisoned for failure to give security
40 Power of Supreme Court to cancel recognizance
41 Discharge of sureties
42 Power to arrest and produce before court person attempting to kill himself or
herself
42A Prevention of unlawful assembly
42B Suppression of riot
42C Suppression of riot by magistrates and police officers
42D Suppression of riot by person acting under lawful orders

PART 4 — PROVISIONS RELATING TO CRIMINAL

PROCEEDINGS
43 General authority of District Court
44 Court to be open
45 Appointment of Director of Public Prosecutions
46 Power of Director of Public Prosecutions to enter nolle prosequi
47 Delegation of powers by Director of Public Prosecutions
48 Public prosecutors and prosecution by police officers
49 Powers of public prosecutors
50 Conduct of prosecution
50A Office of the Public Legal Defender
50B Other staff of the Office of the Public Legal Defender
50C Functions of the Public Legal Defender
50D Assignment of legal representative
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 CRIMINAL PROCEDURE ACT 1972

Section Title
50E Director of the Office of the Public Legal Defender is unable to provide legal
representation
51 Complaint and charge
52 Issue of summons or warrant
53 Notice to attend court
54 Form and contents of summons
55 Service of summons
56 Service when person summoned cannot be found
57 Procedure where service cannot be effected as before provided
58 Service on company or corporation
59 Where summons may be served
60 Proof of service
61 Power to dispense with personal attendance of accused
62 Warrant after issue of summons
63 Summons disobeyed
64 Form, contents and duration of warrant of arrest
65 Court may direct security to be taken
66 To whom warrants are to be directed
67 Notification of substance of warrant
68 Person arrested to be brought before the court without delay
69 Where warrant of arrest may be executed
70 Irregularities in warrant
71 Power to take bond for attendance
72 Arrest for breach of bond for attendance
73 Power of court to order prisoner to be brought before it
74 Provisions of this part generally applicable to summonses and warrants
75 Power to issue search warrant
76 Execution of search warrants
77 Persons in charge of closed places to allow ingress thereto and egress
therefrom
78 Detention of property seized
79 Provisions applicable to search warrants
80 Bail in certain cases [Repealed]
80A Considerations for bail [Repealed]
81 Recognizance of bail [Repealed]
82 Discharge from custody [Repealed]
83 Deposit instead of recognizance [Repealed]
84 Power to order sufficient bail when that first taken is insufficient [Repealed]
85 Discharge of sureties [Repealed]
86 Death of surety [Repealed]
87 Absconding or breaching conditions of bail offences [Repealed]
87A Alleged offences committed during the bail period [Repealed]
88 Forfeiture of recognizance [Repealed]
89 Appeal from and revision of orders [Repealed]
90 Offence to be specified in charge or information with necessary particulars
91 Joinder of counts in a charge or information
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 LAWS OF THE REPUBLIC OF NAURU

Section Title
92 Joinder of two or more accused in one charge or information
93 Rules for the framing of charges and information
94 Person convicted or acquitted not to be tried again for same offence
95 Person may be tried again for separate offence
96 Consequences supervening or not known at time of former trial
97 Where original court was not competent to try subsequent charge
98 Records of criminal and other convictions
98A Proving previous convictions
99 When leave of Cabinet necessary before prosecution may be instituted
100 Power to summon material witnesses and examine persons present
101 Evidence to be given on oath or affirmation
102 Refractory witnesses
103 Compulsory disclosures not to afford evidence
104 Negative averments
105 Cases where wife or husband may be called without the consent of the
accused
106 Competency of accused and husband or wife as witness in criminal cases
107 Procedure where accused is called as witness
108 Right of reply
109 Inquiry by court as to unsoundness of mind of accused
110 Defence of unsoundness of mind at preliminary inquiry
111 Defence of unsoundness of mind on trial
112 Resumption of trial
113 Certificate of medical officer of hospital as to sanity to be evidence
114 Procedure where accused does not understand proceedings
115 Mode of delivering judgment
116 Contents of judgment
117 Copy of judgment, etc, to be given to accused on application
118 Costs [Repealed]
118A No costs to be awarded
119 Order to pay costs appealable [Repealed]
120 Compensation in case of frivolous or vexatious charges
121 Power of courts to award expenses or compensation out of fine
121A Compensation Orders
122 Payment to innocent person of money found on accused
123 Promotion of reconciliation
124 Preservation or disposal of property
125 Property stolen to be restored to owner
126 Stay of order
127 Restoration of possession of real property
128 Procedure by police on seizure of property
129 Conviction of minor offence included in offence charged
130 Conviction of attempt
131 Conviction of killing unborn child on charge of murder, etc [Repealed]
132 Conviction of procuring abortion on charge of killing unborn child [Repealed]
133 Conviction of concealment of birth on charge of murder, etc [Repealed]
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 CRIMINAL PROCEDURE ACT 1972

Section Title
134 Conviction of careless or dangerous driving on charge of manslaughter
[Repealed]
135 Conviction of cognate offence on charge of rape [Repealed]
136 Conviction of unlawful carnal knowledge on charge of incest [Repealed]
137 Conviction of cognate offence on charge of defilement of girl under 17 years
of age [Repealed]
138 Conviction of cognate offence on charge of defilement of girl under 13 years
of age [Repealed]
139 Conviction of cognate offence on charge of burglary, etc [Repealed]
140 Conviction of receiving, retaining or obtaining by false pretences on charge of
stealing [Repealed]
141 Conviction of stealing on charge of obtaining by a false pretence [Repealed]
142 Conviction of assault with intent to rob on charge of robbery [Repealed]
143 Construction of Sections 129 to 142 inclusive [Repealed]
144 Persons charged with jointly receiving property may be convicted on proof
that property was received separately
144A Erroneous sentence or process or warrant
144B Sentence or process or warrant without jurisdiction
144C Arrest of wrong person
144D Irregular process or warrant
144E Force used in executing process or in arrest
144F Duty of persons arresting
144G Particulars
144H Conviction for attempt to commit offence
144I Accomplices
144J Evidence on trials for perjury and subornation
144K Evidence on charges of offences against customs laws
144L Intention to defraud
144M Sentence

PART 5 — MODE OF TAKING AND RECORDING EVIDENCE IN

INQUIRIES AND TRIALS
145 Evidence to be taken in presence of accused
146 Proof by written statement
147 Proof by formal admission
147A General admissibility of hearsay statement
148 Notice of alibi
149 Interpretation of evidence to accused

PART 5A — EVIDENCE BY AUDIO VISUAL LINK

149A Testimony of witnesses in foreign jurisdiction
149B Interpreter
149C Remand or serving prisoners
149D Failure of audio visual link
149E Rules for the purposes of this Part
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 LAWS OF THE REPUBLIC OF NAURU

Section Title
PART 6 — PROCEDURE IN TRIALS BEFORE THE DISTRICT
COURT
150 Non-attendance of complainant at hearing
151 Court may proceed with hearing in absence of accused in certain cases
152 Attendance of both parties
153 Withdrawal of charge
154 Adjournment in the District Court
155 Non-attendance of parties after adjournment
156 Conviction in absence of accused may be set aside
157 Commencement of sentence passed in absence of accused
158 Certain provisions relating to Supreme Court to apply to District Court
159 Limitation of time for summary trials in certain cases
160 Power to stop summary trial and transfer proceedings to the Supreme Court
161 Committal to Supreme Court for sentence

PART 7 — TRANSFER OF ACCUSED PERSONS TO THE

SUPREME COURT FOR TRIAL
162 District Court to transfer charges and proceedings to the Supreme Court
163 Charge to be read over to accused [Repealed]
164 Depositions [Repealed]
165 Variance between evidence and charge [Repealed]
166 Written statements before the District Court [Repealed]
167 Adjournment [Repealed]
168 Provisions as to taking statement or evidence of accused person [Repealed]
169 Evidence and address in defence [Repealed]
170 Committal for trial [Repealed]
171 Discharge of accused [Repealed]
172 Power to apply to Supreme Court for committal in certain cases where
accused person discharged [Repealed]
173 Summary adjudication [Repealed]
174 Accused entitled to copy of depositions [Repealed]
175 Taking the depositions of persons dangerously ill [Repealed]
176 Disclosure and notice to be given
177 Transmission of statements [Repealed]
178 Use of statement in evidence [Repealed]
179 Transmission of records to Supreme Court and Director of Public
Prosecutions
180 Filing of an information
181 Return of depositions for trial in the District Court
182 Notice of trial
183 Return of service
184 Postponement of trial
185 Information by Director of Public Prosecutions
186 Form of information
186A Right to be tried
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 CRIMINAL PROCEDURE ACT 1972

Section Title
186B On adjournment of trial accused may be remanded to another court having
jurisdiction

PART 8 — PROCEDURE IN TRIALS BEFORE THE SUPREME

COURT
187 Practice of Supreme Court in its criminal jurisdiction
188 Trials before Supreme Court to be by a Judge alone
189 Accused absent
189A Accused avoiding trial
190 Accused to be called upon to plead
190A Motion to quash information
191 Orders for amendment of information, separate trial, and adjournment of trial
[Repealed]
191A Amendment of information, adjournment of trial and separate trial
192 Quashing of information
193 Procedure in case of previous convictions
194 Plea of guilty to other offence
195 Proceedings after plea of “not guilty”
196 Adjournment in the Supreme Court
197 Additional witnesses for prosecution
198 Cross-examination of witnesses for the prosecution
199 Depositions may be read as evidence in certain cases
200 Evidence or statement of accused at preliminary inquiry [Repealed]
201 Close of case for prosecution
202 The defence
203 Additional witnesses for the defence
204 Evidence in reply
205 Closing addresses where accused adduces no evidence
206 Closing addresses where accused adduces evidence
207 The judgment
208 Power to reserve decision on question raised at trial
209 Power to reserve decision on question arising in the course of trial
210 Objections cured by verdict
211 Evidence, etc, admissible after finding of guilt
212 Drawing up of conviction, sentence or order
212A Incapacity of Judge

PART 9 — SUPPLEMENTARY PROVISIONS

213 Power to issue directions of the nature of habeas corpus
214 Power of the Supreme Court to issue writs
215 Persons before whom affidavits may be sworn
216 Copies of proceedings
217 Forms
218 Expenses of witnesses, etc
218A Saving of civil remedies
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 LAWS OF THE REPUBLIC OF NAURU

Section Title
PART 10 — REPEAL, INTERIM PROVISIONS AND SAVINGS
219 Repeal
220 Cessation of application of certain adopted laws
221 Interim provisions
222 Savings
SCHEDULE — FORMS RELATING TO INFORMATION AND
CHARGES

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 Criminal Procedure Act 1972

TABLE OF AMENDMENTS
The Criminal Procedure Act 1972 No 21 was certified on 24 November 1972 and
commenced on 27 November 1972 (GN No 321/1972; Gaz 51/1972).

Amending Legislation Certified Date of Commencement

Criminal Procedure (Compensation and 11 August 2006 ss 3, 4: 11 August 2006
Other Orders) Act 2006 No 8
Statute Law Revision Act 2011 No 8 15 April 2011 Sch 1[49], [50]: 15 April
2011
Interpretation (Consequential 3 November 2011 Sch[6]: 3 November 2011
Amendments) Act 2011 No 18
Criminal Procedure (Amendment) Act 6 November 2012 Sch[1]: 6 November 2012
2012 No 15
Criminal Procedure (Amendment) 21 December 2012 Sch[1], [2]: 21 December
(No 2) Act 2012 No 25 2012
Criminal Procedure (Amendment) Act 12 May 2015 Sch[1]: 12 May 2015
2015 No 12
Criminal Procedure (Amendment) Act 23 October 2015 ss 4, 5: 23 October 2015
2015 No 25
Crimes Act 2016 No 18 12 May 2016 12 May 2016
Criminal Procedure (Amendment) Act 12 May 2016 ss 4–25: 12 May 2016
2016 No 20
Criminal Procedure (Amendment) No 2 9 June 2016 s 4: 9 June 2016
Act 2016 No 27
Bail Act 2018 No 18 10 May 2018 s 34: 15 May 2018
Criminal Procedure (Amendment) Act 6 June 2018 ss 4–6: 6 June 2018
2018 No 23
Criminal Procedure (Amendment) No 2 18 December 2018 ss 4–8: 18 December 2018
Act 2018 No 40
Criminal Procedure (Amendment) Act 4 June 2020 ss 4–12: 4 June 2020
2020 No 11
Criminal Procedure (Amendment) No 2 23 October 2020 23 October 2020
Act 2020 No 21
Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021
Criminal Procedure (Amendment) Act 1 June 2021 1 June 2021
2021 No 10
Criminal Procedure (Amendment) 8 June 2022 8 June 2022
Act 2022 No 5

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 LAWS OF THE REPUBLIC OF NAURU

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 An Act to make provision for the procedure to be followed in criminal causes and matters
in the Supreme Court and the District Court.

Enacted by the Parliament of Nauru as follows:

PART 1 — PRELIMINARY
[Pt 1 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

1 Short title and commencement

This Act may be cited as the Criminal Procedure Act 1972 and came into effect
on 27 November 1972.

2 Interpretation
In this Act:
‘cognizable offence’ has the meaning assigned to it by Section 10;
‘complaint’ means an allegation that some person known or unknown has
committed, or is guilty of, an offence;
‘criminal proceedings’ includes a preliminary inquiry;
‘Deputy Registrar’ means the Deputy Registrar of the District Court;
‘Director of Public Prosecutions’ means the public officer appointed as such
under the provisions of Section 45;
‘imprisonment’ includes night imprisonment;
‘non-cognizable offence’ means an offence which is not a cognizable offence;
‘preliminary inquiry’
[def rep Act 20 of 2016 s 4, opn 12 May 2016]
‘private prosecution’ means a prosecution instituted and conducted by a person
other than a public prosecutor;
‘public prosecutor’ includes the Director of Public Prosecutions and every
person who is for the time being a public prosecutor by virtue of the provisions
of Section 48;
‘Registrar’ means the Registrar of Courts;
‘sentence’ includes an order following conviction for which provision is made
in Division 15.3 of the Crimes Act 2016 or in Motor Traffıc Act 2014; and
[def am Act 8 of 2011 s 12 and Sch 1[49], [50], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch
2 clause 50, opn 12 May 2016; Act 20 of 2016 s 4, opn 12 May 2016]
‘summary trial’ means a trial held by the District Court under Part 6.
[s 2 am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011; Act 21 of 2020 s 5, opn 23 Oct 2020]

3 Trial of offences
Subject to the provisions of any written law relating to children or young

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 LAWS OF THE REPUBLIC OF NAURU s3

persons, all offences under the Crimes Act 2016 or under any other written law
shall be inquired into, tried and otherwise dealt with in accordance with the
provisions of this Act.
[s 3 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2 clause
51, opn 12 May 2016]

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 PART 2 — POWERS OF THE COURTS
[Pt 2 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

4 Power to try offences under the Crimes Act 2016

(1) Subject to the provisions of any written law relating to children or young
persons, any offence under the Crimes Act 2016 may be tried by the
Supreme Court.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 51, opn 12 May 2016]
(2) Subject to the provisions of any written law relating to children or young
persons and to the other provisions of this Act, any offence under the
Crimes Act 2016 may be tried by the District Court if it is punishable with
imprisonment for not more than 10 years.
[subs (2) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 51, opn 12 May 2016]
[s 4 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011]

5 Power to try offences under other laws

(1) Where an offence is created by any written law other than the Crimes Act
2016 and no provision is made for the court by which that offence may be
tried, it may, subject to the provisions of any written law relating to
children or young persons, be tried:
(a) by the Supreme Court; and
(b) by the District Court if it is punishable with imprisonment for not more
than 10 years.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 51, opn 12 May 2016]
(2) Where in any adopted Act it is provided that an offence shall be tried by a
court other than the Supreme Court or the District Court, the offence may,
subject to the provisions of any written law relating to children or young
persons, be tried:
(a) by the Supreme Court; and
(b) by the District Court if it is punishable with imprisonment for not more
than 10 years.
[subs (2) am Act 18 of 2011 s 3 and Sch[6], opn 3 Nov 2011]

6 Sentences which the Supreme Court may pass

The Supreme Court may pass any sentence, and make any order, authorised by
law for which provision is made in the Crimes Act 2016 or in any other written
law.
[s 6 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2 clause
51, opn 12 May 2016]

7 Sentences which the District Court may pass

The District Court may pass any sentence and make any order authorised by law
for which provision is made in the Crimes Act 2016 or in any other written law
except for:
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 LAWS OF THE REPUBLIC OF NAURU s7

(a) a sentence of:

(i) death;
(ii) a term of imprisonment exceeding 5 years in respect of any one offence;
and
(iii) a fine in an amount exceeding $50,000 in respect of any one offence;
and
(b) any written law which expressly provides that the District Court has no
jurisdiction or the Supreme Court has the original jurisdiction over the
criminal cause or matter.
[s 7 subst Act 40 of 2018 s 4, opn 18 Dec 2018]

7A Sentence for habitual sexual offenders

A person who has, on at least two previous occasions been convicted of any
sexual offence, whether of the same description of offence or not, shall be
declared a habitual sexual offender and shall be sentenced to life imprisonment
without eligibility for parole.
[s 7A insrt Act 12 of 2015 s 3 and Sch[1], opn 12 May 2015]

8 Combination of sentences
(1) Subject to the provisions of the Crimes Act 2016 and of any other written
law, the Supreme Court and the District Court may pass any lawful
sentence combining any two or more of the sentences which such court is
authorised by law to pass.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 51, opn 12 May 2016]
(2) In determining the extent of the jurisdiction of the District Court under
Section 7, any term of imprisonment which is or may be, imposed in
default of payment of a fine, costs or compensation shall be deemed not to
be a sentence of imprisonment passed in respect of the offence for which
the fine was imposed.

9 Separate sentence to be passed for each offence

(1) Where a person is convicted at one trial of 2 or more offences the court
shall pass sentence separately in respect of each offence.
(2) Where sentences of imprisonment are passed on a person at one trial for 2
or more offences, the sentences shall run consecutively in such order as the
court which passes them may direct, unless that court directs that they shall
run concurrently.
(3) The maximum aggregate sentences of imprisonment and fine which may be
imposed by the District Court on any one person at one trial are:
(a) imprisonment for 10 years; and
(b) fines totalling $75,000.
[subs (3) subst Act 40 of 2018 s 5, opn 18 Dec 2018]
(4) For the purpose of ascertaining whether or not there is a right of appeal, the
aggregate of fines imposed on one person at one trial shall be deemed to be
a single sentence.

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 PART 2A — ENFORCEMENT
[Pt 2A insrt Act 18 of 2016 s 287 and Sch 2 clauses 11, 53, opn 12 May 2016]

9A Distress
(1) Where a court orders money to be paid by an accused person or by a
prosecutor or complainant as fine, penalty, compensation, expenses or
otherwise, the money may be levied on his or her personal property under
warrant.
[Consequential amendment of s 118A insrt Act 40 of 2018 s 7, opn 18 Dec 2018]
(2) A person referred to in subsection (1) may pay or tender to the officer
having the execution of the warrant the sum therein mentioned together
with the amount of the expenses of the distress up to the time of payment
or tender and thereupon the officer shall cease to execute the same.
(3) A warrant under this Section may be executed within the Republic and it
shall authorise the distress and sale of any personal property belonging to
such person.
(4) A person claiming to be entitled to or to have legal or equitable interest in
the whole or part of any property seized in execution of a warrant issued
under this Section may, at any time prior to the receipt by the court of the
proceeds of sale of such property, give notice in writing to the court of his
or her objection to the seizure of such property. Such notice shall set out
shortly the nature of the claim which that person (hereinafter in this Section
referred to as the “the objector”) makes to the whole or part of the property
seized and shall certify the value of the property claimed by him or her.
Such value shall be deposed to upon affidavit which shall be filed with the
notice.
(5) Upon receipt of a valid notice given under subsection (4), the court shall by
any order in writing addressed to the officer having the execution of the
warrant, direct a stay of the sale of property, or that part of it claimed by the
objector.
(6) Upon the issue of an order under subsection (5), the court shall, by notice
in writing, summon the objector to appear before it upon a date to be
specified in the notice in order to establish his or her claim.
(7) A notice shall be issued by the court to the person whose property was, by
the warrant issued under subsection (1), directed to be seized and, unless
the property is to be applied to the payment of a fine, upon the person
entitled to the proceeds of this sale of such property. Such notice shall
specify the time and place fixed for the appearance on the objector and shall
direct the person upon whom the notice is served to appear before the court
at the same time and place if he or she wishes to be heard upon the hearing
of the objection.
(8) Where, upon investigation of the claim, the court is satisfied that the
property was not, when attached, in the possession of the person whose
property was, by the warrant issued under subsection (1), directed to be
seized or of some person in trust for him or her or that, being in his or her
possession at such time, it was so in his or her possession not on his or her
own account or as his or her own property but on account of or in trust for
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 LAWS OF THE REPUBLIC OF NAURU s 9A

some other person or partly on his or her own account and partly on
account of some other person, the court shall make an order releasing the
property, wholly or to such extent as it thinks fit.
(9) Where, upon the date fixed for his or her appearance, the objector fails to
appear or if, upon investigation of the claim in accordance with the
provisions of subsection (8), the court is of the opinion that the objector
failed to establish his or her claim, it shall order the execution of the
warrant to proceed and shall make such order as to costs as it deems fit.
(10) Nothing in this Section shall be deemed to deprive a person who has failed
to comply with the requirements of subsection (4) of the right to take any
other proceedings which, apart from the provisions of this Section, may
lawfully be taken by a person claiming an interest in property seized under
a warrant.
(11) No distress made under this Section shall be deemed unlawful, nor shall a
person making the same to be deemed a trespasser, on account of any
defect or want of form in the summons, conviction, warrant of distress or
other proceedings relating thereto.
[s 9A insrt Act 18 of 2016 s 11, opn 12 May 2016]

9B Suspension of execution of imprisonment in default of fine

(1) Where a convicted person has been sentenced to a fine only and to
imprisonment in default of payment of a fine and whether or not a warrant
of distress has been issued under Section 9A, the court may make an order
directing the fine to be paid on or before a specified date, not being more
than 30 days from the date of the order, and in the event of this fine not
being paid on or before that date may, subject to the other provisions of this
Section, forthwith issue a warrant of committal. The court may, before
making such order, require the convicted person to execute a bond, with or
without sureties, conditioned for his or her appearance before the court on
the specified date if the fine be not in the meantime paid. Upon the making
of an order under this subsection the sentence of imprisonment shall be
deemed to be suspended and the convicted person shall be released from
custody.
(2) In any case in which an order for the payment of money has been made on
non-recovery of which imprisonment may be awarded and the money is not
paid forthwith, the court may require the person ordered to make such
payment to enter into a bond as prescribed in subsection (1) and, in default
in doing so, may at once pass sentence of imprisonment as if the money had
not been recovered.
(3) The court may in its discretion direct that any money to which this Section
applied may be paid by instalments at such times and in such amounts as
it may deem fit but so nevertheless that, in default of payment of any such
instalment as aforesaid, the whole of the amount outstanding shall become
and be immediately due and payable and all the provisions of this Act and
the Crimes Act 2016 applicable to a sentence of fine and to imprisonment
in default of payment thereof shall apply to the same accordingly.
(4) A warrant of committal to prison in respect of the nonpayment of any sum
of money by a person to whom time has been allowed for payment under
the provisions of subsection (1) or who has been allowed to pay by
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 s 9C CRIMINAL PROCEDURE ACT 1972

instalments under the provisions of subsection (3) shall not be issued unless
the court shall first make as to his or her means in his or her presence:
Provided that a court may issue such warrant of committal without any
further inquiry as to means if it shall have made such inquiry in the
presence of the convicted person at the time when the fine was imposed or
at any subsequent time and the convicted person shall not before the
expiration of the time for payment have notified the court of any change in
his or her means or applied to the court for an extension of time to pay the
fine.
(5) After making inquiry in accordance with the provisions of subsection (4),
the court may, if it thinks fit, instead of issuing a warrant of commitment to
prison, make an order extending the time allowed for payment or varying
the amount of the instalments or the times at which the instalments were,
by previous order of the court, directed to be paid, as the case may be.
(6) For the purpose of enabling inquiry to be made under the provisions of
subsection (4), the court may issue a summons to the person ordered to pay
the money to appear before it and, if he or she does not appear in obedience
to the summons, may issue a warrant for his or her arrest or, without issuing
a summons, issue in the first instance a warrant for his or her arrest.
[s 9B insrt Act 18 of 2016 s 11, opn 12 May 2016]

9C Committal in lieu of distress

(1) Where the officer having the execution of a warrant of distress reports that
he or she could find no property or not sufficient property whereon to levy
the money mentioned in the warrant with expenses, the court may by the
same or by a subsequent warrant commit the person ordered to pay to
prison for a time specified in the warrant, unless the money and all
expenses of the distress, commitment and conveyance to prison, to be
specified in the warrant, are sooner paid.
(2) Where it appears to the court that distress and sale of property would be
ruinous to the person ordered to pay the money or his or her family or by
his or her confession or otherwise, that he or she has no property whereon
the distress may be levied, or other sufficient reason appears to the court,
the court may, if it thinks fit, instead of or after issuing a warrant of distress,
commit him or her to prison for a time specified in the warrant, unless the
money and all expenses of the commitment and conveyance to prison, to be
specified in the warrant, are sooner paid.
(3) The period for which a person may be committed in prison in default or of
in lieu of distress under this Section shall be:
(a) if the person has been sentenced to a term of imprisonment in default
of payment of a fine, the period to which he or she was so sentenced;
or
(b) in other cases such period as the court considers reasonable subject to
the maximum laid down in Section 9A(2) relating to fine.
(4) A person committed for non-payment under this Section may pay the sum
specified in the warrant, with the amount of expenses therein authorised, if
any, to the person in whose custody he or she is and that person shall
thereupon discharge him or her if he or she is in custody for no other
matter.
(5) Where a person committed to prison for non-payment shall pay any sum in
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 LAWS OF THE REPUBLIC OF NAURU s 9C

part-satisfaction of the sum adjudged to be paid, the term of his or her

imprisonment shall be reduced by a number of days bearing as nearly as
possible the same proportion to the total number of days for which such
person is committed, as the sum so paid bears to the sum for which he or
she is liable.
[s 9C insrt Act 18 of 2016 s 11, opn 12 May 2016]

9D Payment after issue of warrant but before committal

Where a warrant has been issued under the provisions of this Act for
non-payment of a fine, any payment made after the issue of such warrant but
before the person in respect of whom the warrant has been issued has been taken
into custody, being a payment insufficient to satisfy the sum mentioned in the
warrant together with the amount of expenses therein mentioned, shall be
deemed to be appropriated primarily in satisfaction, or part-satisfaction, of such
expenses.
[s 9D insrt Act 18 of 2016 s 11, opn 12 May 2016]

9E Calculation of term of sentence, cumulative sentences, escaped

prisoners
When a person who is convicted of an offence is undergoing, or has been
sentenced to undergo, for another offence, a sentence involving deprivation of
liberty, the punishment to be inflicted upon him or her for the first-mentioned
offence may be directed to take effect from the expiration of the deprivation of
liberty for the last mentioned offence. Except as aforesaid, a sentence of
imprisonment, with or without hard labour, upon a conviction on indictment
takes effect from the first day of the sittings of the court at which, the offender
is convicted, and a sentence of imprisonment, with or without hard labour, upon
a summary conviction takes effect from the commencement of the offender’s
custody under the sentence. A person who escapes from lawful custody while
undergoing a sentence involving deprivation of liberty is liable upon recapture
to undergo the punishment which he or she was undergoing at the time of his or
her escape, for a term equal to that during which he or she was absent from
prison, after the escape and before the expiration of the term of his or her
original sentence, whether at the time of his or her recapture the term of that
sentence has or has not expired.
[s 9E insrt Act 18 of 2016 s 11, opn 12 May 2016]

[The next page is 281,201]

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 PART 3 — ARREST OF OFFENDERS AND PREVENTION OF OFFENCES
[Pt 3 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

10 Arrest without warrant

(1) The powers of summary arrest conferred by this Section shall apply to
offences for which the sentence is fixed by law or for which a person may
under or by virtue of any written law be sentenced to imprisonment for a
term of 5 years or more and to any other offence specified as a cognizable
offence, or as an offence in respect which the offender may be arrested
without warrant, by this Act or any other written law, and to attempts to
commit any such offences, and in this Act “cognizable offence” means any
such offence or attempt.
(2) A person may arrest without warrant anyone who is, or whom he or she,
with reasonable cause, suspects to be, in the act of committing a cognizable
offence.
(3) Where a cognizable offence has been committed, a person may arrest
without warrant anyone who is, or whom he or she, with reasonable cause,
suspects to be, guilty of the offence.
(4) Where a police officer, with reasonable cause, suspects that a cognizable
offence has been committed, he or she may arrest without warrant anyone
whom he or she, with reasonable cause, suspects to be guilty of the offence.
(5) A police officer may arrest without warrant a person who is, or whom he or
she, with reasonable cause, suspects to be, about to commit a cognizable
offence.
(6) For the purpose of arresting a person under any power conferred by this
Section a police officer may enter, if need be by force, and search any place
where that person is or where the police officer, with reasonable cause,
suspects him or her to be.
(7) This Section shall not affect the operation of any written law restricting the
institution of proceedings for an offence nor prejudice any power of arrest
conferred by law apart from this Section.

11 Mode of making arrest

(1) In making an arrest the person making it shall actually touch or confine the
body of the person to be arrested, unless there be a submission to the
custody by word or action.
(2) A person may use such force as is reasonable in the circumstances in the
prevention of crime or in effecting, or assisting in, the lawful arrest of
offenders or suspected offenders or of persons unlawfully at large.
(3) Subsection (2) shall replace the rules of the common law on the question
when force used for a purpose mentioned in that subsection is justified by
that purpose.

12 Entry to arrest person under warrant

For the purpose of arresting a person under a warrant of arrest, a person to
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 LAWS OF THE REPUBLIC OF NAURU s 12

whom such warrant is addressed may enter, if need be by force, and search any
place where that person is or where he or she, with reasonable cause, suspects
him or her to be.

13 Power to break out of house, etc, for purpose of liberation

A person authorised to make an arrest may break out of any house or place in
order to liberate himself or herself or any other person who, having lawfully
entered for the purpose of making an arrest, is detained therein.

14 No unnecessary restraint
No person arrested shall be subjected to more restraint than is reasonable to
prevent his or her escape.

15 Search of arrested persons

(1) Where a person is arrested by a police officer or a private person, the police
officer making the arrest or to whom the private person makes over the
person arrested may search such person and any articles in his or her
possession or under his or her control and place in safe custody all articles
found in his or her possession or under his or her control and any article
found upon him or her, except necessary wearing apparel:
Provided that, whenever the person arrested can be legally admitted to bail
and bail is furnished, such person shall not be searched unless there are
reasonable grounds for believing that he or she has about his or her person
any:
(a) stolen articles;
(b) instruments of violence;
(c) tools connected with the kind of offence which he or she is alleged to
have committed; or
(d) other articles which may furnish evidence against him or her in regard
to the offence which he or she is alleged to have committed.
(2) The right to search an arrested person does not include the right to examine
his or her private person.
(3) Where any property has been taken from a person under this Section and
the person is not charged before any court but is released on the ground that
there is no sufficient reason to believe that he or she has committed any
offence, any property so taken from him or her shall be restored to him or
her.
(4) Whenever it is necessary to cause a woman or girl to be searched, the
search shall be made only by another woman with strict regard to decency.

15A Examination of person in custody

(1) This Section applies if a person is in lawful custody charged with an
offence and there are reasonable grounds for believing that an examination
of the private person of the person will provide evidence relevant to the
commission of the offence.
(2) It is lawful for a legally qualified health practitioner, acting at the request of
a police officer, and for anyone assisting under the health practitioner’s
direction:
(a) to carry out an examination of the private person of the person that is
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 s 17 CRIMINAL PROCEDURE ACT 1972

reasonably necessary for the purpose of obtaining evidence relevant to

the commission of the offence; and
(b) to use the force that is reasonable and necessary for that purpose.
[s 15A insrt Act 18 of 2016 s 287 and Sch 2 clause 52, opn 12 May 2016]

16 Power of police officer to detain and search persons, vehicles,

vessels and aircraft in certain circumstances
(1) Any police officer who has reason to suspect that any article stolen or
unlawfully obtained, or any article in respect of which a criminal offence
has been, or is being or is about to be, committed, is being conveyed,
whether on a person or in any vehicle, package or otherwise, or is
concealed or carried on a person in a public place, or is concealed or
contained in any vehicle or package in a public place, for the purpose of
being conveyed, may without warrant detain and search any such person,
vehicle or package and may take possession of and detain any such article
which he or she may reasonably suspect to have been stolen or unlawfully
obtained or in respect of which he or she may reasonably suspect that a
criminal offence has been, is being or is about to be, committed, together
with the package, if any, containing it and may also detain the person
conveying, concealing or carrying such article:
Provided that this subsection shall not extend to the case of postal matter in
transit by post except where such postal matter has been, or is suspected of
having been, dishonestly appropriated during such transit.
(2) Any police officer of or above the rank of sergeant may, if he or she has
reason to suspect that there is on board any vessel or aircraft any property
stolen or unlawfully obtained, enter without warrant, and with or without
assistants, on board such vessel or aircraft and may remain on board for
such reasonable time as he or she may deem expedient and may search with
or without assistants any and every part of such vessel or aircraft and, after
demand and refusal of keys, may break open any receptacle and, upon
discovery of any property which he or she may reasonably suspect to have
been stolen or unlawfully obtained, may take possession of and detain such
property and may also detain a person in whose possession it is found. Such
police officer may pursue and detain a person who is in the act of conveying
any such property away from any such vessel or aircraft or who has landed
with the property so conveyed away or found in his or her possession.
(3) Any police officer may, if he or she has reason to suspect that an offence has
been committed, seize any articles which may be in a public place and
which may furnish evidence in regard to the commission of that offence:
Provided that no articles may be seized under the provisions of this
subsection unless there is a possibility of such articles being removed or
dealt with in such a way as to prevent their being available as evidence.
(4) A person detained under this Section shall be dealt with under the
provisions of the Bail Act 2018.

17 Power to seize offensive weapons

Notwithstanding the provisions of Section 15, the police officer or other person
making any arrest may take from the person arrested any instruments of
violence which he or she has about his or her person and shall deliver all articles
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 LAWS OF THE REPUBLIC OF NAURU s 17

so taken to the magistrate or police officer before whom the police officer or
other person making the arrest is required by law to bring or send the person
arrested.

17A Explosives
Where a thing seized or taken under this Act is an explosive substance found in
a vessel or vehicle, the person acting in the execution of the warrant may for 24
hours after seizure, and for such longer time as is necessary for the purpose of
removal to a safe place of deposit, use the vessel or the vehicle, with the tackle
and furniture thereof, or the beasts, and accoutrements belonging thereto, as the
case may be, paying afterwards to the owner of the vessel or vehicle a sufficient
recompense for its use, which is to be assessed by the justice or justices before
whom the suspected offender is brought, and, in case of nonpayment
immediately after such assessment, may be recovered before 2 justices in a
summary way.
[s 17A insrt Act 18 of 2016 s 287 and Sch 2 clause 48, opn 12 May 2016]

18 Refusal to give name and residence

(1) Where a person who in the presence of a police officer has committed or
has been accused of committing a non-cognizable offence refuses on the
demand of such police officer to give his or her name and residence or gives
a name and residence which such police officer, with reasonable cause,
suspects to be false, he or she may be arrested by that police officer, or any
other police officer, in order that his or her name and residence may be
ascertained or verified.
(2) When the true name and residence of a person arrested under the provisions
of subsection (1) have been ascertained he or she shall be released on his or
her executing a recognizance, with or without sureties, for a reasonable
amount to attend before the District Court at a time and place to be named
in the recognizance:
Provided that if such person is not normally resident in the Republic the
recognizance shall be secured by a surety or sureties normally resident in
Nauru or by the deposit of a sum of money sufficient to satisfy any penalty
which may be payable upon forfeiture of the recognizance.
(3) Where the true name and residence of a person arrested under the
provisions of this Section have not been ascertained within 24 hours from
the time of arrest, or if he or she fails to execute the recognizance or, if so
required, to furnish sufficient sureties or to deposit the proper sum of
money, he or she shall forthwith be brought before a magistrate.

19 Disposal of person arrested by a police officer

A police officer making an arrest without a warrant shall, without unnecessary
delay and subject to the provisions herein contained as to bail, bring or send the
person arrested before a magistrate or before a police officer of or above the
rank of sergeant.

20 Disposal of person arrested by private person

(1) A private person arresting any other person without a warrant shall without
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 s 21A CRIMINAL PROCEDURE ACT 1972

unnecessary delay make over the person so arrested to a police officer, and
in the absence of a police officer shall take such person to the police station.
(2) Where there is reason to believe that such person has committed any
cognizable offence, a police officer shall re-arrest him or her.
(3) Where there is reason to believe that he or she has committed a
non-cognizable offence and he or she refuses on the demand of a police
officer to give his or her name and residence or gives a name or residence
which such police officer, with reasonable cause, suspects to be false, he or
she shall be dealt with under the provisions of Section 18. If there is no
sufficient reason to believe that he or she has committed any offence, he or
she shall be at once released.

21 Detention of persons arrested without warrant

[s 21 rep Act 18 of 2018 s 34, opn 15 May 2018]

21A Procedure for extension of detention of person held in custody

under Article 5 of the Constitution
(1) Where a person has been arrested or detained upon reasonable suspicion of
having committed or being about to commit an offence and is required to be
further held in custody for more than 24 hours in connection with that
offence, the prosecution shall:
(a) make an application to a Judge, Resident Magistrate or any other
judicial officer for an order that the person be further held in custody in
accordance with subsection (3); and
(b) bring the person before a Judge, Resident Magistrate or any other
judicial officer within a period of 24 hours after his or her arrest or
detention.
(2) An application under subsection (1) shall be:
(a) made by a notice of motion; and
(b) supported by an affidavit specifying the reasons for holding the person
further in custody which may, where appropriate, include the
following:
(i) the general nature of complaint or offence for which the person has
been arrested or detained;
(ii) the day, date and time the person was arrested or detained;
(iii) the general nature or process of investigation being or likely to be
conducted, without causing prejudice to the nature, process or
integrity of the investigation by the police;
(iv) the safety or protection of a complainant, person arrested or
detained or any other person who may be directly or indirectly
related to the offence or nature or process of investigation; and
(v) interference with the nature and process of investigation,
complainant or any other person who may be directly or indirectly
related to the offence or nature or process of the investigation.
(3) In considering an application under subsection (1), the Judge, Resident
Magistrate or any other judicial officer shall grant the order sought, unless
the Judge, Resident Magistrate or any other judicial officer is of the view
that further holding of a person in custody is not necessary.
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 LAWS OF THE REPUBLIC OF NAURU s 21A

(4) Where the Judge, Resident Magistrate or any other judicial officer grants an
order under subsection (3) to further hold a person in custody:
(a) such order shall be for a period not exceeding 3 working days; and
(b) the Judge, Resident Magistrate or any other judicial officer shall
adjourn the application, on which day the person shall be brought
before him or her or any other Judge, Resident Magistrate or any other
judicial officer.
(5) Where the prosecution seeks a further order to extend the period of custody
in an order granted under subsection (3), the prosecution shall file an
affidavit stating the reasons for such extension before the person is brought
before the Judge, Resident Magistrate or any other judicial officer under
subsection (4)(b).
(6) A Judge, Resident Magistrate or any other judicial officer in considering an
application under subsection (5) may extend the period of custody for not
more than 2 working days.
(7) Where a person who is further held in custody under this Section is charged
with an offence, any further orders to hold the person shall be determined
under the provisions of the Bail Act 2018.
(8) For the purposes of an application under this Section, the prosecution shall
make an application to the District Court and only in the absence of the
Resident Magistrate or the Registrar, the application shall be made to a
Judge.
(9) For the purposes of this Section, the Registrar is a judicial officer who shall
have the jurisdiction and power vested to a Judge or Resident Magistrate
under Article 5(3) of the Constitution.
(10) The Cabinet may, by notice in the Gazette, designate any place to hold an
arrested or detained person.
[s 21A insrt Act 5 of 2022 s 4, opn 8 June 2022]

22 Police officer to report certain arrests

Where a person is released under the provisions of the Bail Act 2018, the police
officer who authorised such release shall report the same to the Commissioner of
Police as soon as it is reasonably possible to do so.

23 Offence committed in magistrate’s presence

Where any cognizable offence is committed in the presence of a magistrate, he
or she may himself or herself arrest, or authorise a person to arrest, the offender
and may thereupon, subject to the provisions of this Act as to bail, commit the
offender to custody.

24 Arrest by magistrate
A magistrate may at any time arrest, or authorise the arrest in his or her presence
of, a person for whose arrest he or she is competent at the time and in the
circumstances to issue a warrant.

25 Recapture of person escaping

(1) Where a person in lawful custody escapes or is rescued, the person from
whose custody he or she escapes or is rescued may immediately pursue and
arrest him or her.
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 s 27 CRIMINAL PROCEDURE ACT 1972

(2) The provisions of Sections 10, 11, 12 and 13 shall apply to arrests under
this Section.

26 Assistance to magistrate or police officer

Every person is bound to assist a magistrate or police officer reasonably
demanding his or her aid:
(a) in the arrest or preventing the escape of any other person whom such
magistrate or police officer is authorised to arrest; and
(b) in the prevention or suppression of a breach of the peace, or in the
prevention of any injury attempted to be committed to any property of the
Republic, the Cabinet or RONPHOS.
[am Act 3 of 2005, opn 1 July 2005]

27 Security for keeping the peace

(1) Where a magistrate is informed on oath that any person is likely to commit
a breach of the peace or to do any wrongful act that may probably occasion
a breach of the peace, the magistrate may, in the manner hereinafter
provided, require such person to show cause to the District Court why he
should not be ordered to enter into a recognizance, with or without sureties,
for a reasonable amount for keeping the peace for such period not
exceeding one year, as the District Court thinks fit.
(2) In every case of apprehended violence by any person to the person of
another, or of his or her spouse or child, or of apprehended injury to his or
her property, the Resident Magistrate, may on the complaint of the person
apprehending such violence or injury, or his or her employer, require such
person to show cause to the District Court why he or she should not be
ordered:
(a) to enter into a recognizance, with or without sureties, for a reasonable
amount for keeping the peace for such period, not exceeding one year,
as the District Court thinks fit;
(b) not to communicate with a person or to stay away from a person or
place or not approach closer than a particular distance from a person or
place;
(c) both (a) and (b);
(d) in respect of any bodily injury, to make compensation to that person by
means of the payment of a specified amount of money not exceeding
$10,000; or
(e) in respect of any injury to property, to make compensation to that
person by means of the payment of a specified amount or an amount to
be assessed by a person appointed by the court not exceeding the
reasonable cost of repair or replacement of the property.
[subs (2) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(3) An order under subsection (1) may be made in addition to any other penalty
imposed on, or order made in relation to, the offender.
[subs (3) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(4) Where the court makes an order under subsection (1):
(a) the court may direct that the amount be paid by specified instalments;
and
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 LAWS OF THE REPUBLIC OF NAURU s 27

(b) the amount to be paid pursuant to the order, or each instalment as it

falls due, as the case requires, is a debt due to the person in whose
favour the order is made.
[subs (4) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(5) Where an order is made under subsection (1) and the amount ordered to be
paid is not paid on the due date, the person in whose favour the order is
made may apply for and is entitled to an order attaching property under Part
11 of the Civil Procedure Act 1972 for recovery of the full amount to be
paid whether or not an order for instalments had been made.
[subs (5) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(6) Notwithstanding anything to the contrary in the Civil Procedure Act 1972,
an order attaching property made under subsection (4) can be made against
any real property in which an offender has any interest or any building in
which an offender has an interest and which is constructed upon land
owned by a person or persons other than the offender.
[subs (6) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(7) Where a conviction referred to in subsection (2) is subject to appeal, the
court may in making an order under subsection (2) further order that
pending the presentation of an appeal or of the determination of an appeal
the payment of the amount is to be suspended but that the offender not
dispose of any property without the approval of the court and, where the
amount exceeds $5,000, provide surety to the value of the amount ordered
to be paid.
[subs (7) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
(8) Nothing in this Section shall be construed as removing or affecting a cause
of action which a person may have to recover-damages for bodily injury or
injury to property suffered by the person, but in proceedings in relation to
that cause of action the court shall have regard to an amount paid pursuant
to an order made under this Section.
[subs (8) insrt Act 8 of 2006 s 3, opn 11 Aug 2006]
[s 27 am Act 8 of 2006 s 3, opn 11 Aug 2006]

28 Order to be made
Where a magistrate acting under Section 27 deems it necessary to require a
person to show cause thereunder, he or she shall make an order in writing setting
forth:
(a) the substance of the information received;
(b) the amount of the recognizance; and
(c) the number, character and class of sureties, if any, required; or
(d) particulars as to the person or place and the distances closer than which the
offender may not approach.
[s 28 am Act 8 of 2006 s 3, opn 11 Aug 2006]

29 Procedure in respect of person present in court

Where the person in respect of whom any order is made under Section 28 is
present in court, the order shall be read over and explained to him or her.

30 Summons or warrant in case of person not present in court

Where the person in respect of whom any order is made under Section 28 is not
present in court, the magistrate shall issue a summons requiring him or her to
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 s 34 CRIMINAL PROCEDURE ACT 1972

attend or, where such person is in custody, a warrant directing the officer in
whose custody he or she is to bring him or her before the District Court:
Provided that, whenever it appears to the magistrate, upon the report of a police
officer or upon other information, the substance of which report or information
shall be recorded in writing by the magistrate, that there is reason to fear the
commission of a breach of the peace and that such breach of the peace cannot
be prevented otherwise than by the immediate arrest of that person, the
magistrate may at any time issue a warrant for his or her arrest.

31 Copy of order under Section 28 to accompany summons or

warrant
Every summons or warrant issued under Section 30 shall be accompanied by a
copy of the order made under Section 28, and such copy shall be delivered by
the officer serving or executing such summons or warrant to the person served
with or arrested under it.

32 Power to dispense with personal attendance

The District Court may, if it sees sufficient cause, dispense with the personal
attendance of a person called upon to show cause under Section 27(l) or (2), and
permit him or her to appear by a legal practitioner.
[s 32 am Act 8 of 2006 s 3, opn 11 Aug 2006]

33 Inquiry as to truth of information

(1) Where an order under Section 28 has been read or explained under Section
29 to a person present in court, or where a person attends or is brought
before the District Court in compliance with or in execution of a summons
or warrant issued under Section 30, that court shall proceed to inquire into
the truth of the information upon which the action has been taken, and to
take such further evidence as may appear necessary.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner
prescribed by this Act for conducting trials and recording evidence in trials
before the District Court.
(3) Where two or more persons have been associated together in the matter
under inquiry, they may be dealt with in the same or separate inquiries, as
the court thinks just.

34 Order to give security

(1) Where upon an inquiry under Section 33 it is proved that it is necessary for
keeping the peace or maintaining good behaviour, as the case may be, that
the person in respect of whom the inquiry is made should enter into a
recognizance, with or without sureties, the District Court shall make an
order accordingly:
Provided that:
(a) no person shall be ordered to give security of a nature different from, or
of an amount larger than, that specified in the order made under Section
28; and
(b) the amount of every recognizance shall be fixed with due regard to the
circumstances of the case and shall not be excessive.
(2) A person ordered to give security for good behaviour under this Section
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 LAWS OF THE REPUBLIC OF NAURU s 34

may appeal to the Supreme Court, and the provisions of the Supreme Court
Act 2018 shall apply mutatis mutandis to every such appeal.

34A Apprehended violence order

(1) Where upon an inquiry under Section 33 it is proved that it is necessary for
protecting a person or property from apprehended violence, that the person
in respect of whom the inquiry is made should enter into a recognizance,
with or without sureties, or be ordered not to communicate with a person or
to stay away from a person or place or not approach closer than a particular
distance from a person or place, or both, the District Court shall make an
order accordingly.
(2) An order under subsection (1) is called an apprehended violence order.
[s 34A insrt Act 8 of 2006 s 3, opn 11 Aug 2006]

35 Discharge of person informed against

Where on an inquiry under Section 33, it is not proved that it is necessary for
keeping the peace or maintaining good behaviour or making provision against
apprehended violence, as the case may be, that the person in respect of whom
the inquiry is made should enter into a recognizance or an apprehended violence
order, the District Court shall make an entry on the record to that effect and, if
such person is in custody only for the purposes of the inquiry, shall release him
or her, or, if such person is not in custody, shall discharge him or her.
[s 35 am Act 8 of 2006 s 3, opn 11 Aug 2006]

36 Commencement of period for which security is required

(1) Where a person in respect of whom an order requiring security is made
under Section 28 or Section 34 is, at the time such order is made, sentenced
to or undergoing a sentence of imprisonment, the period for which such
security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless
the court, for sufficient reason, fixes a later date.
(3) The recognizance to be entered into shall bind the person to keep the peace
or to be of good behaviour, as the case may be, and in the latter case the
commission or attempt to commit or the aiding, abetting, counselling or
procuring the commission of any offence punishable with imprisonment,
shall be a breach of the recognizance.

37 Power to reject sureties

The District Court may refuse to accept any surety offered under any of the
preceding Sections on the ground that, for reasons to be recorded by the court,
such surety is an unfit person.

38 Procedure on failure of person to give security

(1) Where a person ordered to give security under the provisions of Section 34
does not give such security on or before the date on which the period for
which such security is to be given commences, he or she shall, except in the
case mentioned in subsection (2), be committed to prison or, if he or she is
already in prison, be detained in prison until such period expires or until
within such period he or she gives the security to the District Court.
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 s 41 CRIMINAL PROCEDURE ACT 1972

(2) Where a person has been ordered by the District Court to give security for
a period exceeding one year, the District Court shall, if he or she does not
give that security, issue a warrant directing him or her to be detained in
prison pending the order of the Supreme Court, and the proceedings shall
be laid as soon as conveniently may be before that court.
(3) The Supreme Court, after examining the record of the proceedings in the
District Court and requiring from the District Court any further information
or evidence which it thinks necessary, may make such order in the case as
it thinks fit.
(4) The period, if any, for which a person is imprisoned for failure to give
security shall not exceed 2 years.
(5) Where the security is tendered to the officer in charge of the prison, he or
she shall forthwith refer the matter to the court which made the order and
shall await the order of that court.

38A Failure to comply with apprehended violence order

A person who fails to comply with an apprehended violence order in respect of
failing to give security is to be dealt with in accordance with Section 38 and in
respect of an order not to communicate with or to stay away from a person or
place, commits an offence for which the penalty is imprisonment for 2 years.
[s 38A insrt Act 8 of 2006 s 3, opn 11 Aug 2006]

39 Power to release persons imprisoned for failure to give security

Where the Resident Magistrate is of the opinion that a person imprisoned for
failing to give security may be released without hazard to the community, he or
she shall make an immediate report of the case for the order of a Judge who
may, if he or she thinks fit, order such person to be discharged.

40 Power of Supreme Court to cancel recognizance

The Supreme Court or a Judge may at any time, for sufficient reasons to be
recorded in writing, cancel any recognizance for keeping the peace or for good
behaviour executed under any of the preceding Sections by order of the District
Court.

41 Discharge of sureties
(1) A surety to any recognizance entered into under any of the preceding
Sections, may at any time apply to the District Court to cancel the
recognizance.
(2) On such application being made the District Court shall issue a summons
or warrant, as it thinks fit, requiring the person for whom that surety is
bound to attend or to be brought before it.
(3) Where that person attends or is brought before the District Court, the court
shall cancel the recognizance and shall order him or her to give, for the
unexpired portion of the term of the recognizance, fresh security of the
same description as the original security. Every such order shall for the
purposes of Sections 36, 37, 38 and 39 be deemed to be an order made
under Section 34.
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 LAWS OF THE REPUBLIC OF NAURU s 42

42 Power to arrest and produce before court person attempting to

kill himself or herself
A police officer may, when he or she has reason to believe that a person has
recently attempted, is attempting or is about to attempt to kill himself or herself,
arrest such person and produce him or her before the District Court, which may
make an order in respect of such person requiring him or her to be under the
supervision of a probation officer for such period as the court may specify in the
order:
Provided that nothing in this Section shall preclude any such person being dealt
with under the provisions of the Mental Health Act 1963.
[Consequential amendment of Act 38 of 2020 s 3, opn 3 Dec 2020]
[s 42 am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]]

42A Prevention of unlawful assembly

(1) It is lawful for a person who witnesses an unlawful assembly:
(a) to interfere to prevent the continuance or renewal of it, using force that
is reasonably necessary for that purpose and proportionate to the danger
from the assembly; and
(b) to detain a person who is committing or about to join in or renew the
unlawful assembly for the period that is reasonably necessary to give
the person into the custody of a police officer.
(2) It is lawful for a police officer who witnesses an unlawful assembly, and for
anyone lawfully assisting the police officer, to arrest a person the officer:
(a) finds taking part in the unlawful assembly; or
(b) believes on reasonable grounds to be about to join in or renew the
unlawful assembly.
(3) It is lawful for a police officer to receive and detain in custody a person
given into the officer’s custody as having taken part in an unlawful
assembly.
[s 42A insrt Act 18 of 2016 s 287 and Sch 2 clause 54, opn 12 May 2016]

42B Suppression of riot

It is lawful for a person to suppress a riot, using force that is reasonably
necessary for that purpose and proportionate to the danger from the riot.
[s 42B insrt Act 18 of 2016 s 287 and Sch 2 clause 54, opn 12 May 2016]

42C Suppression of riot by magistrates and police officers

It is lawful for a magistrate to use or order to be used, and for a police officer
to use force, the magistrate or police officer believes on reasonable grounds to
be necessary to suppress a riot and proportionate to the danger from the riot.
[s 42C insrt Act 18 of 2016 s 287 and Sch 2 clause 54, opn 12 May 2016]

42D Suppression of riot by person acting under lawful orders

(1) It is lawful for a person acting in good faith under orders, not manifestly
unlawful, given by a magistrate for the suppression of a riot, to use force
the person believes on reasonable grounds to be necessary for carrying out
the orders.
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 s 42D CRIMINAL PROCEDURE ACT 1972

(2) The question whether an order is or is not manifestly unlawful is a question

of law.
[s 42D insrt Act 18 of 2016 s 287 and Sch 2 clause 54, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU

[The next page is 281,401]

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 PART 4 — PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
[Pt 4 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

43 General authority of District Court

The District Court has authority to cause to be brought before it a person who
is in the Republic and is charged with an offence committed within, or which
may be inquired into or tried within, the Republic and to deal with him or her
according to its jurisdiction.

44 Court to be open
The place in which any court is held for the purpose of inquiring into or trying
any offence shall be deemed an open court to which the public generally may
have access, so far as it can conveniently contain them:
Provided that the presiding Judge or magistrate may, if he or she thinks fit, order
before or at any stage of the inquiry into or trial of any particular case that the
public generally or any particular person shall not have access to or be or remain
in the room or building used by the court.

45 Appointment of Director of Public Prosecutions

The President shall appoint a public officer to be the Director of Public
Prosecutions and such Director of Public Prosecutions shall be responsible for
the representation of the Republic in criminal proceedings before the court he or
she shall be ex offıcio a public prosecutor.

46 Power of Director of Public Prosecutions to enter nolle

prosequi
(1) In any criminal cause or matter and at any stage thereof before verdict or
judgment, including the period between the committal of an accused person
for trial by the Supreme Court and the filing of an information in that court,
the Director of Public Prosecutions may enter a nolle prosequi, either by
stating in court or by informing the court in writing that the Republic
intends that the proceedings shall not continue, and thereupon the accused
shall be at once discharged in respect of the charge for which the nolle
prosequi is entered, and if he or she has been committed to prison shall be
released, or if on bail his or her recognizances shall be discharged; but such
discharge of an accused person shall not operate as a bar to any subsequent
proceedings against him or her on account of the same facts.
(2) Where the accused is not before the court when a nolle prosequi is entered:
(a) if he or she is detained in the prison, the Registrar or the Deputy
Registrar, as the case may be, shall forthwith send to the Chief
Correctional Officer a notice in writing of its entry and the Chief
Correctional Officer shall, unless the accused is lawfully detained on
another warrant, release him or her from custody forthwith; and
(b) if he or she is not detained in the prison, the Registrar or the Deputy
Registrar, as the case may be, shall send a notice in writing of its entry
to him or her and to the sureties, if any, of any recognizance into which
he or she may have been required to enter.
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 LAWS OF THE REPUBLIC OF NAURU s 47

47 Delegation of powers by Director of Public Prosecutions

The Director of Public Prosecutions may by an instrument in writing authorise
that all or any of the powers and rights vested in, or duties imposed upon, him
or her by Sections 46, 180, 181, 182 and 185, may be exercised on his or her
behalf by a public servant of the Department of Justice, and the exercise of those
powers and rights and the performance of those duties by that officer in the
name of the Director shall then operate as if they had been exercised or
performed by the Director of Public Prosecutions:
Provided that the Director of Public Prosecutions may in writing revoke any
authorisation made by him or her under this Section; and
Provided further that the Director of Public Prosecutions shall not cease to be
able to exercise any of his or her powers by reason only of his or her having
made an authorisation in respect of them under this Section.

48 Public prosecutors and prosecution by police officers

(1) The Director of Public Prosecutions may appoint in writing any public
officer of the Department of Justice who is qualified to be admitted to
practice as a barrister and solicitor to be a public prosecutor generally or for
any specified case.
(2) The Director of Public Prosecutions may appoint in writing any legal
practitioner to be a public prosecutor for any specified case.
(3) Any police officer may appear and conduct any prosecution in the District
Court which has been instituted by himself or herself or any other police
officer or public officer.
(4) Every public prosecutor and every police officer conducting a prosecution
shall be subject to the express directions of the Director of Public
Prosecutions.

49 Powers of public prosecutors

A public prosecutor may appear and plead before any court in which any case
of which he or she has charge is under inquiry, trial or appeal and, if any private
person instructs a legal practitioner to prosecute in any such case, the public
prosecutor may conduct the prosecution, and the legal practitioner so instructed
shall act therein under his or her directions.

50 Conduct of prosecution
A person, other than a public prosecutor, conducting the prosecution in any
criminal proceedings may do so personally or by a legal practitioner.

50A Office of the Public Legal Defender

(1) There shall be an Office of the Public Legal Defender.
(2) The President may appoint a barrister and solicitor to hold the position of
Director of the Office of the Public Legal Defender.
[s 50A insrt Act 20 of 2016 s 6, opn 12 May 2016]

50B Other staff of the Office of the Public Legal Defender

There may be other employees appointed to the Office of the Public Legal
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 s 50E CRIMINAL PROCEDURE ACT 1972

Defender on such terms and conditions approved by the Chief Secretary after
consultations with the Secretary for Justice.
[s 50B insrt Act 20 of 2016 s 7, opn 12 May 2016]

50C Functions of the Public Legal Defender

(1) The functions of the Public Legal Defender are to provide legal aid, advice
and assistance to persons:
(a) in need who may be charged or have been charged with a criminal
offence;
(b) who need such aid, advice and assistance in respect of legal
proceedings under any other Act; or
(c) where the Nauru Court of Appeal, Supreme Court or District Court
request or is required under a written law to assign a legal
representative to represent a person in a court proceeding where such
person does not have sufficient means to retain the services of a legal
representative.
[subs (1) am Act 23 of 2018 s 4, opn 6 June 2018]
(2) The Director may, after consultation with the Secretary for Justice,
establish guidelines setting out eligibility criteria for receiving legal aid,
advice or assistance.
[s 50C insrt Act 20 of 2016 s 8, opn 12 May 2016]

50D Assignment of legal representative

For the purposes of Section 50C(1)(c):
(a) the Director of the Office of the Public Legal Defender in so far as
practicable shall provide legal representation; and
(b) subject to Section 50E, where the Director of the Office of the Public Legal
Defender is unable to provide legal representation or has a conflict of
interest, he or she shall engage a legal representative duly admitted to
practice law in the Republic to do so where the interest of justice so require.
[s 50D insrt Act 23 of 2018 s 5, opn 6 June 2018]

50E Director of the Office of the Public Legal Defender is unable to

provide legal representation
(1) Where the Director of the Office of the Public Legal Defender is required
to engage a legal representative under Section 50D(b), he or she shall pay
the following professional fees:
(a) appearances for call overs or mentions at the rate of $50 for each such
appearance; and
(b) appearances for trial at a rate not exceeding $300 per day.
(2) The maximum legal fee and disbursements to be charged for each case
inclusive of mentions, call overs and trial shall not exceed $3,000.
(3) Where the Director of the Office of the Public Legal Defender is required
to engage a legal representative under this Section for the purposes of an
appeal either in the Supreme Court or Nauru Court of Appeal, the legal fees
and disbursements for such appeal shall not exceed $3,000.
(4) The legal fees and disbursements prescribed by this Section shall apply to
an assignment of legal representative by the court or any other authority
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 LAWS OF THE REPUBLIC OF NAURU s 50E

under a written law or inherent jurisdiction, where the Republic may be

required to pay the legal fees and disbursements.
[s 50E insrt Act 23 of 2018 s 6, opn 6 June 2018]

51 Complaint and charge

(1) Proceedings may be instituted either by the making of a complaint to a
magistrate or by the bringing before the District Court of a person who has
been arrested without warrant.
(2) A person who believes from a reasonable and probable cause that an
offence has been committed by a person may make a complaint thereof to
a magistrate.
(3) A complaint may be made orally or in writing but, if made orally, shall be
reduced to writing by the magistrate; and, in either case, it shall be signed
by the complainant and the magistrate:
Provided that, where proceedings are instituted by a police officer or any
other public officer acting in the course of his or her duty, a formal charge
duly signed by that officer may be presented to the magistrate and shall, for
the purposes of this Act, be deemed to be a complaint.
(4) The magistrate, upon receiving any such complaint, shall, unless the
complaint has been laid in the form of a formal charge under subsection (3),
draw up, or cause to be drawn up, and sign a formal charge containing a
statement of the offence with which the accused is charged.
(5) Where an accused person who has been arrested without a warrant is
brought before the District Court, a formal charge, containing a statement
of the offence with which the accused is charged, shall be signed and
presented by a police officer.

52 Issue of summons or warrant

(1) Where a magistrate has signed a charge in accordance with the provisions
of Section 51 and the accused person is not in lawful custody, the
magistrate may in his or her discretion, but subject to the provisions of
Section 62, issue either a summons or a warrant to compel the attendance
of the accused person before the District Court for that court to inquire into
or try the offence alleged to have been committed:
Provided that a warrant shall not be issued in the first instance unless the
complaint has been made, or the charge presented, upon oath either by the
complainant or by a witness.
(2) The validity of any proceedings taken in pursuance of a complaint or
charge shall not be affected either by any defect in the complaint or charge
or by the fact that a summons or warrant was issued without complaint or
charge.
(3) Any summons or warrant under this Section may be issued on a Sunday or
public holiday.

53 Notice to attend court

(1) Notwithstanding the other requirements of this Act, it shall be lawful for
any police officer to institute proceedings by, and to serve on a person who
is reasonably suspected of having committed an offence, a notice in the
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 s 57 CRIMINAL PROCEDURE ACT 1972

prescribed form requiring that person to attend court in answer to the

charge stated therein at such place and on such date and time, not being less
than 7 days from the date of such service, as shown on such notice or, in
accordance with Section 61, to attend by a legal practitioner or to enter a
written plea of guilty.
[subs (1) am Act 15 of 2012 s 3 and Sch[1] opn 6 Nov 2012]
(2) A notice served in accordance with the provisions of subsection (1) shall
for all purposes be regarded as a summons issued under the provisions of
this Act and, in the event of a person upon whom such a notice has been
served failing to comply with the requirements of the notice, a warrant for
the arrest of that person may, subject to the provisions of Section 62, be
issued notwithstanding that no complaint has been made on oath.
(3) A copy of every notice issued under this Section shall be signed by the
police officer issuing it and shall be lodged with the Deputy Registrar
within 7 days of service of the notice and shall be deemed to be a charge
presented by that police officer.
[subs (3) am Act 15 of 2012 s 3 and Sch[1] opn 6 Nov 2012]
(4) [subs (4) rep Act 25 of 2012 s 3 and Sch[1] opn 21 Dec 2012]
(5) [subs (5) rep Act 15 of 2012 s 3 and Sch[1] opn 6 Nov 2012]
(6) Nothing in this Section shall be deemed to prevent the institution of
proceedings in respect of such offences under the other provisions of this
Act.

54 Form and contents of summons

(1) Every summons issued by a magistrate under this Act shall be in writing, in
duplicate, signed by the magistrate.
(2) Every summons shall be directed to the person summoned and shall require
him or her to attend at a time and place to be therein appointed before the
District Court. It shall state shortly the offence with which the person
against whom it is issued is charged.

55 Service of summons
Every summons shall, if practicable, be served personally on the person
summoned by delivering or tendering to him or her the duplicate of the
summons.

56 Service when person summoned cannot be found

Where the person summoned cannot by the exercise of due diligence be found,
the summons may be served by leaving the duplicate of it for him or her with
an adult person normally residing in the same dwelling-house as the person
summoned or with his or her employer.

57 Procedure where service cannot be effected as before provided

Where service in the manner provided by Sections 55 and 56 cannot by the
exercise of due diligence be effected, the serving officer shall affix the duplicate
of the summons to some conspicuous part of the house in which the person
summoned ordinarily resides, and thereupon the summons shall be deemed to
have been duly served.
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 LAWS OF THE REPUBLIC OF NAURU s 58

58 Service on company or corporation

Service of a summons on an incorporated company or a corporation or other
body corporate may be effected by serving the duplicate of it on the secretary,
local manager or other principal officer of the company, corporation or body
corporate or in such other manner as the Resident Magistrate may direct.

59 Where summons may be served

Subject to any written law relating to the privileges and immunities of
Parliament and its members, a summons may be served at any place within the
Republic.

60 Proof of service
An affidavit purporting to be made before a magistrate or Commissioner for
Oaths that a summons has been served shall be admissible in evidence and the
statements made therein shall be deemed to be correct unless and until the
contrary is proved and the summons shall be annexed to the affidavit or the
affidavit may be endorsed on the same paper as the summons.

61 Power to dispense with personal attendance of accused

(1) Where a magistrate issues a summons in respect of any offence the
maximum sentence for which is imprisonment for a term not exceeding 3
years, with or without a fine, and whether or not any disqualification may
be ordered or may result from the accused being convicted, he or she may
if he or she sees reason to do so, and shall where no sentence of
imprisonment for a term exceeding 3 months may be imposed for the
offence with which the accused is charged or, where he or she is charged
with more offences than one, for any of those offences, whether or not any
disqualification may be ordered, direct that the personal attendance of the
accused will be dispensed with provided that he or she pleads guilty in
writing or attends by a legal practitioner. Every such summons shall include
a notice stating that any fine which may be imposed by the court shall be
paid within 8 days of the date appointed in the summons for attendance
thereon and a warning that he or she will not receive notification from the
court as to any such fine but that it is his or her duty to make inquiry from
the court and that, if he or she fails to pay the fine within that time or to
apply within that time to the court for an extension of that time, he or she
will be liable to be committed to prison.
(2) Where a direction that the personal attendance of the accused will be
dispensed with has been given in a summons under this Section, the District
Court may in its discretion, at any subsequent stage of the proceedings,
direct the personal attendance of the accused and, if necessary but subject
to the provisions of Section 62, enforce his or her attendance in the manner
hereinafter in this Act provided but no warrant shall be issued unless a
complaint or charge has been made upon oath or sworn evidence has been
given in proof of the offence charged.
(3) Where the District Court convicts an accused person and it is proved to the
satisfaction of the court that not less than 7 days before that conviction a
notice was served on him or her in the prescribed form and manner
specifying any alleged previous conviction of him or her for an offence
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 s 63 CRIMINAL PROCEDURE ACT 1972

proposed to be brought to the notice of the court in the event of his or her
conviction of the offence charged, and the accused is by reason of the
provisions of this Section not present in person before the court, the court
may take account of any such previous conviction so specified as if the
accused had appeared and admitted it.
[subs (3) am Act 25 of 2012 s 3 and Sch[2], opn 21 Dec 2012]
(4) Where the District Court imposes a fine on an accused person who is not
present in person before the court by reason of the provisions of this
Section, the court may forthwith impose a sentence of imprisonment, not
exceeding the term authorised by Section 276 of the Crimes Act 2016, to be
served by the accused person in default of payment of the fine within 8 days
or such further time as may be allowed by the court and, unless it has
granted an extension of time for payment, the court may, upon such default,
forthwith issue a warrant for his or her arrest and committal to prison to
serve that sentence.
[subs (4) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 25 of 2012 s 3 and Sch[2],
opn 21 Dec 2012; Act 18 of 2016 s 287 and Sch 2 clause 55, opn 12 May 2016]
(5) Where the District Court is of the opinion that it would be just to order
disqualification under the provisions of the Motor Traffıc Act 2014 in
respect of an accused person who is not present in person before the court
by reason of the provisions of this Section, it shall order a summons to be
served upon him or her calling upon him or her to show cause why such
disqualification should not be imposed and, if the accused person does not
attend upon the return of the summons or fails to show good cause why the
disqualification should not be imposed, the court may order
disqualification.
[subs (5) am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011; Act 25 of 2012 s 3 and Sch[2],
opn 21 Dec 2012; Act 20 of 2016 s 9, opn 12 May 2016]

62 Warrant after issue of summons

(1) Notwithstanding the issue of a summons, a warrant for the arrest of the
accused may, subject to the provisions of subsection (2), be issued at any
time before or after the time appointed in the summons for his or her
appearance but no such warrant shall be issued before the time appointed in
the summons for his or her appearance unless the complaint has been made
or the charge prosecuted upon oath, or sworn evidence has been given in
proof of the offence.
(2) A warrant for the arrest of a person shall not be issued under this Section,
Section 52, Section 53 or Section 61 unless the offence to which the
warrant relates is punishable with imprisonment otherwise than only in
default of payment of a fine.

63 Summons disobeyed
Where an accused person, after proper service of a summons, does not attend at
the time and place appointed in and by the summons, and his or her personal
attendance has not been dispensed with under Section 61, the District Court may
issue a warrant to arrest him or her and cause him or her to be brought before
it.
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 LAWS OF THE REPUBLIC OF NAURU s 64

64 Form, contents and duration of warrant of arrest

(1) Every warrant of arrest issued under this Part shall be signed by the
magistrate issuing it and bear the seal of the District Court.
(2) Every such warrant shall state shortly the offence with which the person
against whom it is issued is charged and shall name or otherwise describe
him or her and it shall order the person or persons to whom it is directed to
arrest him or her and bring him or her before the District Court to answer
to the charge therein mentioned and to be further dealt with according to
law.
(3) Every such warrant shall remain in force until it is executed or until it is
cancelled by the District Court.

65 Court may direct security to be taken

(1) A magistrate, when issuing a warrant for the arrest of a person in respect of
any offence other than murder or treason, may in his or her discretion direct
by endorsement on the warrant that, if that person executes a bond with
sufficient sureties for his or her attendance before the court at a specified
time and thereafter until otherwise directed by the court, the person to
whom the warrant is directed shall take such security and shall release that
person from custody.
(2) An endorsement under subsection (1) shall state:
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant
is issued are to be respectively bound; and
(c) the time at which he or she is to attend before the District Court.
(3) Wherever security is taken under this Section, the person to whom the
warrant is directed shall forward the bond to the District Court.

66 To whom warrants are to be directed

(1) A warrant of arrest shall normally be directed generally to all police officers
but the District Court may, if its immediate execution is necessary and no
police officer is immediately available, direct it to any other person or
persons and such person or persons shall execute it.
(2) Where a warrant is directed to more officers or persons than one, it may be
executed by all or by any one or more of them.

67 Notification of substance of warrant

The police officer or other person executing a warrant of arrest shall notify the
substance thereof to the person to be arrested.

68 Person arrested to be brought before the court without delay

A person arrested under a warrant of arrest shall, subject to the provisions of
Section 65, be brought without unnecessary delay before the District Court.

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 s 75 CRIMINAL PROCEDURE ACT 1972

69 Where warrant of arrest may be executed

Subject to any written law relating to the privileges and immunities of
Parliament and its members, a warrant of arrest may be executed at any place in
the Republic.

70 Irregularities in warrant
Any irregularity or defect in the substance or form of a warrant and any variance
between it and the written complaint or charge or between either and the
evidence produced on the part of the prosecution at any preliminary inquiry or
trial shall not affect the validity of any proceedings at or subsequent to the
hearing of the case but, if any such variance appears to the court to be such that
the accused has been thereby deceived or misled, the court may, at the request
of the accused, adjourn the hearing of the case to some future date and in the
meantime remand him or her to prison or admit him or her to bail.

71 Power to take bond for attendance

Where a person for whose attendance a magistrate is empowered to issue a
summons is present in the District Court, the court may require that person to
execute a bond, with or without sureties, for his or her attendance in that court.

72 Arrest for breach of bond for attendance

Where a person who is bound by any bond taken under this Act to attend before
the District Court or who has made a deposit of money in lieu of executing such
a bond does not so attend, the court may issue a warrant directing that he or she
be arrested and brought before it.

73 Power of court to order prisoner to be brought before it

(1) Where a person for whose attendance or arrest a magistrate is empowered
to issue a summons or warrant is confined in the prison, a magistrate may
issue an order to the Chief Correctional Officer requiring him or her to
bring that person in proper custody before the District Court at a time to be
named in the order and, where that person is committed for trial to the
Supreme Court, the Registrar may issue an order similarly for him or her to
be brought before the Supreme Court.
[subs (1) am Act 20 of 2016 s 10, opn 12 May 2016]
(2) The Chief Correctional Officer shall, on receipt of an order made under this
Section, act in accordance therewith and shall provide for the safe custody
of the prisoner during his or her absence from the prison for that purpose.
[subs (2) am Act 20 of 2016 s 10, opn 12 May 2016]

74 Provisions of this part generally applicable to summonses and

warrants
The provisions contained in this Part relating to the issue, service and execution
of summonses and warrants shall, so far as they may be applicable, apply to the
issue, service and execution of every summons and every warrant of arrest
issued under this Act.

75 Power to issue search warrant

Where it is proved on oath to a magistrate that in fact or according to reasonable
suspicion anything upon, by or in respect of which an offence has been
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 LAWS OF THE REPUBLIC OF NAURU s 75

committed, or anything which is necessary to the conduct of an investigation

into any offence, is in any building, ship, aircraft, vehicle, box, receptacle or
place, the magistrate may issue a search warrant authorising a police officer or
other person therein named to search the building, ship, aircraft, vehicle, box,
receptacle or place, which shall be named or described in the warrant, for any
such thing and, if anything searched for be found, or any other thing which there
is reasonable cause to suspect to have been stolen or unlawfully obtained be
found, to seize it and bring it before the District Court to be dealt with according
to law.

76 Execution of search warrants

(1) A search warrant may be issued on any day, including a Sunday or a public
holiday, and may be executed on any day, including a Sunday or a public
holiday, between the hours of sunrise and sunset, but the magistrate may by
the warrant, in his or her discretion, authorise the police officer or other
person to whom it is addressed to execute it at any hour.
(2) As soon as practicable after the execution of a search warrant, the warrant
shall be returned to the District Court endorsed with details of its execution,
the person upon whose application the warrant was issued shall be
responsible for its proper return.

77 Persons in charge of closed places to allow ingress thereto and

egress therefrom
(1) Where any building or other place liable to search in execution of a search
warrant is closed, a person residing in or being in charge of that building or
place shall, on demand of the police officer or other person executing the
warrant and on production of the warrant, allow him or her free ingress
thereto and egress therefrom and afford all reasonable facilities for a search
therein.
(2) Where ingress to or egress from any building or other place liable to search
in execution of a search warrant is not allowed in accordance with
subsection (1), the police officer or other person executing the warrant may
proceed in the manner authorised by Sections 12 and 13.
(3) Where a person in or about any building or place liable to search in
execution of a search warrant is reasonably suspected of having any article
for which search is authorised concealed about his or her person, that
person may be searched if that person is a woman or girl, the provisions of
Section 15(4) shall be observed.

78 Detention of property seized

(1) Where any thing is seized and brought before the District Court under the
provisions of Section 76, it may be detained until the conclusion of the case
or the inquiry, reasonable care being taken for its preservation.
(2) Where any appeal is taken, or if a person is committed for trial, the District
Court may order that anything seized and brought before it under the
provisions of Section 76 shall be further detained for the purpose of the
appeal or the trial.
(3) Where no appeal is taken, or if no person is committed for trial, the District
Court shall direct that anything seized and brought before it under the
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 s 90 CRIMINAL PROCEDURE ACT 1972

provisions of Section 76, shall be restored to the person from whom it was
taken, unless the court is authorised or required by law to dispose of it
otherwise or that person consents to its being disposed of otherwise.

79 Provisions applicable to search warrants

Where applicable, the provisions of Sections 64(1) and (3), 66 and 69, shall
apply to all search warrants issued under Section 75.

80 Bail in certain cases

[s 80 rep Act 18 of 2018 s 34, opn 15 May 2018]

80A Considerations for bail

[s 80A rep Act 18 of 2018 s 34, opn 15 May 2018]

81 Recognizance of bail
[s 81 rep Act 18 of 2018 s 34, opn 15 May 2018]

82 Discharge from custody

[s 82 rep Act 18 of 2018 s 34, opn 15 May 2018]

83 Deposit instead of recognizance

[s 83 rep Act 18 of 2018 s 34, opn 15 May 2018]

84 Power to order sufficient bail when that first taken is

insufficient
[s 84 rep Act 18 of 2018 s 34, opn 15 May 2018]

85 Discharge of sureties
[s 85 rep Act 18 of 2018 s 34, opn 15 May 2018]

86 Death of surety
[s 86 rep Act 18 of 2018 s 34, opn 15 May 2018]

87 Absconding or breaching conditions of bail offences

[s 87 rep Act 18 of 2018 s 34, opn 15 May 2018]

87A Alleged offences committed during the bail period

[s 87A rep Act 18 of 2018 s 34, opn 15 May 2018]

88 Forfeiture of recognizance
[s 88 rep Act 18 of 2018 s 34, opn 15 May 2018]

89 Appeal from and revision of orders

[s 89 rep Act 18 of 2018 s 34, opn 15 May 2018]

90 Offence to be specified in charge or information with necessary

particulars
Every charge or information shall contain, and shall be sufficient if it contains,
a statement of the specific offence or offences with which the accused person is
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 LAWS OF THE REPUBLIC OF NAURU s 90

charged, together with such particulars as may be necessary for giving

reasonable notice of the nature of the offence charged.

91 Joinder of counts in a charge or information

(1) Any offences may be charged together in the same charge or information if
the offences charged are founded on the same facts or form, or are part of,
a series of offences of the same or a similar character.
(2) Where more than one offence is charged in a charge or information, a
description of each offence so charged shall be set out in a separate
paragraph of the charge or information called a count.
(3) Where, before trial or at any stage of a trial, the court is of the opinion that
an accused may be embarrassed in his or her defence by reason of being
charged with more than one offence in the same charge or information, or
that for any other reason it is desirable to direct that the person be tried
separately for any one or more offences charged in a charge or information,
the court may order a separate trial of any count or counts of that charge or
information.

92 Joinder of two or more accused in one charge or information

(1) The following persons may be joined in one charge or information and may
be tried together, namely:
(a) persons accused of the same offence committed in the course of the
same transaction;
(b) persons accused of an offence and persons accused of abetment, or of
an attempt to commit such offence;
(c) persons accused of more offences than one of the same kind, that is to
say, offences punishable with the same amount of punishment under the
same Section of the Crimes Act 2016 or of any other written law,
committed by them jointly within a period of 12 months;
(d) persons accused of different offences committed in the course of the
same transaction; or
(e) persons accused of any offence under Division 9.2, 9.3 or 9.5 of the
Crimes Act 2016, and persons accused of receiving or retaining
property possession of which is alleged to have been transferred by any
such offence committed by the first-named persons, or of abetment or
of attempting to commit either of such offences.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clauses 56, 57, opn 12 May 2016]
(2) Where, before trial or at any stage of a trial, the court is of opinion that the
interests of justice require that one or more of several accused who are
included in the one charge or information be tried separately from the
others, it may so order and separate trials shall thereupon be held as
ordered.

93 Rules for the framing of charges and information

The following provisions shall apply to all charges and information and,
notwithstanding any rule of law or practice, a charge or information shall,
subject to the provisions of this Act, not be open to objection in respect of its
form or contents if it is framed in accordance with the provisions of this Act:
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 s 93 CRIMINAL PROCEDURE ACT 1972

(a) Mode in which offences are to be charged:

(i) a count of a charge or information shall commence with a statement of
the offence charged, called the statement of offence;
(ii) the statement of offence shall describe the offence shortly in ordinary
language, avoiding as far as possible the use of technical terms, and
without necessarily stating all the essential elements of the offence and,
if the offence charged is one defined by a written law, shall contain a
reference to the Section of the written law defining the offence;
(iii) after the statement of the offence, particulars of the offence shall be set
out in ordinary language, in which the use of technical terms shall not
be necessary:
Provided that where any rule of law or any written law limits the
particulars of an offence which are required to be given in a charge or
information, nothing in this sub-paragraph shall require any more
particulars to be given than those so required;
(iv) the forms set out in the Schedule or forms conforming thereto as nearly
as may be shall be used in the cases to which they are applicable; and
(v) where a charge or information contains more than one count, the counts
shall be numbered consecutively;
(b) Provisions as to statutory offences:
(i) where a written law defining an offence states the offence to be the
doing or the omission to do any one of a number of different acts in the
alternative, or the doing or the omission to do any act in any one of a
number of any different capacities, or with any one of a number of
different intentions, or states any part of the offence in the alternative,
the acts, omissions, capacities, intentions or other matters stated in the
alternative in the written law may be stated in the alternative in the
count charging the offence; and
(ii) it shall not be necessary, in any count charging an offence defined by a
written law, to negative any exception or exemption from, or proviso or
qualification to, the operation of the written law defining the offence;
(c) Description of property:
(i) the description of property in a charge or information shall be in
ordinary language and such as to indicate with reasonable clarity the
property referred to and, if the property is so described, it shall not be
necessary, except where required for the purpose of describing an
offence depending on any special ownership of property or special
value of property, to name the person to whom the property belongs or
the value of the property;
(ii) where the property is vested in more than one person and the owners of
the property are referred to in a charge or information, it shall be
sufficient to describe the property as owned by one of those persons by
name with others, and if the persons owning the property are a body of
persons with a collective name, such as a firm or “inhabitants”,
“trustees”, “club” or other such name, it shall be sufficient to use the
collective name without naming any individual;
(iii) property belonging to or provided for the use of any public
establishment or department may be described as the property of the
Republic; and
(iv) coin and bank or currency notes of Nauru or of any foreign country may
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 LAWS OF THE REPUBLIC OF NAURU s 93

be described as money and any allegation as to money, so far as regards

the description of the property, shall be sustained by proof of the
amount of money, whether coin, bank note or currency note, even
though the particular species of coin or note of which that amount was
composed is not proved and, in cases of stealing, embezzling and
obtaining by false pretences, by proof that the accused person
dishonestly appropriated or obtained any coin, bank note or currency
note, or any portion of the value thereof, even though that coin, bank
note or currency note may have been delivered to him or her in order
that some part of the value thereof should be returned to the party
delivering it or to some other person and that part has been returned
accordingly;
(d) Description of persons:
The description or designation in a charge or information of the accused, or
of any other person to whom reference is made therein, shall be such as is
reasonably sufficient to identify him or her, without necessarily stating his
or her correct name or his or her abode, style, title or occupation and, if,
owing to the name of the person not being known or for any other reason,
it is impracticable to give such a description or designation, a description or
designation shall be given such as is reasonably practicable in the
circumstances, or the person may be described as “a person unknown”;
(e) Description of documents:
Where it is necessary to refer to any document or instrument in a charge or
information, it shall be sufficient to describe it by any name or designation
by which it is usually known, or by the purport thereof, without setting out
any copy thereof;
(f) General rule as to description:
Subject to any other provisions of this Section, it shall be sufficient to
describe any place, time, thing, matter, act or omission whatsoever to which
it is necessary to refer in any charge or information in ordinary language in
such a manner as to indicate with reasonable clarity the place, time, thing,
matter, act or omission referred to;
(g) Statement of intent:
It shall not be necessary in stating any intent to defraud, deceive or injure
to state an intent to defraud, deceive or injure any particular person, where
the written law defining the offence does not make an intent to defraud,
deceive or injure a particular person an essential ingredient of the offence;
(h) Mode of charging previous convictions:
Where a previous conviction of an offence is alleged in a charge or
information, it shall be alleged at the end of the charge or information by
means of a statement that the accused has been previously convicted of the
offence at a certain time and place without stating the particulars of the
offence;
(i) Use of figures and abbreviations:
Figures and abbreviations may be used for expressing anything which is
commonly expressed thereby; and
(j) Gross sum may be specified in certain cases of stealing:
Where a person is charged with stealing, it shall be sufficient to specify the
gross amount of property alleged to have been stolen and the dates between
which the stealing is alleged to have been committed without specifying
particular times or exact dates.
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 s 98 CRIMINAL PROCEDURE ACT 1972

94 Person convicted or acquitted not to be tried again for same

offence
A person who has been once tried by a court of competent jurisdiction for an
offence and convicted or acquitted of that offence shall, while such conviction or
acquittal has not been reversed or set aside, not be liable to be tried again on the
same facts for the same offence or any offence in respect of which he or she
could have been convicted on the charge, or any count of the charge, of which
he or she was acquitted and, if required by any court to plead to an information
or charge in respect of such an offence, may, instead of pleading to the
information or charge, plead that he or she has already been convicted or
acquitted of that offence, and the court shall thereupon try whether that plea is
true and only if it finds the plea to be untrue shall the court require him or her
to plead to the information or charge or to the count relating to that offence.

95 Person may be tried again for separate offence

A person convicted or acquitted of an offence may afterwards be tried for any
other offence with which he or she might have been charged on the former trial
under Section 91(1), except an offence of which he or she could have been
convicted on any charge, or any count of the charge, in respect of which he or
she was acquitted.

96 Consequences supervening or not known at time of former

trial
A person convicted of any act causing consequences which together with that
act constitute a different offence from that of which he or she was convicted,
may be afterwards tried for that different offence if the consequences had not
happened, or were not known to the court to have happened, at the time when
he or she was convicted.

97 Where original court was not competent to try subsequent

charge
Subject to the provisions of Section 273 (Offences under two or more Acts) of
the Crimes Act 2016, a person convicted or acquitted of any offence constituted
by any acts or omissions may, notwithstanding such conviction or acquittal, be
subsequently charged with and tried for that or any other offence constituted
wholly or in part by the same acts or omissions, if the court by which he or she
was first tried was not competent to try the offence with which he or she is
subsequently charged.
[s 97 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 58, opn 12 May 2016]

98 Records of criminal and other convictions

(1) The Registrar shall establish, keep and maintain a Register of Records of
Criminal Convictions and such other convictions which may be prescribed
by regulations.
(2) The Register shall contain the following information of a person whose
convictions are required to be kept and maintained:
(a) full name and address;
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 LAWS OF THE REPUBLIC OF NAURU s 98

(b) date of birth;

(c) a photograph or photo identity, where available;
(d) the court in which the person was convicted;
(e) case reference number given by the court;
(f) nature of offences for which he or she was convicted;
(g) date when charge was filed;
(h) date of conviction, whether after pleading guilty or trial;
(i) date of sentence; and
(j) sentence.
(3) Where a person has been convicted for offences in more than one cause or
matter, the information required to be recorded in subsection (2) shall be:
(a) recorded separately by reference to the number of causes or matters;
and
(b) when required for any purpose, the Registrar shall, subject to
subsection (5), provide a consolidated record.
(4) The records shall be provided under the hand of the Registrar, which shall
when required for any proceeding, be admissible as evidence.
(5) Any records in excess of 15 years is deemed to be a spent conviction.
(6) The records kept by the Registrar shall without any charge or fees, be made
available to:
(a) Nauru Police Force;
(b) Director of Public Prosecutions;
(c) Director of the Office of the Public Legal Defender; and
(d) any other official purpose of the Government.
(7) An individual, by himself or herself or any other authorised body or person
may request the Registrar to provide a certificate of the record of any
conviction, for a fee to be prescribed by regulations, which certificate shall
be conclusive record of any such conviction.
(8) Any certificate of record issued by the Registrar is confidential and shall
only be used for any lawful purpose requested or given.
(9) For the purposes of this Section and Section 98A:
(a) ‘spent conviction’ means a previous conviction for which an accused
person has been sentenced in the past and which shall not be referred to
in court for any purpose or where it is so referred, it shall be
disregarded by the court in its deliberations; and
(b) ‘record of convictions’ means record of criminal and other convictions
kept by the Registrar under subsection (1).
[s 98 subst Act 11 of 2020 s 4, opn 4 June 2020]

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 s 100 CRIMINAL PROCEDURE ACT 1972

98A Proving previous convictions

(1) A certificate of the record of convictions kept by the Registrar shall be
admitted in evidence unless it is objected to by any party, in which case the
party objecting shall give 10 days’ notice of such objection.
(2) A prescribed certificate issued by a person appointed by the Minister for
Justice to compare fingerprints of a person with a previous conviction shall
be admissible evidence unless it is objected to by any party, in which case
the party shall give 30 days’ notice of grounds or reasons for objections.
(3) A record of criminal conviction in any place outside the Republic may be
proved by:
(a) the production of a certificate given under the hand of a police officer
or the person who keeps and maintains such records in the country
where the person was convicted;
(b) a certified copy of the sentence or order under the hand of the officer in
charge of the court in which the person was convicted; or
(c) a certified copy of the records of fingerprints or photographs of the
fingerprints of the person kept by any authority in the country where
the person was convicted.
(4) Where an objection is made under subsections (1) and (2), a person in
charge of such records may be required to attend court as a witness or
provide an affidavit duly sworn before a Commissioner for Oaths to be filed
in court.
(5) Where an objection is made under subsection (3) for the admissibility of
the evidence, the contents of the certificate shall be proven by an affidavit
of a police officer or person in charge of such records, duly sworn before a
Commissioner for Oaths, of the truth of the contents of conviction and the
details.
[s 98A insrt Act 11 of 2020 s 5, opn 4 June 2020]

99 When leave of Cabinet necessary before prosecution may be

instituted
Any proceedings for the trial of a person who is not normally resident in Nauru
for an offence committed on the open sea within the territorial waters of Nauru
shall not be instituted in any court except with the leave of the Cabinet and upon
a certificate purporting to be signed by the Secretary to the Cabinet that the
Cabinet considers it expedient that such proceedings should be instituted:
Provided that for the purposes of the requirement of consent and a certificate
under this Section, proceedings before the District Court under Part 7 are not
proceedings for the trial of a person; and
Provided further that it shall not be necessary to aver in any charge or
information that the consent or certificate of the Cabinet required by this Section
has been given and the fact of it having been given shall be presumed unless
disputed by the accused person at the trial.
[s 99 am Act 21 of 2020 s 5, opn 23 Oct 2020]

100 Power to summon material witnesses and examine persons

present
(1) A court may at any stage of any proceeding under this Act, of its own
motion or on the application of any party, summon a person as a witness,
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 LAWS OF THE REPUBLIC OF NAURU s 100

or examine a person in attendance though not summoned as a witness, or

recall and re-examine a person already examined, and the court shall,
unless the circumstances make it impossible to do so, summon and examine
or recall and re-examine any such person if his or her evidence, or further
evidence, appears to it essential to the just decision of the case:
Provided that the prosecutor, or the legal practitioner, if any, for the
prosecution, and the accused, or his or her legal practitioner, if any, shall
have the right to cross-examine any such person, and the court shall
adjourn the case for such time, if any, as it thinks necessary to enable such
cross-examination to be adequately prepared if, in its opinion, either party
may be prejudiced by the calling of any such person as a witness.
(2) The provisions of Part 8 of the District Court Act 2018 and Part 14 of the
Supreme Court Act 2018 shall apply mutatis mutandis in respect of a person
who fails to attend before any court in obedience to a summons issued
under subsection (1) as though that summons had been issued under the
said Acts.

101 Evidence to be given on oath or affirmation

Every witness in a criminal cause or matter shall be examined upon oath or
affirmation, and the court before which any witness attends shall have full power
and authority to administer the usual oath or affirmation:
Provided that the court may at any time, if it thinks it just and expedient for
reasons to be recorded in the proceedings, take without oath or affirmation the
evidence of a person who by reason of immature age ought not, in the opinion
of the court, to be admitted to give evidence on oath or affirmation and the fact
of the evidence having been so taken shall be recorded in the proceedings.

102 Refractory witnesses

A person who, attending either in obedience to a summons or by virtue of a
warrant, or being present in court and being verbally required by the court to
give evidence:
(a) refuses to be sworn or affirmed;
(b) having been sworn or affirmed, refuses to answer any question properly put
to him or her; or
(c) refuses or neglects to produce any document or thing which he or she is
required to produce,
without in any such case offering any sufficient excuse for such refusal or
neglect, is guilty of an offence and is liable to imprisonment for 6 months and
a fine of $200.

103 Compulsory disclosures not to afford evidence

In any proceedings in respect of any offence against any written law, a statement
or admission made by a person in any compulsory examination or deposition
before any court on the hearing of any matter in bankruptcy or insolvency is not
admissible in evidence against that person.

104 Negative averments

Any exception, exemption, proviso, excuse or qualification, whether it does or
does not accompany in the same Section the description of the offence in the
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 s 106 CRIMINAL PROCEDURE ACT 1972

written law defining such offence, and whether or not specified or negatived in
the charge or complaint, may be proved by the accused, but no proof in relation
thereto shall be required on the part of the complainant or prosecutor.

105 Cases where wife or husband may be called without the

consent of the accused
(1) In any inquiry or trial the wife or husband of the accused shall be a
competent witness for the prosecution or defence without the consent of the
accused:
(a) in any case where the wife or husband of the accused may, under any
law in force for the time being, be called as a witness without the
consent of the accused;
(b) in any case where the accused is charged with an offence under Part 7
(Sexual offences) or Section 149 (Bigamy) of the Crimes Act 2016; and
(c) in any case where the accused is charged in respect of an act or
omission affecting the person or property of the wife or husband of the
accused or the children of either of them.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 59, opn 12 May 2016]
(2) For the purposes of this Part, no person shall be deemed to be the wife or
husband of any other person unless they are lawfully married to one
another.

106 Competency of accused and husband or wife as witness in

criminal cases
A person charged with an offence, and the wife or husband, as the case may be,
of the person so charged, shall be a competent witness for the defence at every
stage of the proceedings, whether the person so charged is charged solely or
jointly with any other person:
Provided that:
(a) an accused shall not be called as a witness in pursuance of this Section
except upon his or her own application;
(b) the wife or husband of the accused shall not, save as provided in Section
105, be called as a witness except upon the application of that accused;
(c) nothing in this Section shall make a husband compellable to disclose any
communication made to him by his wife during their marriage, or a wife
compellable to disclose any communication made to her by her husband
during their marriage;
(d) an accused who is a witness in pursuance of this Section may be asked any
question in cross-examination, notwithstanding that it would tend to
incriminate him or her as to the offence charged;
(e) an accused who is called as a witness in pursuance of this Section shall not
be asked, and if asked shall not be required to answer, any question tending
to show that he or she has committed or been convicted of or been charged
with any offence other than that wherewith he or she is then charged, or is
of bad character, unless:
(i) the proof that he or she has committed or been convicted of such other
offence is admissible evidence to show that he or she is guilty of the
offence wherewith he or she is then charged;
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 LAWS OF THE REPUBLIC OF NAURU s 106

(ii) he or she has personally or by his or her legal practitioner asked

questions of any witness with a view to establishing his or her own good
character or has given evidence of his or her own good character, or the
nature or conduct of the defence is such as to involve imputations on the
character of the complainant or the witnesses for the prosecution; or
(iii) he or she has given evidence against any other person charged with the
same offence;
(f) every person called as a witness in pursuance of this Section shall, unless
otherwise ordered by the court, give his or her evidence from the witness
box or other place from which the other witnesses have given their
evidence; and
(g) nothing in this Section shall affect the provisions of Section 202 or any
right of the accused to make a statement without being sworn.

107 Procedure where accused is called as witness

Where the accused is called by the defence as a witness to the facts of the case,
he or she shall be called as a witness immediately after the close of the evidence
for the prosecution.

108 Right of reply

In cases where the right of reply depends upon the question whether evidence
has been called for the defence, the fact that the accused has been called as a
witness shall not of itself confer on the prosecution the right of reply.

109 Inquiry by court as to unsoundness of mind of accused

(1) Where in the course of a trial or inquiry or at any time after a formal charge
has been presented or drawn up, the court which has charge of the
proceedings has reason to believe that the accused may be of unsound mind
so as to be incapable of making his or her defence, it shall inquire into the
fact of such unsoundness and, if the accused is not present in court and it
appears to the court that it would be unreasonable to bring him or her
before the court, he or she shall be interviewed by a magistrate, in whatever
place is most appropriate, for the purpose of endeavouring to explain to him
or her the nature of the charge and of hearing whatever he or she has to say
which is relevant to the issue of insanity and the magistrate shall cause a
note of the interview to be placed on the record of the proceedings.
(2) Where the court is of the opinion that the accused is of unsound mind so
that he or she is incapable of making his or her defence, it shall postpone
further proceedings in the case and shall report the case to the President.
(3) Where the case is one in which bail may be taken, the court may release the
accused person on sufficient security being given that he or she will be
properly taken care of and prevented from doing injury to himself or herself
or to any other person, and for his or her attendance before the court or such
officer as the court may appoint in that behalf.
(4) Upon consideration of the court record or a copy thereof, the President may
order that the accused be confined in a hospital or a suitable place of
custody and the court shall issue a warrant in accordance with that order.
Any such order of the President shall be sufficient authority for the
detention of the accused person until the President shall make a further
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 s 113 CRIMINAL PROCEDURE ACT 1972

order in the matter or until the court which has found him or her incapable
of making his or her defence orders him or her to be brought before it again
in the manner provided by Section 112 and, while so confined, the accused
shall be deemed to be in lawful custody.

110 Defence of unsoundness of mind at preliminary inquiry

Where the accused appears to be of sound mind at the time of a preliminary
inquiry, the District Court, notwithstanding that it is alleged that, at the time
when the act was committed in respect of which the accused is charged, he or
she was by virtue of the provisions of Section 42 of the Crimes Act 2016 not
criminally responsible for the act, shall proceed with the inquiry and, if the
accused ought, in the opinion of the court, to be committed for trial on
information, the court shall so commit him or her.
[s 110 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 60, opn 12 May 2016]

111 Defence of unsoundness of mind on trial

Where any act or omission is charged against a person as an offence and it is
given in evidence on the trial of such person for that offence that by virtue of the
provisions of Section 42 of the Crimes Act 2016, he or she was not criminally
responsible for his or her act or omission at the time when the act was done or
the omission made, then, if it appears to the court before which that person is
tried that he or she did the act or made the omission charged but was not
criminally responsible as aforesaid at the time when he or she did or made it, the
court shall make a special finding to the effect that the accused was not guilty by
reason of insanity. Where such a special finding is made, the court shall report
the case for the order of the President and shall meanwhile order the accused to
be kept in custody in such place and in such manner as the court shall direct.
The President may order the accused to be confined in a hospital or in a prison
or other suitable place of safe custody and, while so confined, the accused shall
be deemed to be in lawful custody.
[s 111 am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 60, opn 12 May 2016]

112 Resumption of trial

Where any trial is postponed under the provisions of Section 109, the court may
at any time resume the trial and require the accused to attend or be brought
before it and, if the court then considers him capable of making his or her
defence, the trial shall proceed but, if the court considers the accused to be still
incapable of making his or her defence, it shall act as if the accused were
brought before it for the first time.
[s 112 subst Act 20 of 2016 s 15, opn 12 May 2016]

113 Certificate of medical officer of hospital as to sanity to be

evidence
Where a person is confined in a hospital under the provisions of this Act and the
medical officer in charge of that hospital certifies that the accused appears to be
capable of making his or her defence, the accused shall be taken before the court
at such time as the court appoints to be dealt with according to law, and the
certificate of the medical officer shall be receivable in evidence.
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 LAWS OF THE REPUBLIC OF NAURU s 114

114 Procedure where accused does not understand proceedings

(1) Where the accused, though not of unsound mind, cannot be made to
understand the proceedings:
(a) in cases tried by the District Court, the court shall proceed to hear the
evidence and, if at the close of the evidence for the prosecution and, if
the defence has been called upon, of any evidence for the defence the
court is of the opinion that the evidence which it has heard would not
justify a conviction, it shall acquit and discharge the accused but, if the
court is of the opinion that the evidence which it has heard would
justify a conviction, it shall order the accused to be detained during the
President’s pleasure but every such order shall be subject to
confirmation by a judge of the Supreme Court; or
(b) in cases which are the subject of trial by the Supreme Court:
(i) the District Court shall hear the evidence for the prosecution and, if
satisfied that a prima facie case has been proved, shall commit the
accused for trial by the Supreme Court and either admit him or her
to bail or commit him or her to prison for safe keeping; and
(ii) [repealed]
(iii) if the Director of Public Prosecutions states to the District Court
that he or she does not intend to file an information, the accused
shall be at once discharged in respect of the charge made against
him or her and, if he or she has been committed to prison, shall be
released and, if on bail, his or her recognizance shall be discharged
but such a discharge shall not operate as a bar to any subsequent
proceedings against him or her on account of the same facts.
[subs (1) am Act 20 of 2016 s 16, opn 12 May 2016]
(2) A person ordered under the provisions of this Section to be detained during
the President’s pleasure shall be liable to be detained in such place and
under such conditions as the President may, from time to time, by order in
writing, direct and, while so detained, shall be deemed to be in lawful
custody.
(3) The President may at any time, of his or her own motion or after receiving
a report from a person or persons thereunto empowered by him or her,
order that a person detained as provided in subsection (2) be discharged or
otherwise dealt with subject to such conditions as to the person remaining
under supervision in any place or by a person, and such other conditions for
ensuring the welfare of the said person and the public, as the President shall
think fit.
(4) Where a person has been ordered to be detained during the President’s
pleasure under the provisions of subsection (1), the confirming or presiding
Judge shall forward to the President a copy of the notes of evidence taken
at the trial, together with a report in writing signed by him or her containing
any recommendation or observations on the case he or she may think fit to
make.

115 Mode of delivering judgment

(1) The judgment in every trial of a criminal cause in any court in the exercise
of its original jurisdiction shall be delivered, or the substance of such
judgment shall be explained, in open court either immediately after the
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 s 118 CRIMINAL PROCEDURE ACT 1972

termination of the trial or at some subsequent time of which notice shall be

given to the parties and their legal practitioners, if any:
Provided that the whole judgment shall be read out by the presiding Judge
or magistrate, or the magistrate having charge of the proceedings, as the
case may be, if he or she is requested to do so either by the prosecution or
the defence.
(2) The accused shall, if in custody, be brought before the court and, if not in
custody, be required by the court to attend, to hear judgment delivered,
except where the court has proceeded to the determination of the case in the
absence of the accused under Section 151 or his or her personal attendance
during the trial has been dispensed with and the sentence is one of a fine
only or where he or she is acquitted.
(3) No judgment delivered by any court shall be deemed to be invalid by
reason only of the absence of any party or his or her legal practitioner on
the day or from the place notified for the delivery thereof, or of any
omission to serve, or defect in serving, on the parties or their legal
practitioners, or any of them, the notice of such day and place.

116 Contents of judgment

(1) Any judgment in the trial of a criminal cause shall, except as otherwise
expressly provided by any written law, be written by the presiding Judge or
magistrate, or the magistrate having charge of the proceedings, as the case
may be, in the language of the court, and shall contain the point or points
for determination, the decision thereon and the reasons for the decision, and
shall be dated and signed by the presiding Judge or magistrate, or the
magistrate having charge of the proceedings, in open court at the time of
pronouncing it:
Provided that where the accused has admitted the truth of the charge and
has been convicted, it shall be a sufficient compliance with the provisions
of this subsection if the judgment contains only the finding and sentence or
other final order and is signed and dated by the presiding Judge, or
magistrate, or the magistrate having charge of the proceedings, as the case
may be, at the time of pronouncing it.
(2) In the case of a conviction, the judgment shall specify the offence of which,
and in the case of an offence defined by the Crimes Act 2016 or any other
written law, the Section of the Crimes Act 2016 or the other written law
under which, the accused is convicted and the sentence imposed.
[subs (2) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 61, opn 12 May 2016]
(3) In the case of an acquittal, the judgment shall state the offence of which the
accused is acquitted and shall direct that he or she be set at liberty.

117 Copy of judgment, etc, to be given to accused on application

On the application of the accused a copy of the judgment or, if he or she so
desires and it is reasonably practicable, a translation in his or her own language,
shall be given to him or her free of cost without unnecessary delay.

118 Costs
[s 118 rep Act 40 of 2018 s 6, opn 18 Dec 2018]

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 LAWS OF THE REPUBLIC OF NAURU s 118A

118A No costs to be awarded

(1) For the avoidance of doubt and despite any other written law, the court shall
have no jurisdiction to make an order for costs in its original or appellate
jurisdiction in any criminal cause or matter for or against both the accused
persons and the prosecution.
(2) Where there is an inconsistency between this provision and any other
written law, this provision shall prevail.
[s 118A insrt Act 40 of 2018 s 7, opn 18 Dec 2018]

119 Order to pay costs appealable

[s 119 rep Act 40 of 2018 s 8, opn 18 Dec 2018]

120 Compensation in case of frivolous or vexatious charges

Where on the acquittal of an accused or the dismissal of any charge the District
Court is of the opinion that the charge was frivolous or vexatious, the court may
order the complainant to pay to the accused in addition to his or her costs a
reasonable sum as compensation for the trouble and expense to which he or she
has been put by reason of the charge.

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 s 121A CRIMINAL PROCEDURE ACT 1972

121 Power of courts to award expenses or compensation out of fine

(1) A court may, in its discretion, order the whole or any part of any fine
imposed or money found on or in the possession of a person who has been,
or is subsequently, convicted, or who has been, or is subsequently,
discharged without conviction under the provisions of any written law
following a finding that he or she is guilty of an offence, to be applied in or
towards the:
(a) defraying of the costs or expenses properly incurred in the prosecution;
(b) payment to a person of compensation for any loss or injury caused by
the offence of which the accused has been convicted or found guilty or
by any other offence which is taken into consideration by the court in
determining his or her sentence;
(c) defraying of any compensation awarded under the provisions of
Section 120; or
(d) payment to a person of compensation for any loss sustained by him or
her in consequence of any order made under the provisions of this Part
for the restitution or disposal of any property or thing.
(2) In determining whether or not to impose a fine and in deciding the quantum
of a fine, a court may take into account the fact that an order under
subsection (1) would be appropriate but shall at all times have regard to the
means of the accused as they appear or are known to the court.
(3) Where an order is made under subsection (1) in a case which is subject to
appeal, no payment ordered shall be made before the period allowed for
presenting the appeal has elapsed or, if an appeal is presented, before the
determination of the appeal.
(4) At the time of awarding compensation in any subsequent civil suit relating
to the same matter, a court shall take into account any sum paid or
recovered as compensation under this Section.
(5) At any time before compensation has been paid in pursuance of an order
made under subsection (1), if it appears to the court that:
(a) the loss or injury in respect of which the order was made has been held
in civil proceedings to be less than it was taken to be for the purposes
of the order; or
(b) where the order related to the loss of any property, the property has
been recovered by the person in whose favour the order was made,
the court may, upon the application of the accused, cancel or amend the
order and by such amendment may, if it thinks fit, order that any part of the
fine, if paid, be refunded to the accused.
(6) Where the Supreme Court in the exercise of its appellate or revisional
jurisdiction imposes or increases any fine or quashes an order of acquittal
and imposes a conviction, it shall have the same powers to make an order
under subsection (1) as though it were the court of first instance.

121A Compensation Orders

(1) Where after the commencement of this Section a person, “the offender”, is
found guilty of an offence the maximum penalty for which is imprisonment
for a period of 3 years or more, and the offender is convicted or discharged
without conviction and the court is satisfied that, as a direct result of the
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 LAWS OF THE REPUBLIC OF NAURU s 121A

commission of the offence, a person other than the offender has suffered
bodily injury or injury to property, the court may:
(a) in respect of any bodily injury, order the offender to make
compensation to that person by means of the payment of a specified
amount of money not exceeding $10,000; or
(b) in respect of any injury to property, order the offender to make
compensation to that person by means of the payment of a specified
amount or an amount to be assessed by a person appointed by the court
not exceeding the reasonable cost of repair or replacement of the
property.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]
(2) An order under subsection (1) may be made in addition to any other penalty
imposed on, or order made in relation to, the offender.
(3) Where the court makes an order under subsection (1):
(a) the court may direct that the amount be paid by specified instalments;
and
(b) the amount to be paid pursuant to the order, or each instalment as it
falls due, as the case requires, is a debt due to the person in whose
favour the order is made.
(4) Where an order is made under subsection (1) and the amount ordered to be
paid is not paid on the due date, the person in whose favour the order is
made may apply for and is entitled to an order attaching property under Part
2 of the Civil Procedure Act 1972 for recovery of the full amount to be paid
whether or not an order for instalments had been made.
(5) Notwithstanding anything to the contrary in the Civil Procedure Act 1972,
an order attaching property made under subsection (4) can be made against
any real property in which an offender has any interest or any building in
which an offender has an interest and which is constructed upon land
owned by a person or persons other than the offender.
(6) Where a conviction referred to in subsection (1) is subject to appeal, the
court may in making an order under subsection (1) further order that
pending the presentation of an appeal or of the determination of an appeal
the payment of the amount is to be suspended but that the offender not
dispose of any property without the approval of the court and, where the
amount exceeds $5,000, provide surety to the value of the amount ordered
to be paid.
(7) Nothing in this Section shall be construed as removing or affecting a cause
of action which a person may have to recover damages for bodily injury or
injury to property suffered by the person, but in proceedings in relation to
that cause of action the court shall have regard to an amount paid pursuant
to an order made under this Section.
[s 121A insrt Act 8 of 2006 s 4, opn 11 Aug 2006]

122 Payment to innocent person of money found on accused

Where a person is found guilty of any offence of, or which includes, stealing or
receiving stolen property and the court which has found him or her guilty is
satisfied that any other person has bought the stolen property from him or her
without knowing or having reason to suspect that it was stolen, then, if any
money has been found on or in the possession of the person found guilty, the
court may, whether or not it proceeds to conviction, on the application of the
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 s 125 CRIMINAL PROCEDURE ACT 1972

purchaser and on the restitution of the stolen property to the person entitled to
the possession thereof, order that out of that money a sum not exceeding the
price paid by the purchaser shall be delivered to him or her.

123 Promotion of reconciliation

A court may, on terms of payment of compensation or other terms approved by
it, promote reconciliation and encourage and facilitate the settlement in an
amicable way of all proceedings before it for common assault or for any other
offence of a personal or private nature for which, upon conviction, a fine or
sentence of imprisonment for a term not exceeding one year may be imposed,
and may thereupon order the proceedings to be stayed or terminated.

124 Preservation or disposal of property

(1) It shall be lawful for any court in any criminal proceedings to make orders
for:
(a) the preservation, or interim custody or detention, of any property
produced in evidence or as to which any question may arise in the
proceedings;
(b) the sale, destruction or other disposal of any such property as may be
of a perishable nature or liable to deteriorate, or as may be dangerous;
(c) the restoration or awarding of possession of any such property to the
person appearing to the court to be entitled to possession thereof,
without prejudice however to any civil proceedings which may be
taken with respect thereto;
(d) the payment by a person of the expense incurred in or about the
preservation, custody, detention, sale, destruction or other disposal of
any such property or the proceeds thereof; or
(e) the application of any such property or the proceeds thereof, in or
towards satisfaction or payment of any such costs or compensation as
may be ordered by the court to be paid by a person.
(2) An order made under the provisions of subsection (1)(d), may be enforced
as if the order were the imposition of a fine.
(3) Where an order is made under the provisions of this Section in a case in
which an appeal lies, such order shall not, except where the property is
liable to deterioration or decay or is dangerous, be carried out until the
period allowed for presenting an appeal has passed or, where an appeal is
presented within that period, until the appeal has been determined.

125 Property stolen to be restored to owner

(1) Where a person guilty of any such offence as is mentioned in Division 9.2,
9.3 or 9.5 of the Crimes Act 2016, by stealing, taking, obtaining, extorting,
converting or disposing of, or by knowingly receiving, any property, is
prosecuted to conviction by a public prosecutor or by or on behalf of the
owner of that property, or is found guilty on any such prosecution but is
discharged under the provisions of any written law without conviction, the
property shall be restored to the owner or his or her representative.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 62, opn 12 May 2016]
(2) In every case referred to in subsection (1), the court before which any such
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 LAWS OF THE REPUBLIC OF NAURU s 125

offender is convicted, or discharged without conviction, shall have power to

award from time to time writs of restitution for the property or to order the
restitution thereof in a summary manner:
Provided that:
(a) where goods as defined in the Sale of Goods Act 1893 of England in its
application to Nauru have been obtained by fraud or other wrongful
means not amounting to stealing, the property in those goods shall not
revest in the person who was the owner of the goods, or his or her
personal representative, by reason only of the conviction of the
offender; and
(b) nothing in this Section shall apply to the case of any valuable security
which has been in good faith paid or discharged by some person liable
for the payment thereof or, being a negotiable instrument, has been in
good faith taken or received by transfer or delivery by some person for
a just and valuable consideration without any notice or without
reasonable cause to suspect that the same had been stolen.
(3) The operation of any order under this Section shall, unless the court before
which the conviction or discharge takes place directs to the contrary in any
case in which the title to the property is not in dispute, be suspended:
(a) in any case until the time allowed for presenting an appeal has passed;
(b) in a case where an appeal is presented, until the determination of the
appeal,
and, in cases where the operation of any such order is suspended until the
determination of the appeal, the order shall not take effect as to the property
in question if the conviction is quashed on appeal, unless the Supreme
Court so directs. The Chief Justice may make provision by rules for
securing the safe custody of any property pending the suspension of the
operation of any such order.
(4) A person aggrieved by an order made under this Section by the District
Court may appeal to the Supreme Court and upon the hearing of any such
appeal the court may by order annul or vary any order made on a trial for
the restitution of any property to a person, even though the conviction or
order of discharge is not quashed; and the order, if annulled, shall not take
effect and, if varied, shall take effect as so varied.

126 Stay of order

Upon the application of a person affected by any order or interested in the
property the subject of any order made under the provisions of Sections 124 and
125, the Supreme Court may direct any such order made by the District Court
to be stayed pending consideration by the Supreme Court and may modify, alter
or annul any such order.

127 Restoration of possession of real property

(1) Where a person is convicted of an offence attended by criminal force, threat
or intimidation and it appears to the court that by such force, threat or
intimidation a person has been dispossessed of any real property, the court
may, if it thinks fit, order possession of that property to be restored to the
person so dispossessed.
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 s 130 CRIMINAL PROCEDURE ACT 1972

(2) An order under this Section, may be enforced by warrant addressed to a

police officer.
(3) No such order shall prejudice any right or interest to or in the real property
which a person may be able to establish in a civil suit or in proceedings
before the Nauru Lands Committee.

128 Procedure by police on seizure of property

(1) A report of any property or thing which has come into the possession of any
police officer in connection with any charge or offence or suspected
offence, the ownership of which property or thing is in doubt, shall be made
forthwith to the Resident Magistrate who shall make such order as he or she
thinks fit respecting the delivery of the property to the person entitled to the
possession thereof or, if such person cannot be ascertained, respecting the
custody and protection of the property.
(2) Where the identity of the person entitled to possession of the property is
known, the Resident Magistrate may order the property to be delivered to
him or her on such conditions, if any, as he or she thinks fit.
(3) The Resident Magistrate shall, on making an order under the provisions of
subsection (2), cause a notice to be served on the person entitled to
possession of the property informing him or her of the terms of the order
and requiring him or her to take delivery of the property within such period
from the date of the service of the notice, not being less than 48 hours, as
the Resident Magistrate may in such notice prescribe.
(4) Where the person entitled to possession of the property is unknown or
cannot be found, the Resident Magistrate shall direct that the property be
detained in police custody and it shall thereafter be dealt with in accordance
with the provisions of Section 28 of the Nauru Police Force Act 1972 as
though it were property which has come into the custody of the police other
than in connection with a criminal charge and the provisions of Section 31
of that Act shall apply to such property where appropriate.

129 Conviction of minor offence included in offence charged

(1) Where a person is charged with an offence consisting of several particulars,
one or a combination of some only of which constitutes another complete
offence, and that one particular, or such combination, is proved but the
remaining particulars are not proved, he or she may be convicted of that
other offence although he or she is not charged with it.
(2) Where a person is charged with an offence and facts are proved which
reduce it to a minor and cognate offence, he or she may be convicted of the
minor offence although he or she is not charged with it.
(3) In this subsection, a minor offence is one for which, upon conviction, a
lesser maximum sentence is provided by any written law.

130 Conviction of attempt

Where a person is charged with an offence, he or she may be convicted of
having attempted to commit that offence, although he or she is not charged with
the attempt.
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 LAWS OF THE REPUBLIC OF NAURU s 131

131 Conviction of killing unborn child on charge of murder, etc

[s 131 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

132 Conviction of procuring abortion on charge of killing unborn

child
[s 132 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

133 Conviction of concealment of birth on charge of murder, etc

[s 133 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

134 Conviction of careless or dangerous driving on charge of

manslaughter
[s 134 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

135 Conviction of cognate offence on charge of rape

[s 135 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

136 Conviction of unlawful carnal knowledge on charge of incest

[s 136 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

137 Conviction of cognate offence on charge of defilement of girl

under 17 years of age
[s 137 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

138 Conviction of cognate offence on charge of defilement of girl

under 13 years of age
[s 138 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

139 Conviction of cognate offence on charge of burglary, etc

[s 139 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

140 Conviction of receiving, retaining or obtaining by false

pretences on charge of stealing
[s 140 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

141 Conviction of stealing on charge of obtaining by a false

pretence
[s 141 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

142 Conviction of assault with intent to rob on charge of robbery

[s 142 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

143 Construction of Sections 129 to 142 inclusive

[s 143 rep Act 18 of 2016 s 287 and Sch 2 clause 63, opn 12 May 2016]

144 Persons charged with jointly receiving property may be

convicted on proof that property was received separately
Where any two or more persons are charged with jointly receiving or retaining
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 s 144D CRIMINAL PROCEDURE ACT 1972

any property knowing, or having reason to believe, the same to have been stolen
or unlawfully obtained, and it is proved that one or more of such persons
separately received or retained any part of such property, such of the persons
may be convicted as are proved to have received any part of such property.

144A Erroneous sentence or process or warrant

Where the sentence was passed, or the process was issued, by a court having
jurisdiction under any circumstances to pass such a sentence or to issue such
process, or if the warrant was issued by a court or justice or other person having
authority under any circumstances to issue such a warrant, it is immaterial
whether the court or justice or person had or had not authority to pass the
sentence or issue the process or warrant in the particular case; unless the person
executing the same knows that the sentence or process or warrant was in fact
passed or issued without authority.
[s 144A insrt Act 18 of 2016 s 287 and Sch 2 clause 12, opn 12 May 2016]

144B Sentence or process or warrant without jurisdiction

A person who executes or assists in executing any sentence, process, or warrant,
which purports to be passed or issued by a court, justice, or other person, and
who would be justified in executing the same if it had been passed or issued by
a court, justice, or person having authority to pass or issue it, is not criminally
responsible for any act done in such execution, notwithstanding that the court,
justice, or person, had no authority to pass the sentence or issue the process or
warrant, if in such execution he or she acted in good faith and in the belief that
the sentence, process, or warrant, was that of a court, justice, or other person,
having such authority.
[s 144B insrt Act 18 of 2016 s 287 and Sch 2 clause 14, opn 12 May 2016]

144C Arrest of wrong person

A person who, being duly authorised to execute a warrant to arrest one person,
arrests another person, believing in good faith and on reasonable grounds that
the person arrested is the person named in the warrant, is not criminally
responsible for doing so to any greater extent than if the person arrested had
been the person named in the warrant. A person who lawfully assists in making
such an arrest, believing that the person arrested is the person named in the
warrant, or who, being required by the warrant to receive and detain the person
named in it, receives and detains the person so arrested, is not criminally
responsible for doing so to any greater extent than if the person arrested had
been the person named in the warrant.
[s 144C insrt Act 18 of 2016 s 287 and Sch 2 clause 15, opn 12 May 2016]

144D Irregular process or warrant

Where any process or warrant is bad in law by reason of some defect in
substance or in form apparent on the face of it, a person who, in good faith and
believing that it is good in law, acts in the execution of the process or warrant,
is not criminally responsible for anything done in such execution to any greater
extent than if the process or warrant were good in law.
[s 144D insrt Act 18 of 2016 s 287 and Sch 2 clause 16, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU s 144E

144E Force used in executing process or in arrest

It is lawful for a person who is engaged in the lawful execution of any sentence,
process, or warrant, and for a person lawfully assisting him or her, to use such
force as may be reasonably necessary to overcome any force used in resisting
such execution.
[s 144E insrt Act 18 of 2016 s 287 and Sch 2 clause 19, opn 12 May 2016]

144F Duty of persons arresting

It is the duty of a person executing any process or warrant to have it with him
or her, and to produce it if required. It is the duty of a person arresting another,
whether with or without warrant, to give notice, if practicable, of the process or
warrant under which he or she is acting or of the cause of the arrest. A failure
to fulfil either of the aforesaid duties does not of itself make the execution of the
process or warrant or the arrest unlawful, but is relevant to the inquiry whether
the process or warrant might not have been executed or the arrest made by
reasonable means in a less forcible manner.
[s 144F insrt Act 18 of 2016 s 287 and Sch 2 clause 20, opn 12 May 2016]

144G Particulars
The court may, in any case, if it thinks fit, direct particulars to be delivered to
the accused person of any matter alleged in the information, and may adjourn
the trial for the purpose of such delivery.
[s 144G insrt Act 18 of 2016 s 287 and Sch 2 clause 24, opn 12 May 2016]

144H Conviction for attempt to commit offence

(1) Upon an information charging a person with procuring the commission of
any offence, he or she may be convicted of attempting to procure the
commission of that offence, or of attempting to procure the commission of
any other offence of such a nature that a person may be convicted of it upon
an information charging him or her with committing the offence of which
the accused person is alleged to have procured the commission.
(2) Upon an information charging a person with attempting to commit any
offence, he or she may be convicted of attempting to commit any other
offence of such a nature that a person may be convicted of it upon an
information charging him or her with committing the offence which the
accused person is alleged to have attempted to commit.
(3) Upon an information charging a person with attempting to procure another
to do an act or make an omission of such a nature that if the act had been
done or the omission had been made, an offence would thereby have been
committed he or she may be convicted of attempting to procure that other
person to do any other act or make any other omission of such a nature that
if the act had been done or the omission had been made an offence would
thereby have been committed, such last-mentioned offence being itself of
such a nature that a person may be convicted of it upon an information
charging him or her with doing the act or making the omission which the
accused person is alleged in the information to have attempted to procure
that other person to do or make.
[s 144H insrt Act 18 of 2016 s 287 and Sch 2 clause 27, opn 12 May 2016]

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 s 144M CRIMINAL PROCEDURE ACT 1972

144I Accomplices
A person cannot be convicted of an offence on the uncorroborated testimony of
an accomplice or accomplices.
[s 144I insrt Act 18 of 2016 s 287 and Sch 2 clause 37, opn 12 May 2016]

144J Evidence on trials for perjury and subornation

On the trial of a person charged with an offence of which the giving of false
testimony by a person at the trial of a person charged with an offence is an
element, a certificate setting out the substance and effect only, without the
formal parts, of the information or complaint, and the proceedings at the trial,
and purporting to be signed by the officer having the custody of the records of
the court where the information or complaint was tried, or by his or her deputy,
is sufficient evidence of the trial, without proof of the signature or official
character of the person who appears to have signed the certificate.
[s 144J insrt Act 18 of 2016 s 287 and Sch 2 clause 39, opn 12 May 2016]

144K Evidence on charges of offences against customs laws

On the trial of a person charged with any offence of which the fact that some
person was at some particular time a Customs officer, or was at some particular
time employed for the prevention of smuggling, is an element, the averment in
the indictment or complaint that a person therein mentioned was a Customs
officer, or was employed for the prevention of smuggling, at any time therein
stated is sufficient evidence of the fact, until the contrary is shown.
[s 144K insrt Act 18 of 2016 s 287 and Sch 2 clause 41, opn 12 May 2016]

144L Intention to defraud

On the trial of a person charged with any offence of which an intent to injure or
deceive or defraud, or an intent to enable another person to deceive or defraud,
is an element, it is not necessary to prove an intent to injure or deceive or
defraud any particular person, or an intent to enable any particular person to
deceive or defraud any particular person.
[s 144L insrt Act 18 of 2016 s 287 and Sch 2 clause 41, opn 12 May 2016]

144M Sentence
(1) Where a motion to arrest the judgment is not made or is dismissed, the
court may either pass sentence upon the offender forthwith or may
discharge him or her on his or her recognizance, as hereinbefore provided,
conditioned that he or she shall appear and receive judgment at some future
sittings of the court, or when called upon.
(2) Where the trial was had in a circuit court, the recognizance may, in the
discretion of the court, be conditioned to appear and receive judgment
before the Supreme Court at some fixed future time, or when called upon.
(3) Where sentence is not passed forthwith, any Judge of the court may at any
subsequent sitting of the court at which the offender is present pass

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 LAWS OF THE REPUBLIC OF NAURU s 144M

sentence upon him or her. The court may, before passing sentence, receive
such evidence as it thinks fit in order to inform itself as to the sentence
proper to be passed.
[s 144M insrt Act 18 of 2016 s 287 and Sch 2 clause 43, opn 12 May 2016]

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 PART 5 — MODE OF TAKING AND RECORDING EVIDENCE IN
INQUIRIES AND TRIALS
[Pt 5 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

145 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or
trial under this Act, shall be taken in the presence of the accused or, where his
or her personal attendance has been dispensed with, in the presence of his or her
legal practitioner if any:
Provided that nothing in this Section shall render it unlawful for any court to
take evidence in an inquiry or trial in the absence of the accused, if he or she has
by his or her misconduct in court prevented the taking of such evidence in his
or her presence.

146 Proof by written statement

(1) In any criminal proceedings, a written statement by a person shall, if such
of the conditions mentioned in subsection (2) as are applicable are satisfied,
be admissible as evidence to the like extent as oral evidence to the like
effect by that person.
[subs (1) am Act 20 of 2016 s 17, opn 12 May 2016]
(2) The conditions referred to in subsection (1) are:
(a) the statement purports to be signed by the person who made it;
(b) the person who made it cannot conveniently attend before the court at
the time when the court will take evidence in those proceedings;
(c) the statement contains a declaration by that person to the effect that it
is true to the best of his or her knowledge and belief and that he or she
made the statement knowing that, if it were tendered in evidence, he or
she would be liable to prosecution if he or she wilfully stated in it
anything which he or she knew to be false or did not believe to be true;
(d) before the trial at which the statement is tendered in evidence, a copy
of the statement is served, by or on behalf of the party proposing to
tender it, on each of the other parties to the proceedings; and
(e) none of the other parties, or their legal practitioners if any, within 7
days from the service of the copy of the statement, serves on the party
so proposing a notice objecting to the statement being tendered in
evidence under this Section:
Provided that the conditions mentioned in subsection (2)(b), (c), (d) and (e)
shall not apply if the parties agree before or during the hearing that the
statement shall be so tendered.
(3) The following provisions shall also have effect in relation to any written
statement tendered in evidence under this Section, that is to say:
(a) if the statement is made by a person under the age of 21, it shall give
his or her age;
(b) if it is made by a person who cannot read it, it shall be read to him or
her before he or she signs it and shall be accompanied by a declaration
by the person who so read the statement to the effect that it was so read;
(c) if it refers to any other document as an exhibit, the copy served on any
other party to the proceedings under subsection (2)(d) shall be
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 LAWS OF THE REPUBLIC OF NAURU s 146

accompanied by a copy of that document or by such information as

may be necessary in order to enable the party on whom it is served to
inspect that document or a copy thereof;
(d) if it is in any language other than the language of the court, it shall have
annexed to it a translation into that language made and certified by an
officer of either of the courts or by some other person authorised in
writing in that behalf by the Chief Justice; and
(e) if it is in a language which is not the mother tongue of the accused and
that person does not understand the English language and is not
represented by a legal practitioner, there shall be annexed to the copy
served on that accused a translation into the language which is his or
her mother tongue, or another language which he or she understands,
made and certified by an officer of either of the courts or by some other
person authorised in writing in that behalf by the Chief Justice.
(4) So much of any statement as is admitted in evidence by virtue of this
Section shall, unless the court otherwise directs, be read aloud at the
hearing and where the court so directs an account shall be given orally of
so much of any statement as is not read aloud.
(5) A document or an object referred to as an exhibit and identified in a written
statement tendered in evidence under this Section, shall be treated as if it
had been produced as an exhibit and identified in court by the maker of the
statement.
(6) A document required by this Section to be served on a person may be
served:
(a) by delivering it to him or her or to his or her legal practitioner;
(b) by addressing it to him or her and leaving it at his or her usual or last
known place of residence or place of business; or
(c) in the case of an incorporated company, corporation or other body
corporate, by serving it on the secretary, local manager or other
principal officer of the company, corporation or body or in such other
manner as the court may direct.

147 Proof by formal admission

(1) Subject to the provisions of this Section, any fact of which oral evidence
may be given in any criminal proceedings may be admitted for the purpose
of those proceedings by or on behalf of the prosecutor or accused and the
admission by any party of any such fact under this Section shall as against
that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this Section:
(a) may be made before or at the proceedings;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an accused who is a natural person, shall purport
to be signed by the person making it and, if so made by or on behalf of
an accused which is a body corporate, shall purport to be signed by a
director, manager, secretary or other officer of the body corporate;
(d) if made on behalf of an accused who is a natural person, shall be made
by his or her legal practitioner, if he or she is represented, and by
himself or herself if he or she is unrepresented; or
(e) if made at any stage before the trial by an accused who is a natural
person, shall be approved and countersigned by a legal practitioner
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 s 147A CRIMINAL PROCEDURE ACT 1972

representing him or her, whether at the time it was made or

subsequently, before or at the proceedings in question.
(3) An admission under this Section for the purpose of proceedings relating to
any matter shall be treated as an admission for the purpose of any
subsequent criminal proceedings relating to that matter including any
appeal or retrial.
(4) An admission under this Section may with the leave of the court be
withdrawn in the proceedings for the purpose of which it was made or any
subsequent criminal proceedings relating to the same matter.

147A General admissibility of hearsay statement

(1) A hearsay statement is admissible in any proceeding, where the
circumstance relating to the statement provides reasonable assurance of the
reliability of the statement and the:
(a) maker of the statement is unavailable to attend court to testify as a
witness; or
(b) court considers that undue expense and delay would be caused if the
maker of the statement is required to attend as a witness to testify in
court.
(2) For the purposes of this Section, ‘hearsay statement’ means a written
statement that:
(a) was made by a person other than a witness; and
(b) is offered in evidence at the proceeding to prove its contents.
(3) No hearsay statement may be offered in evidence by a party proposing to
rely on the hearsay statement unless:
(a) the party proposing to rely on the hearsay statement has given a notice
at least 14 days before the date fixed for trial to the other party of the
intention to rely on the statement;
(b) the other party may object to the tendering of such evidence by giving
a notice of objection to the party intending on relying on such
statement; or
(c) where there is an objection, the court shall have the residual discretion
to admit such statement.
(4) In this Section, ‘circumstance’, in relation to the statement by a person
who is not a witness, includes:
(a) the nature of the statement;
(b) the contents of the statement;
(c) the time of the making of the statement;
(d) the reasonable credibility of the statement; and
(e) any circumstance that relate to the accuracy of the observation of the
person.
(5) For the purposes of this Section, a person is unavailable as a witness to
attend court to testify in a proceeding, if he or she:
(a) is deceased;
(b) is outside the Republic and it is not reasonably practicable for him or
her to attend court as a witness or tender evidence in person or through
digital or electronic means including audio visual link;
(c) is certified by a health practitioner that the person is unfit to give
evidence due to age, physical or mental condition or impairment; or
(d) with reasonable diligence, cannot be traced.
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 LAWS OF THE REPUBLIC OF NAURU s 147A

(6) Subsection (1) shall not apply to a witness, whose unavailability is caused
or occasioned by the party, which is seeking to adduce such statement.
(7) The court shall have the residual discretion to give any weight to evidence
capable of being adduced under this Section.
[s 147A insrt Act 11 of 2020 s 6, opn 4 June 2020]

148 Notice of alibi

(1) On a trial in the Supreme Court the accused shall not without the leave of
the Court adduce evidence in support of an alibi unless, before the end of
the prescribed period, he or she gives notice of particulars of the alibi.
(2) Without prejudice to subsection (1), on any such trial the accused shall not
without the leave of the Court call any other person to give such evidence
unless:
(a) the notice under that subsection includes the name and address of the
witness or, if the name or address is not known to the accused at the
time he or she gives the notice, any information in his or her possession
which might be of material assistance in finding the witness;
(b) if the name or the address is not included in that notice, the Court is
satisfied that the accused, before giving the notice, took and thereafter
continued to take all reasonable steps to secure that the name or address
would be ascertained;
(c) if the name or the address is not included in that notice but the accused
subsequently discovers the name or address or receives other
information which might be of material assistance in finding the
witness, he or she forthwith gives notice of the name, address or other
information, as the case may be; and
(d) if the accused is notified by or on behalf of the prosecutor that the
witness has not been traced by the name or at the address given, he or
she forthwith gives notice of any such information which is then in his
or her possession or, on subsequently receiving any such information,
forthwith gives notice of it.
(3) The Court shall not refuse leave under this Section if it appears to the Court
that the accused was not informed by the District Court of the requirements
of this Section.
(4) Any evidence tendered to disprove an alibi may, subject to any directions
by the Court as to the time it is to be given, be given before or after
evidence is given in support of the alibi.
(5) Any notice purporting to be given under this Section on behalf of the
accused by his or her legal practitioner shall, unless the contrary is proved,
be deemed to be given with the authority of the accused.
(6) A notice under subsection (1) shall either be given in court in the District
Court during, or at the end of, the preliminary inquiry or be given in writing
to the prosecutor, or his or her legal practitioner, if any, and a notice under
subsection (2)(c) or (d) shall be given in writing to the prosecutor or his or
her legal practitioner, if any.
(7) A notice required by this Section to be given to the prosecutor or his or her
legal practitioner may be given by delivering it to him or her, or by leaving
it at his or her office.
(8) In this Section:
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 s 149 CRIMINAL PROCEDURE ACT 1972

‘evidence in support of an alibi’ means evidence tending to show that by

reason of the presence of the accused at a particular place or in a particular
area at a particular time he or she was not, or was unlikely to have been, at
the place where the offence is alleged to have been committed at the time
of its alleged commission;
‘the prescribed period’ means the period of 7 days from the date the
information is filed; and
‘the prosecutor’, where the information has been filed by a public
prosecutor, means the Director of Public Prosecutions.
[subs (8) am Act 20 of 2016 s 18, opn 12 May 2016]

149 Interpretation of evidence to accused

(1) Where any evidence is given in a language not understood by the accused
and he or she is present in person, it shall be interpreted to him or her in
open court in a language which he or she understands.
(2) Where documents are put in for the purpose of formal proof it shall be in
the discretion of the court to interpret to the accused as much thereof as
appears necessary.

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 LAWS OF THE REPUBLIC OF NAURU

[The next page is 281,861]

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 PART 5A — EVIDENCE BY AUDIO VISUAL LINK
[Pt 5A insrt Act 21 of 2020 s 4, opn 23 Oct 2020]

149A Testimony of witnesses in foreign jurisdiction

(1) A court shall have the jurisdiction to grant or make such orders as may be
necessary to allow a witness in a foreign jurisdiction to tender exhibits or
adduce other evidence or give such other testimony through audio visual
link without the need for him or her to attend court in the Republic.
(2) For the purposes of subsection (1), a party to a cause or matter may make
an application for consideration by the court.
(3) Where the court grants or makes an order under this Section, the witness:
(a) shall be able to identify or refer to any document, object or other
matters of evidence if shown to him or her during the course of the
trial; and
(b) may be examined in chief or cross examined by any other party or his
or her legal representative.
(4) The witness may tender exhibits or adduce evidence in the same manner
and form as he or she would have done had he or she attended court in the
Republic.
(5) The court shall give the same weight to any evidence adduced under this
Section in the same manner and form as it would have done had the
evidence was adduced had the witness attended court in the Republic.

149B Interpreter
(1) For the purposes of a trial, a person qualified to be appointed as an
interpreter may be appointed in any foreign jurisdiction to perform the
duties and functions of an interpreter for a cause or matter to be tried in the
Republic.
(2) An interpreter appointed under subsection (1), shall take oath or affirm,
before the trial magistrate, Judge or any judicial officer through audio
visual link prior to performing the duties and functions of an interpreter and
in the presence of the parties and their legal representatives.
(3) An interpreter may perform the duties and functions of an interpreter from
a foreign jurisdiction through an audio visual link.

149C Remand or serving prisoners

Where it may not be expedient to secure the attendance of a remand or serving
prisoner to attend any proceedings, the court may order the prisoner to
participate in such proceedings through audio visual link from the correctional
centre.

149D Failure of audio visual link

Where an audio visual link fails during a proceeding, the court may adjourn the
proceeding or make such other orders as may be appropriate.
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 LAWS OF THE REPUBLIC OF NAURU s 149E

149E Rules for the purposes of this Part

For the purposes of this Part, the Chief Justice may make rules under the Nauru
Court of Appeal Act 2018, Supreme Court Act 2018 or District Court Act 2018
as may be necessary, to ensure a fair and expeditious disposal of any criminal
cause or matter, where an interpreter or witness is unable to attend court in the
Republic for the hearing of that cause or matter.

[The next page is 282,061]

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 PART 6 — PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT
[Pt 6 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

150 Non-attendance of complainant at hearing

(1) Where in any case which the District Court has jurisdiction to hear and
determine the accused attends in obedience to the summons served upon
him or her at the time and place appointed in the summons for the hearing
of the case, or is brought before the court under arrest, then, if the
complainant, having had notice of the time and place appointed for the
hearing of the charge, does not attend, himself or herself or by his or her
legal practitioner, the court shall dismiss the charge, unless for some reason
it shall think it proper to adjourn the hearing of the case until some other
date upon such terms as it shall think fit, in which event it may, pending that
adjourned hearing, either admit the accused to bail or remand him or her to
prison, or take such security for his or her attendance as the court shall
think fit, or order him or her to attend without taking security.
(2) The expression “legal practitioner” in this Section and in Sections 153 and
155 shall in relation to a complainant be taken to include a public
prosecutor and a police officer appearing and conducting a prosecution in
pursuance of Section 48(3).

151 Court may proceed with hearing in absence of accused in

certain cases
(1) Notwithstanding the provisions of Section 145, if an accused who has sent
to the court a plea of guilty in writing or is charged with any offence for
which upon conviction the maximum sentence which can be imposed is a
fine not exceeding $200 or imprisonment, otherwise than in default of
payment of a fine, for a period not exceeding 6 months or both such fine
and imprisonment does not attend in the District Court at the time and place
appointed in and by the summons or by any bond for his or her attendance
that he or she may have entered into, and his or her personal attendance has
not been dispensed with under Section 61, the court may, on being satisfied
that the plea of guilty in writing is unequivocal or on proof of the proper
service of the summons a reasonable time before, or on production of the
bond, as the case may be, proceed to hear and determine the case in the
absence of the accused or may adjourn the case and issue a warrant for the
arrest of the accused in accordance with the provisions of Section 63.
(2) Notwithstanding the provisions of subsection (1), no person shall be tried in
his or her absence unless he or she has consented thereto:
Provided that, where a person has been served with a summons containing
a direction made under Section 61 for his or her personal attendance to be
dispensed with and the summons is endorsed with a notice that, if he or she
does not attend, he or she will be deemed to have consented to the trial
taking place in his or her absence, he or she shall be deemed to have so
consented.
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 LAWS OF THE REPUBLIC OF NAURU s 152

152 Attendance of both parties

Where at the time appointed for the hearing of the case both the complainant, by
himself or herself or by his or her legal practitioner if any, and the accused
person attend before the District Court or if the complainant attends in the
manner aforesaid and the personal attendance of the accused has been dispensed
with under Section 61, the court shall, subject to the provisions of Section 154,
proceed to hear the case.

153 Withdrawal of charge

(1) The prosecutor in any case which is before the District Court for trial may
with the consent of the court at any time before a final order is passed in
any case under this Part withdraw the charge.
(2) On any withdrawal as aforesaid:
(a) where the withdrawal is made after the accused person is called upon to
make his or her defence, the court shall acquit the accused; or
(b) where the withdrawal is made before the accused person is called upon
to make his or her defence, the court shall, subject to the provisions of
Sections 158 and 201, in its discretion make one or other of the
following orders:
(i) an order acquitting the accused; or
(ii) an order discharging the accused.
[subs (2) am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]
(3) An order discharging the accused under subsection (2)(b)(ii) shall not
operate as a bar to subsequent proceedings against the accused on account
of the same facts.

154 Adjournment in the District Court

(1) On the date fixed for the commencement or continuation of a trial, the
Resident Magistrate may not allow an adjournment to commence or
continue with the trial on the application of the prosecution, without any
good cause or reason.
(2) For the purposes of subsection (1), ‘good cause or reason’ may not include
multiple applications for adjournment under subsection (1) by the
prosecution.
(3) Where the Resident Magistrate is satisfied that good cause or reason is
shown for adjournment, he or she may adjourn the trial as he or she deems
appropriate.
(4) In adjourning a trial, the Resident Magistrate may:
(a) where the accused person is on bail, extend the bail with or without
varying the bail conditions;
(b) where the accused person is remanded, extend the period of remand or
where it is permissible, grant bail with or without any conditions;
(c) where the accused person is a serving prisoner, issue an order for the
prisoner to be brought to court at a later date; or
(d) make any other orders as he or she deems fit.
(5) Where an application for an adjournment by the prosecution, on the day
fixed for the commencement or continuation of a trial is dismissed, the
Resident Magistrate shall:
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 s 159 CRIMINAL PROCEDURE ACT 1972

(a) order the prosecution to proceed with the trial; and

(b) where the prosecution is unable to proceed with the trial, may order the
accused person be discharged or acquitted.
[s 154 subst Act 11 of 2020 s 7, opn 4 June 2020]

155 Non-attendance of parties after adjournment

(1) Where at the time and place to which the trial or further trial of any
criminal proceeding is adjourned by the District Court, the accused does
not attend before the court, and he or she has consented, personally or by
his or her legal practitioner if any, to the trial taking place in his or her
absence, the court may, in its discretion proceed with the trial or further
trial as if the accused were present, and if the complainant does not attend,
himself or herself or by his or her legal practitioner, the court may dismiss
the charge as the court shall think fit.
[Consequential amendment of s 118A insrt Act 40 of 2018 s 7, opn 18 Dec 2018]
(2) Where an accused who has not attended before the District Court at the
time and place to which the trial, or further trial, of any criminal proceeding
has been adjourned, has not consented to the trial taking place in his or her
absence or the court has in its discretion not proceeded with the trial or
further trial, the court may issue a warrant for his or her arrest and for him
or her to be brought before the court and shall further adjourn the trial or
further trial accordingly.

156 Conviction in absence of accused may be set aside

Where the District Court convicts any accused in his or her absence, it shall set
aside such conviction upon being satisfied that his or her absence was from
causes over which he or she had no control and that he or she had a probable
defence on the merits.

157 Commencement of sentence passed in absence of accused

A sentence passed on a person under Section 151 or Section 155 shall be
deemed to commence from the date of his or her arrest in execution of the
committal warrant, and the person making the arrest shall endorse the date
thereof on the back of the warrant.

158 Certain provisions relating to Supreme Court to apply to

District Court
The provisions of Sections 187, 189, 189A, 190, 191A, 192, 193, 194, 195, 198,
201, 202, 203, 204, 205, 206, 207, 210, 211 and 212 shall apply mutatis
mutandis to trials in the District Court as they do to trials in the Supreme Court.
[s 158 am Act 11 of 2020 s 8, opn 4 June 2020; Act 10 of 2021 s 4, opn 1 June 2021]

159 Limitation of time for summary trials in certain cases

Except where a longer time is specially allowed by any written law, no offence
for which upon conviction the maximum sentence which may be imposed is one
of imprisonment for a period not exceeding 6 months or a fine not exceeding
$200 or both, whether or not such sentence may be accompanied by any order
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 LAWS OF THE REPUBLIC OF NAURU s 159

of disqualification, shall be triable by any court, unless the charge or complaint

relating to it is laid within 6 months from the time when the subject-matter of
such charge or complaint arises.

160 Power to stop summary trial and transfer proceedings to the

Supreme Court
(1) Where before or at any stage of a trial by the District Court before the
accused is required to make a defence, it appears to the court that the case
is one which ought to be tried by the Supreme Court or if before the
commencement of the trial an application in that behalf is made by the
prosecutor or the accused that it shall be so tried, the District Court may, if
it thinks, not proceed with the trial but in lieu thereof transfer the
proceedings to the Supreme Court.
(2) No appeal shall lie from a decision of the District Court upon any
application made under this Section.
[s 160 subst Act 20 of 2016 s 19, opn 12 May 2016]

161 Committal to Supreme Court for sentence

(1) Notwithstanding the provisions of Sections 158, 190, 194 and 207 but
subject to the provisions of this Section, where an accused is tried by the
District Court and convicted of any offence and, on obtaining information
as to his or her character and antecedents, the District Court is of opinion
that they are such that a greater sentence should be imposed in respect of
the offence than it has power to impose, it may, in lieu of dealing with him
or her in any manner in which it has power to deal with him or her, commit
him or her in custody or on bail to the Supreme Court for sentence in
accordance with the following provisions of this Section.
(2) Where the accused is committed for sentence under this Section, the
following provisions shall have effect, that is to say:
(a) the Supreme Court shall examine a copy of the record of the
proceedings in the District Court and may itself inquire further into the
circumstances of the case other than the finding of guilt and it shall
have power to deal with the accused in any manner in which he or she
could have been dealt with if he or she had been convicted by the
Supreme Court;
(b) if dealt with by the Supreme Court, the accused shall have the same
right of appeal against his or her conviction, if any, as if he or she had
been convicted and sentenced by the District Court and shall have the
same, but no greater right of appeal, if any, against his or her sentence
as he or she would have had if he or she had been convicted and
sentenced by the Supreme Court; and
(c) the Supreme Court, after hearing a public prosecutor representing the
Republic if he or she desires to be heard, may, instead of dealing with
the accused under subsection (2)(a), remit him or her, in custody or on
bail, to the District Court for sentence and thereafter the accused shall
be dealt with by that court and shall have the same right of appeal, if
any, as he or she would have had if no such committal to the Supreme
Court had been made.
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 PART 7 — TRANSFER OF ACCUSED PERSONS TO THE SUPREME COURT
FOR TRIAL
[Pt 7 heading subst Act 20 of 2016 s 20, opn 12 May 2016; renum Act 21 of 2020 s 5, opn 23 Oct
2020]

162 District Court to transfer charges and proceedings to the

Supreme Court
(1) Where any charge has been brought against a person of an offence not
triable by the District Court or as to which the District Court is of the
opinion that it ought to be tried by the Supreme Court, the District Court
may transfer the charge and proceedings to the Supreme Court.
(2) An accused person may not be subject to a preliminary inquiry or to
committal proceedings prior to the transfer of that person’s case and
proceedings to the Supreme Court.
[s 162 subst Act 27 of 2016 s 4, opn 9 June 2016]

163 Charge to be read over to accused

[s 163 rep Act 20 of 2016 s 21, opn 12 May 2016]

164 Depositions
[s 164 rep Act 20 of 2016 s 21, opn 12 May 2016]

165 Variance between evidence and charge

[s 165 rep Act 20 of 2016 s 21, opn 12 May 2016]

166 Written statements before the District Court

[s 166 rep Act 20 of 2016 s 21, opn 12 May 2016]

167 Adjournment
[s 167 rep Act 20 of 2016 s 21, opn 12 May 2016]

168 Provisions as to taking statement or evidence of accused

person
[s 168 rep Act 20 of 2016 s 21, opn 12 May 2016]

169 Evidence and address in defence

[s 169 rep Act 20 of 2016 s 21, opn 12 May 2016]

170 Committal for trial

[s 170 rep Act 20 of 2016 s 21, opn 12 May 2016]

171 Discharge of accused

[s 171 rep Act 20 of 2016 s 21, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU s 172

172 Power to apply to Supreme Court for committal in certain

cases where accused person discharged
[s 172 rep Act 20 of 2016 s 21, opn 12 May 2016]

173 Summary adjudication

[s 173 rep Act 20 of 2016 s 21, opn 12 May 2016]

174 Accused entitled to copy of depositions

[s 174 rep Act 20 of 2016 s 21, opn 12 May 2016]

175 Taking the depositions of persons dangerously ill

[s 175 rep Act 20 of 2016 s 21, opn 12 May 2016]

176 Disclosure and notice to be given

(1) The prosecution shall provide the disclosure documents, witness
statements, expert reports, photographs and other disclosure documents to
the accused person as soon as practicable after the accused person is
charged and appears in court in the first instance.
(2) The prosecutor shall, 14 days before the trial commences, notify and
provide to the accused person or his or her legal representative:
(a) a list of names and number of witnesses in subsection (1), that the
prosecution will require to testify in the trial; and
(b) a list of names and number of witnesses in subsection (1), that the
prosecution will not require to testify in the trial.
(3) The prosecution may be permitted to tender as exhibits in a trial an expert
report, forensic accounts, photographs, maps or plans drawn by surveyors,
electronically or digitally stored or transmitted data or record and such
other professional reports without requiring the maker of such report,
photographer or the keeper of the records to personally appear in court to
testify, provided:
(a) a notice in the prescribed form is served to the accused person or his or
her legal representative 21 days before the date fixed for the trial; and
(b) the accused person or his or her legal representative did not issue a
notice in the prescribed form to the prosecution requiring one or more
of the persons to be available for cross-examination 14 days before the
commencement or continuation of the trial.
(4) The evidence intended to be tendered in subsection (3), shall be for the
purposes of establishing:
(a) the existence of such evidence; and
(b) the contents of such evidence,
but the weight of such evidence shall be in the residual discretion of the
court.
(5) Notwithstanding subsection (3), the court has the discretion to allow
admission of any evidence as it deems fit.
[s 176 insrt Act 11 of 2020 s 9, opn 4 June 2020]

177 Transmission of statements

[s 177 rep Act 20 of 2016 s 21, opn 12 May 2016]

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 s 182 CRIMINAL PROCEDURE ACT 1972

178 Use of statement in evidence

[s 178 rep Act 20 of 2016 s 21, opn 12 May 2016]

179 Transmission of records to Supreme Court and Director of

Public Prosecutions
In the event of a transfer for trial or sentencing in the Supreme Court, the
charge, the depositions, the statement of the accused person, the recognizances
of bail, if any, and any documents, matters or things which would assist the trial
or sentencing in the Supreme Court, shall be transmitted without delay by the
Deputy Registrar to the Registrar and a copy of the depositions and statements
certified by Registrar shall be supplied to the Director of Public Prosecutions by
the Registrar.
[s 179 subst Act 20 of 2016 s 22, opn 12 May 2016]

180 Filing of an information

(1) After the receipt of the certified copy of the depositions and statements, the
Director of Public Prosecutions shall, unless he or she enters a nolle
prosequi, draw up and sign an information in accordance with the
provisions of this Act and file it in the registry of the Supreme Court.
(2) In any information under this Section, the Director of Public Prosecutions
may charge the accused with any offence which, in his or her opinion, is
disclosed by the depositions either in addition to, or in substitution for, the
offence upon which the accused has been committed for trial.

181 Return of depositions for trial in the District Court

(1) Where, after an information has been filed and prior to the trial, a Judge is
of the opinion, upon perusing the depositions, statements and exhibits, that
the case is one which is within the jurisdiction of, and may suitably be tried
in, the District Court, he or she may, of his or her own motion or upon the
application of any party, cause the depositions, statements and exhibits to
be returned to that court and the information to the Director of Public
Prosecutions and order that the accused be tried in the District Court:
Provided that no order may be made under the provisions of this subsection
until the Director of Public Prosecutions and the accused or his or her legal
practitioner, if any, have been afforded an opportunity by the judge to state
to him or her orally or in writing any reasons why such an order should not
be made.
(2) Where an order is made under subsection (1), the District Court shall
forthwith take such steps as may be necessary in accordance with the
provisions of this Act to compel the accused to attend before it and shall try
him or her as directed:
And provided further that, where an accused has been admitted to bail to
await his or her trial, he or she shall be deemed to have been bound thereby
to attend before the District Court.
[subs (2) am Act 20 of 2016 s 23, opn 12 May 2016]

182 Notice of trial

Where an information has been filed in the registry of the Supreme Court, the
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 LAWS OF THE REPUBLIC OF NAURU s 182

Registrar shall, unless a Judge makes an order under Section 181(1) for the
depositions, statements and exhibits to be returned to the District Court:
(a) endorse on, or annex to, every information filed as aforesaid, and every
copy thereof delivered to the police officer for its service, a notice of trial,
which notice shall specify the particular sitting of the Supreme Court at
which the accused is to be tried on that information and shall be in the
following form:
“A.B.
Take notice that you will be tried on the information whereof this is a true
copy at the sitting of the Supreme Court to be held at on [date].”; and

(b) deliver or cause to be delivered to the police officer serving the information
a copy thereof with the notice of trial endorsed thereon or annexed thereto
and, if there are more accused committed for trial than one, then as many
copies as there are such accused;
and the police officer to whom a copy of the information is so delivered
shall, as soon as possible after having received it and not less than 3 days
before the day specified in the notice of trial as the date of the trial, by
himself or herself or some other officer, deliver to every accused named in
the information a copy of the information and notice and explain to him or
her the nature thereof and where any accused has been admitted to bail and
cannot readily be found, he or she shall leave a copy of the information and
notice of trial with an adult person normally residing in the same
dwelling-house as the accused for him or her and, if none such can be
found, shall affix the copy and notice to the outer or principal door of the
dwelling-house of the accused:
Provided always that nothing herein contained shall prevent a person
committed for trial and present in court at the opening of or during any
sitting of the Supreme Court from being tried thereat, if he or she shall
consent to be so tried and no objection is made thereto on the part of the
Director of Public Prosecutions.
[s 182 am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]

183 Return of service

An officer serving a copy of an information and the notice of trial shall forthwith
make to the Registrar a return of the mode of service thereof and the provisions
of Section 60 shall apply mutatis mutandis to proof of the service.

184 Postponement of trial

It shall be lawful for the Supreme Court or a Judge upon the application of the
prosecutor or the accused, if the court considers that there is sufficient cause for
the delay, to postpone the trial of any accused person to any subsequent sitting
of the court.

185 Information by Director of Public Prosecutions

All information drawn up in pursuance of Section 180 shall be in the name of
and, subject to the provisions of Section 47, signed by the Director of Public
Prosecutions.
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 s 186B CRIMINAL PROCEDURE ACT 1972

186 Form of information

Every information shall bear the date of the day when it is signed and, with such
modifications as shall be necessary to adapt it to the circumstances of each case,
shall be in the form prescribed in the Schedule.

186A Right to be tried

(1) A person committed for trial before any court for any indictable offence,
may make an application in open court at any time during the first sitting
of the court held after his or her committal to be brought to his or her trial.
(2) Where an information is not presented against him or her at some time
during those sittings, the court may, upon motion made on his or her behalf
on the last day of such sittings, admit him or her to bail, and is required so
to do, unless it appears upon oath that some material evidence for the
prosecution could not be produced at those sittings.
(3) A person committed as aforesaid, who has made such an application to be
brought to his or her trial, and who is not brought to trial at the second
sitting after his or her committal for trial, is entitled to be discharged.
[s 186A insrt Act 18 of 2016 s 287 and Sch 2 clause 30, opn 12 May 2016]

186B On adjournment of trial accused may be remanded to another

court having jurisdiction
Where the trial of a person charged with an offence on information is adjourned,
the court may direct the trial to be held either at a later sitting of the same court
or before some other court of competent jurisdiction, and may remand the
accused person accordingly, and may, in a proper case, admit him or her to bail,
or enlarge his or her bail if he or she has already been admitted to bail, and may
enlarge the recognizances of the witnesses. In any such case, the information
and other proceedings are to be transmitted to the proper officer of the court to
which the accused person is so remanded, and that court has the same
jurisdiction to try him or her as if he or she had been originally committed to be
tried before it and the accused person is bound to attend to be tried, and the
witnesses are bound to attend to give evidence, at the time and place to which
the trial is adjourned, without entering into any fresh recognizances for that
purpose, in the same manner as if they had respectively been originally bound
by their recognizances to appear and to attend and give evidence at the time and
place to which the trial is adjourned.
[s 186B insrt Act 18 of 2016 s 287 and Sch 2 clause 32, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU

[The next page is 282,461]

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 PART 8 — PROCEDURE IN TRIALS BEFORE THE SUPREME COURT
[Pt 8 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

187 Practice of Supreme Court in its criminal jurisdiction

Subject to the express provisions of this Act, the practice of the Supreme Court
in its criminal jurisdiction shall be such as the Court directs.

188 Trials before Supreme Court to be by a Judge alone

Trials before the Supreme Court shall be by a Judge alone.

189 Accused absent

Where on the day and at the time set for the trial of any information the accused
is not present in Court, the Court shall adjourn the trial and may, unless the
accused is in lawful custody, issue a warrant for him or her to be arrested and
brought before the Court:
Provided that where the information charges more than one person and one or
more of those persons is present in Court, the Court may, in its discretion, either
adjourn the trial of all the accused or proceed with the trial of those of them who
are present and order that the accused who is absent be tried separately.

189A Accused avoiding trial

Where:
(a) an accused person on multiple occasions, fails to attend Court on the day
fixed for the trial, without any reasonable excuse; and
(b) as a consequence, the Court adjourns the trial,
the Court may remand the accused person to ensure his or her attendance for the
trial until such time it is necessary or the final determination of the cause or
matter.
[s 189A insrt Act 11 of 2020 s 10, opn 4 June 2020]

190 Accused to be called upon to plead

(1) Where the accused is present in Court, the substance of the information
shall be stated to him or her by the Court and he or she shall be asked
whether he or she admits or denies the truth of the information.
(2) Where the accused admits the truth of the information, his or her admission
shall be recorded as nearly as possible in the words used by him or her or
in an English translation of those words and the prosecutor shall then state
the details of the offence alleged.
(3) Where the accused admits the truth of the details of the offence stated by
the prosecutor and they constitute the offence charged, the Court shall
record a finding that he or she is guilty of that offence and if he or she
denies the truth of any of those details, the Court shall record that he or she
has pleaded “not guilty”.
(4) Where the Court has recorded a finding under this Section that an accused
is guilty of the offence charged, it shall, after hearing him or her, or his or
her legal practitioner if any, as to any mitigating circumstnaces and any
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 LAWS OF THE REPUBLIC OF NAURU s 190

evidence thereof which may be advanced, either convict him or her and
pass sentence on, or make an order against, him or her in accordance with
the law or, if authorised by any written law to do so, discharge him or her
without proceeding to conviction.
(5) Where the accused does not admit the truth of the information, the Court
shall record a plea of “not guilty” and proceed to hear the case as
hereinafter provided in this Part.
(6) Where the accused refuses to plead, the Court shall record that fact and he
or she shall be deemed not to admit the truth of the information and to have
pleaded “not guilty”.
(7) Where a company, corporation or body corporate is charged upon an
information with any offence, it may enter a plea by its representative and
if either the company, corporation or body corporate does not attend by
representative or, though it does so attend, fails to enter any plea, the Court
shall record this fact and the company, corporation or body corporate shall
be deemed to have entered a plea of “not guilty”.
(8) A representative for the purposes of this Section need not be appointed
under the seal of the company, corporation or body corporate and a
statement in writing purporting to be signed by a director, manager,
secretary or other principal officer of the company, corporation or body
corporate, or by a person, by whatsoever name called, having, or being one
of the persons having, the management of its affairs, to the effect that the
person named in the statement has been appointed as the representative of
the company, corporation or body corporate for the purposes of this Section
shall be admissible without, further proof as prima facie evidence that that
person has been so appointed.

190A Motion to quash information

The accused person may before pleading apply to the Court to quash the
information on the ground that it is calculated to prejudice or embarrass him or
her in his or her defence to the charge, or that it is formally defective.
Upon such motion, the Court may quash the information or may order it to be
amended in such manner as the Court thinks just, or may refuse the motion.
[s 190A insrt Act 18 of 2016 s 287 and Sch 2 clause 34, opn 12 May 2016]

191 Orders for amendment of information, separate trial, and

adjournment of trial
[s 191 rep Act 11 of 2020 s 11, opn 4 June 2020]

191A Amendment of information, adjournment of trial and separate

trial
(1) The prosecution may apply to the Court to amend an information at any
time before the close of the prosecution’s case.
(2) An application under subsection (1), may be made orally or in writing and
stating the particulars of the proposed amendment.
(3) In considering an application under subsection (1), the Court may:
(a) grant the application;
(b) dismiss the application;
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 s 193 CRIMINAL PROCEDURE ACT 1972

(c) after granting the application, adjourn the proceedings for such time as
it deems appropriate for the accused person to prepare his or her
defence; or
(d) make such other orders as the Court deems necessary.
(4) Where the Court orders for an information to be amended:
(a) the amended information shall be read to the accused person; and
(b) the accused person shall plead to the amended information.
(5) Where the Court grants the amendment, the accused person or his or her
legal representative may apply to the Court for an adjournment to allow the
accused person to prepare his or her defence.
(6) Where the original or amended information contains more than one count,
on an application by the prosecution or accused person, the Court may
order that any count be tried separately if the Court deems that:
(a) an accused person may be prejudiced because he or she is charged with
more than one count in such information; or
(b) a trial with another accused person will prejudice the fair trial of the
accused person.
(7) Where an order for a separate trial is made under subsection (6), the
procedure shall be the same as if the count had been set out in a separate
information.
[s 191A insrt Act 10 of 2021 s 5, opn 1 June 2021]

192 Quashing of information

Where any information does not state, and cannot by any alteration authorised
by the Section 191A be made to state, any offence, it shall be quashed and the
accused shall be discharged.

193 Procedure in case of previous convictions

Where an information contains a count charging an accused person with having
been previously convicted of any offence, the procedure shall, subject to Section
106(e)(ii) and (iii), be as follows:
(a) the part of the information alleging the previous conviction shall not be
read out in Court nor shall the accused be asked whether he or she has been
previously convicted as alleged in the information, unless and until he or
she has either pleaded guilty to or been convicted of the subsequent
offence;
(b) if he or she pleads guilty to or is convicted of the subsequent offence, he or
she shall then be asked whether he or she has been previously convicted as
alleged in the information; and
(c) if he or she answers that he or she has been previously so convicted, the
Court may proceed to pass sentence on him or her accordingly but, if he or
she denies that he or she has been previously so convicted or refuses to, or
does not, answer such question, the Court and the assessors shall then hear
evidence concerning that alleged previous conviction:
Provided, however, that, if upon the trial for the subsequent offence evidence of
the previous offence is given pursuant to Section 106(e)(ii) or (iii) before a
finding is made in respect of the subsequent offence, the Court shall decide the
issue concerning the previous conviction at the same time that it decides the
issues concerning the subsequent offence.
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 LAWS OF THE REPUBLIC OF NAURU s 194

194 Plea of guilty to other offence

Where an accused is tried upon an information for any offence and can lawfully
be convicted on the trial of that information of some other offence not charged
in that information, he or she may plead “not guilty” of the offence charged in
the information but guilty of any such other offence and Section 190(2), (3) and
(4) shall apply mutatis mutandis and, if the prosecutor consents, the Court may
find the accused guilty of that other offence and, if the Court does so, it shall
acquit him or her of the offence charged.

195 Proceedings after plea of “not guilty”

Where the accused pleads “not guilty”, or if a plea of “not guilty” is recorded in
accordance with the provisions of Section 190, the Court shall proceed to try the
case. The prosecutor or the legal practitioner conducting the prosecution, shall
present the case against the accused and shall call witnesses and adduce
evidence in support of the information:
Provided that, if both the prosecutor and the accused, or their respective legal
practitioners on their behalf, consent thereto, the Court may proceed to try the
case in respect of some only of the offences charged in the information and defer
trying the case in respect of the other offences until after the completion of the
trial of the first-mentioned offences.

196 Adjournment in the Supreme Court

(1) On the date fixed for the commencement or continuation of a trial, a Judge
may not allow an adjournment to commence or continue with the trial on
the application of the prosecution, without any good cause or reason.
(2) For the purposes of subsection (1), ‘good cause or reason’ may not include
multiple applications for adjournment under subsection (1) by the
prosecution.
(3) Where the Judge is satisfied that good cause or reason is shown for
adjournment, he or she may adjourn the trial as he or she deems
appropriate.
(4) In adjourning a trial, the Judge may:
(a) where the accused person is on bail, extend the bail with or without
varying the bail conditions;
(b) where the accused person is remanded, extend the period of remand or
where it is permissible, grant bail with or without any conditions;
(c) where the accused person is a serving prisoner, issue an order for the
prisoner to be brought to Court at a later date; or
(d) make any other orders as he or she deems fit.
(5) Where an application for an adjournment by the prosecution, on the day
fixed for the commencement or continuation of a trial is dismissed, the
Judge shall:
(a) order the prosecution to proceed with the trial; or
(b) where the prosecution is unable to proceed with the trial, may order the
accused person be discharged or acquitted.
[s 196 subst Act 11 of 2020 s 12, opn 4 June 2020]

197 Additional witnesses for prosecution

(1) No witness whose evidence or written statement has not been received at
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 s 199 CRIMINAL PROCEDURE ACT 1972

the preliminary inquiry shall be called by the prosecution at any trial, unless
the accused or, if he or she is represented, his or her legal practitioner has
received reasonable notice in writing of the intention to call that witness or
the prosecutor has sought to tender in evidence under Section 146, his or
her written statement and the accused, or his or her legal practitioner if any,
has served on him or her a notice objecting to the statement being tendered
in evidence under that Section.
(2) A notice under this Section of the intention to call a witness shall state his
or her name and address and the substance of the evidence which it is
believed that he or she will give. The Court shall determine whether the
length of notice given was reasonable, regard being had to the time when
and the circumstances under which the prosecution became acquainted with
the nature of the evidence which the witness could give and determined to
call him or her as a witness.
(3) Nothing in this Section shall affect the admission of evidence lawfully
tendered at the trial under Section 146.

198 Cross-examination of witnesses for the prosecution

The witnesses called for the prosecution shall be subject to cross-examination
by the accused, or his or her legal practitioner if any, and to re-examination by
the prosecutor or the legal practitioner conducting the prosecution, if the
accused is not represented by a legal practitioner, the Court shall, at the close of
the examination-in-chief of every such witness, ask the accused whether he or
she wishes to put any questions to that witness and shall record his or her
answer.

199 Depositions may be read as evidence in certain cases

The statements of a person may, if the conditions hereinafter set out are
satisfied, without further proof be read as evidence at the trial of the person who
was charged with that offence, whether at the trial he or she is charged with that
offence or with any other offence disclosed by the statements. The conditions
hereinbefore referred to are the following:
(a) the statements shall be either:
(i) the statements of a witness who is proved at the trial to the satisfaction
of the Judge to be absent from the Republic or dead or insane, or so ill
as not to be able to give evidence at the trial, or to be kept out of the
way by means of the procurement of the accused or on his or her behalf,
or to be unable to attend for any other sufficient cause; or
(ii) statements which both the prosecutor, or the legal practitioner, if any,
conducting the prosecution, and the accused, or his or her legal
practitioner if any, consent to being read as evidence; and
(b) the statements shall purport to be certified by the magistrate who
transferred the matter to the Supreme Court:
Provided that the provisions of this Section shall not have effect in any case
in which it is proved that the statements was not in fact certified by the
magistrate by whom it purports to have been certified.
[s 199 am Act 20 of 2016 s 24, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU s 200

200 Evidence or statement of accused at preliminary inquiry

[s 200 rep Act 20 of 2016 s 25, opn 12 May 2016]

201 Close of case for prosecution

Where the evidence of the witnesses for the prosecution has been concluded and
any written statements and depositions properly tendered in support of the
prosecution case have been admitted, and the evidence or statement, if any, of
the accused taken in the preliminary inquiry has, if the prosecutor wishes to
tender it, been tendered in evidence, the court:
(a) if it considers that, after hearing, if necessary, any arguments which the
prosecutor or the legal practitioner conducting the prosecution and the
accused, or his or her legal practitioner if any, may wish to submit, that a
case is not made out against the accused, or anyone of several accused,
sufficiently to require him or her to make a defence in respect of the whole
information or any count thereof, shall dismiss the case in respect of, and
acquit that accused as to, the whole of the information or that count, as the
case may be; but
(b) if it considers that a case is made out against the accused or any one or
more of several accused in respect of any offence charged or any other
offence of which he or she may lawfully be convicted on the trial of that
offence, shall inform every such accused of his or her right to address the
court, either personally or by his or her legal practitioner, if any, and to give
evidence on his or her own behalf or to make an unsworn statement, or to
refrain from doing either of these things and to call witnesses, or tender
statements under Section 146, in his or her defence; and in all cases the
court shall require him or her, or his or her legal practitioner if any, to state
whether he or she intends to call any witnesses as to fact other than the
accused himself or herself. If the accused says that he or she does not
intend to give evidence or make an unsworn statement or to adduce
evidence, then the prosecutor, or the legal practitioner conducting the
prosecution, may sum up the case against him or her. If the accused says
that he or she intends to give evidence or make an unsworn statement, or to
adduce evidence, the court shall call upon him or her to enter upon his or
her defence.

202 The defence

The accused, or his or her legal practitioner if any, may open his or her case,
suiting the facts or law on which he or she intends to rely and making such
comments as he or she thinks necessary on the evidence for the prosecution. The
accused may then give evidence or make an unsworn statement on his or her
own behalf and he or she, or his or her legal practitioner if any, may examine his
or her witnesses, if any, and after their cross-examination, re-examine them, and
may tender written statements in accordance with Section 146. At the close of
the accused’s case, he or she or his or her legal practitioner if any, may sum up
his or her case.

203 Additional witnesses for the defence

The accused shall, subject to the provisions of Section 148, be allowed to call
any witness in attendance who can give relevant evidence, whether or not that
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 s 207 CRIMINAL PROCEDURE ACT 1972

witness gave evidence at the preliminary inquiry. If he or she apprehends that a

person whom he or she wishes to call as a witness will not attend the trial
voluntarily, he or she shall be entitled to apply for the issue of process to compel
his or her attendance:
Provided that no accused shall be entitled to any adjournment to secure the
attendance of any witness unless he or she shows that he or she could not have
taken earlier steps to obtain, or by reasonable diligence have obtained, the
presence of the witness.

204 Evidence in reply

Where evidence is adduced by the accused, or by his or her legal practitioner, in
his or her defence introducing new matter which the prosecutor, or the legal
practitioner conducting the prosecution, could not reasonably have foreseen, the
court may allow the prosecutor, or the legal practitioner conducting the
prosecution, to adduce evidence in reply to rebut that evidence.

205 Closing addresses where accused adduces no evidence

Where no evidence is adduced by or on behalf of any accused and the court
considers that there is evidence that he or she committed any offence charged in
the information or any other offence of which he or she can lawfully be
convicted on the trial of that offence, the prosecutor, or the legal practitioner
conducting the prosecution, shall be entitled to sum up the case against that
accused immediately all the evidence in the case has been given and the
accused, personally or by his or her legal practitioner if any, shall then be
entitled to address the Court on his or her own behalf.

206 Closing addresses where accused adduces evidence

Where any accused, or his or her legal practitioner if any, adduces any evidence,
other than evidence given by the accused person himself or herself, he or she, or
his or her legal practitioner if any, shall be entitled to sum up the case for the
defence immediately after all the evidence in the case has been given and the
prosecutor, or the legal practitioner conducting the prosecution, shall be entitled
to reply and to sum up the case against that accused.

207 The judgment

The Court, having received all the evidence adduced by the parties and any
other evidence properly admitted and having heard the addresses, if any, of the
parties or their legal practitioners, shall, in respect of every offence charged in
the information, either:
(a) find the accused guilty of that offence, or of any other offence of which he
or she can lawfully be convicted on the information, and, after making such
inquiry as it thinks fit as to the accused’s character and after hearing the
accused or his or her legal practitioner, if any, as to any mitigating
circumstances, and any evidence thereof which may be adduced, either
convict him or her and pass sentence on, or make an order against him or
her in accordance with the law or, if authorised to do under any writeen law,
discharge him or her without proceeding to conviction; or
(b) find him or her not guilty and acquit him or her:
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 LAWS OF THE REPUBLIC OF NAURU s 207

Provided that, where, with the consent of the prosecutor and the accused or
of their respective legal practitioners on their behalf, only some of the
offences charged in an information have been tried, the provisions of this
Section shall apply in respect of those offences only.

208 Power to reserve decision on question raised at trial

The Supreme Court may reserve the giving of its final decision on any question
raised at the trial of a person for any offence and its decision whenever given
shall be deemed to have been given during the sittings in which the trial was
held.

209 Power to reserve decision on question arising in the course of

trial
(1) Where a person has, in a trial before the Supreme Court, been convicted of
an offence, the Judge may reserve for further consideration any question
which has arisen in the course of the trial and the determination of which
would affect the event of the trial.
(2) Where the Judge reserves any such question, the person convicted shall,
pending the decision thereon, be remanded to prison or, if the Judge thinks
fit, be admitted to bail and upon such further consideration of the question
so reserved the Judge may affirm or quash the conviction and shall be
deemed to have done so during the sittings in which the trial was held.

210 Objections cured by verdict

No judgment shall be stayed or reserved on the ground of any objection which
if made after the information was read over to the accused, or during the trial,
might have been cured by the Court, nor for any informality in swearing the
witnesses or any of them.

211 Evidence, etc, admissible after finding of guilt

(1) Where the Court has found any accused guilty, it may, before or after
conviction, receive such evidence as it thinks fit, in order to inform itself as
to the sentence or order most appropriate to the case.
(2) Where the Court has found any accused guilty of any offence, it may, if it
thinks fit, with his or her consent and the consent of the prosecutor take into
consideration in deciding what sentence or order is most appropriate in the
case any other untried offence of a like character which the accused admits
having committed and, where the accused is convicted of several offences,
the Court shall note on the record of the proceedings the count in respect of
which any such untried offence is taken into account.
(3) Where under subsection (2), any untried offence has been taken into
account by the Court:
(a) the accused shall not be liable to be tried or punished thereafter in any
proceedings for that offence or for any other offence constituted
entirely by all or any of the facts constituting that offence:
Provided that, where on appeal the accused’s conviction for the offence
in respect of which the untried offence has been taken into account is
quashed, he or she shall be liable to be tried for that untried offence but
evidence of his or her admission of that offence to the Court, or to a
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 s 212A CRIMINAL PROCEDURE ACT 1972

person with a view to his or her admitting it in order that it might be

taken into account in those proceedings, shall not be admissible except
at the request, or with the consent, of the accused; and
(b) for the purpose of Sections 125 and 127, the accused shall be deemed
to have been convicted of that untried offence.

212 Drawing up of conviction, sentence or order

(1) A conviction, sentence or order under Section 190, Section 194 or
Section 207 shall, if required, be afterwards drawn up and shall be certified
by the Registrar.
(2) A copy of a conviction, sentence of order under Section 190, Section 194
or Section 207 purporting to be certified by the Registrar may be tendered
as evidence in any proceedings in which it is relevant and shall prima facie
be proof of that conviction, sentence or order.

212A Incapacity of Judge

This Section applies if the presiding Judge becomes incapable of proceeding
with the trial.
In any such case the accused person shall remain in custody, and may be again
put on his or her trial. But he or she has the same rights with respect to
admission to bail as upon an original committal for trial for the offence with
which he or she is charged, and any justice may, in a proper case, admit him or
her to bail accordingly.
[s 212A insrt Act 18 of 2016 s 287 and Sch 2 clause 36, opn 12 May 2016]

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 LAWS OF THE REPUBLIC OF NAURU

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 PART 9 — SUPPLEMENTARY PROVISIONS
[Pt 9 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

213 Power to issue directions of the nature of habeas corpus

(1) The Supreme Court may, where it thinks fit, direct:
(a) that a person within the Republic be brought before the Court to be
dealt with according to law;
(b) that a person illegally or improperly detained in public or private
custody within the Republic be set at liberty; and
(c) that any prisoner detained in any prison be brought before any court to
be there examined as a witness in any matter pending or to be inquired
into in that court.
(2) The Chief Justice may from time to time make rules to regulate the
procedure in cases under this Section.

214 Power of the Supreme Court to issue writs

(1) The Supreme Court may in the exercise of its criminal jurisdiction issue
any writ which may in similar circumstances for the time being be issued
by the Crown Court in England.
(2) The Chief Justice may from time to time make rules to regulate the
procedure in cases under this Section.

215 Persons before whom affidavits may be sworn

Affidavits and affirmations to be used before the Supreme Court in proceedings
under this Act may be sworn and affirmed before a Judge, a magistrate, the
Registrar or any of his or her deputies or any Commissioner for Oaths.

216 Copies of proceedings

Where a person affected by any judgment or order passed or made in any
proceedings under this Act, desires to have a copy of the judgment or order or
of any deposition or other part of the record, he or she shall on applying for the
copy be furnished therewith provided he or she pays the prescribed fee, unless
a Judge, a magistrate or the Registrar for some special reason thinks fit to direct
that it be furnished free of cost.

217 Forms
Such forms as the Chief Justice may, from time to time prescribe by rules, with
such variation as the circumstances of each case may require, may be used for
the respective purposes therein mentioned and, if used, shall be sufficient. In the
absence of such rules or of provisions for any form in such rules as are made,
the forms in use at the commencement of this Act may continue to be used until
other provision is made by such rules.

218 Expenses of witnesses, etc

Subject to any rules which may be made by the Chief Justice, any court may
order payment by the Government of the reasonable expenses of any
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 LAWS OF THE REPUBLIC OF NAURU s 218

complainant or witness attending before that court for the purposes of any
inquiry, trial or other proceeding under this Act, and any such payment shall be
made from, and be a charge upon, the Treasury Fund.

218A Saving of civil remedies

Except when expressly so provided, the prosecution or conviction of a person
for an offence does not affect any civil remedy which a person aggrieved by the
offence may have against the offender.
[s 218A insrt Act 18 of 2016 s 287 and Sch 2 clause 49, opn 12 May 2016]

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 PART 10 — REPEAL, INTERIM PROVISIONS AND SAVINGS
[Pt 10 renum Act 21 of 2020 s 5, opn 23 Oct 2020]

219 Repeal
The Judiciary Ordinance 1957–1967 and the Criminal Procedure
Ordinance 1957–1966 are hereby repealed.

220 Cessation of application of certain adopted laws

(1) The Criminal Procedure Ordinance of 1889 of the Territory of Papua shall,
from the commencement of this Act, cease to apply to or have effect in
Nauru.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[49], opn 15 Apr 2011; Act 18 of 2016 s 287 and Sch 2
clause 64, opn 12 May 2016]
(2) The Third Schedule of the Laws Repeal and Adopting Ordinance
1922–1967 is amended by deleting therefrom the Criminal Procedure
Ordinance of 1889.

221 Interim provisions

Where before the commencement of this Act any criminal cause has been
commenced in any court:
(a) if the trial of that cause has not commenced, or if it has commenced before
the District Court but that court has no jurisdiction under this Act to try it,
it shall be dealt with by the District Court as though it had been freshly
commenced under this Act; and
(b) if the trial of that cause has been commenced in the Supreme Court or is a
cause which the District Court has jurisdiction under this Act to try and it
has been commenced in the District Court, the trial shall be completed by
the court in which it has been commenced, but subject to the provisions of
this Act.

222 Savings
Notwithstanding the provisions of Sections 219 and 220, every order of a court
lawfully made, and every summons, warrant and other process of any court
lawfully issued, in Nauru in exercise of such court’s criminal jurisdiction before
the commencement of this Act shall continue to have full force and effect as
though the written law under which it was made or issued were still in force in
the Republic.

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 LAWS OF THE REPUBLIC OF NAURU

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 SCHEDULE
[Sections 93 and 182]
FORMS RELATING TO INFORMATION AND CHARGES

PART 1 — TITLES
No 1 - In the Supreme Court:
In the Supreme Court of Nauru
The Republic against A.B. (and C.D.)

No 2 - In the District Court:

In the District Court of Nauru
The Republic against A.B. (and C.D.)

PART 2 — INFORMATION
[Pt 2 am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]
At the sessions to be held at Yaren on [date]. Y.Z., Director of Public Prosecutions for
the Republic of Nauru (W.X., a public prosecutor duly authorised by the Director of Public
Prosecutions to prosecute for the Republic in this behalf) informs the Court that A.B. (and C.D.) did
commit the offence of:
(STATE THE OFFENCE ALLEGED AND THE PROVISION OF THE
WRITTEN LAW CONTRAVENED OR, IF APPROPRIATE, THAT IT IS
CONTRARY TO THE COMMON LAW)

In that he or she (they) did, on [date], at of in Nauru (in the territorial

waters of Nauru) (RECITE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 93 OF
THIS ACT THE ACT OR OMISSION ALLEGED TO CONSTITUTE THE OFFENCE)
(To be signed) Y. Z. OR W.X.
Director of Public
Public Prosecutions Prosecutor

PART 3 — CHARGE
[Pt 3 am Act 8 of 2011 s 12 and Sch 1[50], opn 15 Apr 2011]
A.B. (and C.D.) is (are) charged that he or she (they) did commit the offence of:
(STATE THE OFFENCE ALLEGED AND THE PROVISION OF THE
WRITTEN LAW CONTRAVENED OR, IF APPROPRIATE, THAT IT IS
CONTRARY TO THE COMMON LAW)

In that he or she (they) did, on [date], at in Nauru (in the

territorial waters of Nauru) (RECITE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 93 OF THIS ACT THE ACT OR OMISSION ALLEGED TO CONSTITUTE
THE OFFENCE)

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 LAWS OF THE REPUBLIC OF NAURU Sch

(to be signed) S.T.

(State rank of police officer)

U.V.
Magistrate

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 Criminal Procedure (Forms)
Rules 1972
TABLE OF PROVISIONS
Rule Title
1 Citation
2 Forms
SCHEDULE
FORM 1 — COMPLAINT
FORM 2 — CHARGE (PRIVATE COMPLAINT)
FORM 3 — CHARGE (COMPLAINT BY PUBLIC OFFICER)
FORM 4 — SUMMONS TO ACCUSED
FORM 5 — SUMMONS TO ACCUSED
FORM 6 — WARRANT TO ARREST ACCUSED IN THE FIRST
INSTANCE
FORM 7 — NAURU POLICE FORCE NOTICE TO ATTEND COURT
FORM 8 — WARRANT TO ARREST ACCUSED WHERE NOTICE OR
SUMMONS IS DISOBEYED
FORM 9 — BAIL RECOGNIZANCE
FORM 10 — SUMMONS TO WITNESS
FORM 11 — WARRANT TO ARREST A WITNESS WHO HAS
DISOBEYED A SUMMONS
FORM 12 — WARRANT OF COMMITTAL FOR SAFE CUSTODY
AFTER ARREST
FORM 13 — WARRANT OF COMMITTAL FOR SAFE CUSTODY ON
ADJOURNMENT OF HEARING
FORM 14 — WARRANT TO ARREST ACCUSED WHO HAS NOT
ATTENDED AFTER ADJOURNMENT
FORM 15 — WARRANT OF COMMITTAL ON A CONVICTION
WHERE THE SENTENCE IS IMPRISONMENT
FORM 16 — WARRANT OF COMMITTAL ON A CONVICTION
WHERE THE SENTENCE IN DEFAULT OF PAYMENT
OF A FINE IS IMPRISONMENT
FORM 17 — WARRANT OF DISTRESS FOR A FINE
FORM 18 — WARRANT OF COMMITTAL IN DEFAULT OF
DISTRESS FOR A FINE
FORM 19 — RECOGNIZANCE FOR KEEPING THE PEACE
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 LAWS OF THE REPUBLIC OF NAURU

Title
FORM 20 — RECOGNIZANCE TO APPEAR AND RECEIVE
SENTENCE
FORM 21 — WARRANT OF COMMITTAL FOR SAFE CUSTODY ON
COMMITTAL FOR TRIAL
FORM 22 — RECOGNIZANCE OF BAIL ON COMMITTAL FOR
TRIAL
FORM 23 — INFORMATION TO OBTAIN A SEARCH WARRANT
FORM 24 — SEARCH WARRANT

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 Criminal Procedure (Forms)
Rules 1972

TABLE OF AMENDMENTS
The Criminal Procedure (Forms) Rules 1972 were made and commenced on
27 November 1972.

Amending Legislation Notified Date of Commencement

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 LAWS OF THE REPUBLIC OF NAURU

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 IN EXERCISE of the powers conferred on me by Section 217 of the Criminal Procedure
Act 1972, I hereby make the following Rules:

1 Citation
These Rules may be cited as the Criminal Procedure (Forms) Rules 1972.

2 Forms
The forms set out in the Schedule to these Rules shall be used in criminal
proceedings before the courts with such variation as the circumstances of each
case require.

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 LAWS OF THE REPUBLIC OF NAURU

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 SCHEDULE
List of forms in this Schedule
1. Complaint
2. Charge (private complaint)
3. Charge (complaint by public officer)
4. Summons to accused
5. Summons to accused
6. Warrant to arrest accused in the first instance
7. Notice to attend court
8. Warrant to arrest accused where notice or summons is disobeyed
9. Bail recognizance
10. Summons to witness
11. Warrant to arrest a witness who has disobeyed a summons
12. Warrant of committal for safe custody after arrest
13. Warrant of committal for safe custody on adjournment of hearing
14. Warrant to arrest accused who has not attended after adjournment
15. Warrant of committal on a conviction where the sentence is imprisonment
16. Warrant of committal on conviction where the sentence in default of payment of
a fine is imprisonment
17. Warrant of distress for a fine
18. Warrant of committal in default of distress for a fine
19. Recognizance for keeping the peace
20. Recognizance to appear and receive sentence
21. Warrant of committal for safe custody on committal for trial
22. Recognizance of bail on committal for trial
23. Information to obtain a search warrant (under Section 75 of the Act)
24. Search warrant (under Section 75 of the Act)

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 LAWS OF THE REPUBLIC OF NAURU

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 FORM 1 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 1

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 51]
COMPLAINT

In the District Court.

...................................... of ...................................... makes complaint to the undersigned
magistrate that ................... of ................... did on the ................... day of ................... 20.........
at ................... in Nauru
(a) ..........................................................
Taken (or sworn) at ................... the ................... day of ................... , 20......... , before me.
Magistrate.
(a) State the facts alleged to ............................................................................. constitute
the offence complained of .............................................................................

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 LAWS OF THE REPUBLIC OF NAURU FORM 2

FORM 2

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 51]
CHARGE
(PRIVATE COMPLAINT)

In the District Court.

Criminal Case No.

(a) ...................................... of (b) ............................................................................. is charged
on the complaint of ...................................... with the following offence:

Statement of Offence (c)

Particulars of Offence (d)

Dated the .......................................................... day of ...................................... , 20.........

Magistrate
(a) Full name;
(b) Full address and occupation;
(c) Offence with written law and Section alleged to be contravened;
(d) Name or names of accused and brief particulars of offence in ordinary language.

Note - This form is for use for charge on private complaint only.

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 FORM 3 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 3

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 51]
CHARGE
(COMPLAINT BY PUBLIC OFFICER)

In the District Court.

Criminal Case No.

Statement of Offence (a)

Particulars of Offence (b)

Sworn before me (c)

Dated the ...................................... day of ...................................... , 20.........

Magistrate
(a) Offence with written law and Section alleged to be contravened;
(b) Name or names of accused and brief particulars of offence in ordinary language;
(c) Strike out if not made on oath;
(d) Signature of complainant with rank, if a police officer, or office.

Note - This form is for use for charge on complaint by a public officer only.

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 LAWS OF THE REPUBLIC OF NAURU FORM 4

FORM 4

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Sections 52 and 54]
SUMMONS TO ACCUSED

In the District Court.

Criminal Case No.

To (a)................... of (b) .............................................................................

You are hereby commanded to attend at ................... am*/pm on the ................... day of
................... , 20......... , in the District Court at the Court House at Yaren there to answer the
following charge made on the complaint of (a) ................... of (b) ...................

Statement of Offence (c)

Particulars of Offence (d)

and be dealt with according to law.

Dated the ................... day of ................... , 20.........

Magistrate
(a) Full name;
(b) Full address and occupation;
(c) Brief statement of offence with written law and Section alleged to be contravened, as
stated in the charge;
(d) Brief particulars of offence in ordinary language, as stated in the charge.

* Delete whichever is not applicable.

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 FORM 5 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 5

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Sections 54 and 61]

SUMMONS TO ACCUSED

Criminal Case No.

To (a) .......................................................... of (b) ..........................................................

You are hereby commanded to attend at ................... am*/p.m. on the ................... day of
...................................... 20......... , in the District Court at the Court House at Yaren there to
answer the charge set our hereunder and be dealt with according to law:

Provided that your personal attendance will be excused and the case may then be disposed of in your
absence if:
(i) you admit the offence and plead guilty in writing; or
(ii) you attend by a legal practitioner.

Statement of Offence (c)

Particulars of Offence (d)

You are warned that:

(1) If your personal attendance has been excused any fine which may be imposed upon you
shall be paid within 8 days from the date shown above.
(2) You will NOT receive notification from the Court of any fine which may have been
imposed but it is your duty to make inquiry in that respect from the Court. If you fail to
pay any such fine within the time allowed or to apply to the Court for an extension of time
for payment of the fine you will be liable without further warning to be committed to
prison forthwith for such terms as the Court may have lawfully ordered.
(3) If you do not attend at the time and place stated above, you shall be deemed to have
consented to the charge being heard and determined in your absence.

Dated the ................... day of ................... , 20.........

Magistrate

Note - This form shall be used:

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 LAWS OF THE REPUBLIC OF NAURU FORM 5

(a) in all cases in which the offence is punishable only by fine or by imprisonment not
exceeding 3 months, whether or not any disqualification may be ordered or may result
from the accused being convicted; and
(b) in any other case in which the magistrate thinks fit to dispense with the personal
attendance of the accused.
(a) Full name;
(b) Full address and occupation;
(c) Brief statement of offence with written law and Section alleged to be
contravened, as stated in the charge;
(d) Brief particular of offence in ordinary language, as stated in the charge.
* Delete whichever is not applicable.

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 FORM 6 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 6

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 52]
WARRANT TO ARREST ACCUSED IN THE FIRST INSTANCE

In the District Court.

Criminal Case No.

Warrant No.

To all Police Officers in Nauru.

These are to command you to arrest and bring before the District Court at the Court House at Yaren
(a) ................... of (b) ................... to be dealt with according to law on the following charge made
on the sworn complaint of (a) ................... of (b) ...................

Statement of Offence (c)

Particulars of Offence (d)

Dated the ................... day of ................... , 20.........

Magistrate
(a) Name;
(b) Full address and occupation;
(c) Brief statement of offence with written law and Section alleged to be contravened as
stated in the charge;
(d) Brief particulars of offence in ordinary language, as stated in the charge.

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 LAWS OF THE REPUBLIC OF NAURU FORM 7

FORM 7

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 53]
NAURU POLICE FORCE
NOTICE TO ATTEND COURT

To (a) ................... of (b) ......................................

You are hereby required to attend the District Court at the Court House at Yaren at 9 a.m. on the
................... day of ...................................... 20......... to answer the charge set out hereunder:

Provided that your personal attendance will be excused and the case may then disposed of in your
absence if:

(a) you admit the offence and plead guilty in writing; or

(b) you attend by a legal practitioner.

Statement of Offence (c)

Particulars of Offence (d)

(1) If you wish to enter a written plea of guilty you may do so on this form. This form should
then be returned to the Commissioner of Police as soon as possible by registered post or
personally.

(2) You are warned that:

(a) If your personal attendance has been excused any fine which may be imposed upon
you shall be paid within 8 days from the date shown above;
(b) You will NOT receive notification from the court of any fine which may have been
imposed but it is your duty to make inquiry in that respect from the court. If you
fail to pay any such fine within the time allowed or to apply to the court for an
extension of time for payment of the fine you will be liable without further warning
to be committed to prison forthwith for such term as the magistrate may have
lawfully ordered.

Signed:......................................

Rank:......................................

Date:......................................
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 FORM 7 CRIMINAL PROCEDURE (FORMS) RULES 1972

(a) Name;
(b) Full address and occupation;
(c) Brief statement of offence with written law and Section contravened;
(d) Brief particulars of offence in ordinary language.

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 LAWS OF THE REPUBLIC OF NAURU FORM 7

WRITTEN PLEA OF GUILTY

I .......................................................... being the person named above hereby enter a plea of

guilty to the charge specified.

(Signed) ...................................... Date: ......................................

(On reverse side - Affidavit of Service)

AFFIDAVIT OF SERVICE
I (a) ...................................... of (b) ...................................... make oath and say that I did on the
................... day of ................... , 20......... , serve on (c) ................... of (d) ................... at (e)
................... a notice of which the notice on the front of this form is a true copy.

Sworn by me at ................... )
this ................... day ................... )
of ................... , 20 ................... )
Magistrate*/Commissioner for Oaths
(a) Full name of officer;
(b) Rank of officer;
(c) Full name of accused;
(d) Address of accused;
(e) Place of service.

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 FORM 8 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 8

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Sections 53 and 62]
WARRANT TO ARREST ACCUSED WHERE NOTICE OR SUMMONS IS DISOBEYED

In the District Court.

Criminal Case No.

Warrant No.

To all Police Officers in Nauru.

Whereas on the ................... day of ................... , 20......... , on the complaint of (a) ...................
of (b) ................... (a) ................... of (b) ................... hereinafter called the accused was
summoned */notified to attend before the District Court at the Court House at Yaren, at ...................
am*/pm on the ................... day of ................... , 20......... , to answer the following charge:

Statement of Offence (c)

And whereas an oath has been made that the accused was duly served with the summons*/notified
but did not attend.

These are therefore to command you to arrest the accused and bring him or her before the District
Court at Yaren to answer the said charge and be dealt with according to law.

Dated the day of , 20

Magistrate

(a) Full name;

(b) Full address, and occupation;
(c) Brief statement of offence, with written law and Section alleged to be contravened, as
stated in the charge or on the notice.
* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 9

FORM 9

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 21 of the Bail Act 2018]
BAIL RECOGNIZANCE

(Supreme Court)
In the
*(District Court)

On the ...................................... day of ...................................... , 20......... ,

...................................... of ...................................... (hereinafter called “the principal”),
................... of ................... and ................... of ................... (hereinafter called “the surety
(sureties)”), severally acknowledged themselves to owe to the Republic the several sums following,
that is to say the principal, sum of ................... dollars and the surety (sureties each) the sum of
...................................... dollars, to be paid by them if the principal shall fail in the condition
hereunder written.

The condition is that if the principal shall personally attend on the ................... day of
...................................... , 20......... , at ................... o’clock in the ................... noon in the
Supreme Court*/District Court at the Court House at Yaren to answer an information filed by the
Director of Public Prosecutions*/a charge made on the complaint of ................... and shall continue
to attend from day to day and at each adjournment of the said court and not to depart therefrom
without leave this bond shall be void.
Principal
Surety Registrar*/Magistrate*/Police Officer
Surety
*Delete whichever is not applicable.

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 FORM 10 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 10

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 100]
SUMMONS TO WITNESS

(Supreme Court)
In the
*(District Court)

Criminal Case No.

To ...................................... of ............................................................................. Whereas a

charge has been made on the complaint of ...................................... of ......................................
that ...................................... of ...................................... did commit the following offence:

Statement of Offence

Particulars of Offence

and it is believed that you are able to give material evidence therein;

You are therefore hereby summoned to attend before the Supreme Court*/District Court at the Court
House at Yaren at ................... am*/pm on the ................... day of ................... 20......... to testify
what you know in the matter +/and also to bring with you and produce at the time and place
aforesaid (a) .............................................................................

Dated the ...................................... day of ...................................... , 20...................

Registrar*/Magistrate

(a) Specify documents to be produced

* Delete whichever is not applicable
+ Delete if not applicable

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 LAWS OF THE REPUBLIC OF NAURU FORM 11

FORM 11

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 100]
WARRANT TO ARREST A WITNESS WHO HAS DISOBEYED A SUMMONS

(Supreme Court)
In the
*(District Court)

Criminal Case No.

Warrant No.

To all Police Officers in Nauru.

...................................... of ...................................... not having attended in obedience to a

summons requiring his or her attendance on the ................... day of ................... 20......... at the
Supreme Court */District Court at the Court House at Yaren to give evidence in the above Criminal
Case.

These are therefore to command you to arrest and bring before the Supreme Court*/District
Court at ................... am*/pm on the ................... day of ................... 20......... the said
................... to be dealt with according to law.

Dated the ...................................... day of ................... , 20 .........

Judge*/Magistrate

* Delete whichever is not applicable.

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 FORM 12 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 12

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 26(1) of the Bail Act 2018]
WARRANT OF COMMITTAL FOR SAFE CUSTODY AFTER ARREST

In the District Court.

Warrant No.

To all Police Officers in Nauru and to the Chief Correctional Officer.

................... of ................... having been brought before the District Court to answer the following
charge:

Statement of Offence

These are therefore to command you the said Police Officers to convey and deliver the said
................... to the Chief Correctional Officer who is hereby directed safely to keep him or her until
the ................... day of ................... , 20......... , and then have him or her before the District Court
at the Court House at Yaren at ................... am*/pm

The said ................... *may be released on bail in the sum of ................... dollars with
surety*/sureties in the sum of dollars*/without surety to attend before the District
Court at the Court House at Yaren at ................... o’clock in the noon on the
................... day of ................... 20 ......... */may not be released on bail.

Dated the ................... day of ................... , 20.........

Magistrate

* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU

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 FORM 13 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 13

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 154]
WARRANT OF COMMITTAL FOR SAFE CUSTODY ON ADJOURNMENT OF
HEARING

In the District Court.

Criminal Case No.

Warrant No.

To all Police Officers in Nauru and to the Chief Correctional Officer.

Whereas the hearing of a charge against ................... has been adjourned to the ................... day
of ................... at ................... am*/pm in the District Court at the Court House at Yaren.

These are therefore to command you the said Police Officers to convey and deliver the said
................... to the Chief Correctional Officer who is hereby directed safely to keep him or her until
the said ................... day of ................... and then have him or her before the District Court at the
said time and place.

The said ................... *may be released on bail in the sum of ................... dollars with
................... surety*/sureties in the sum of ................... dollars*/without surety to attend before
the District Court at the Court House at Yaren at ................... am*/pm on the ................... day of
................... 20......... */may not be released on bail.

Dated the ................... day of ................... , 20.........

Magistrate

* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 14

FORM 14

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 155]
WARRANT TO ARREST ACCUSED WHO HAS NOT ATTENDED AFTER
ADJOURNMENT

In the District Court.

Criminal Case No.

Warrant No.

To all Police Officers in Nauru.

Whereas on the ................... day of ................... , 20......... , ................... of ...................

hereinafter called the accused, attended before the District Court at the Court House at Yaren to
answer a charge made on the complaint of ................... of ................... that he or she the said
accused did commit the following offence(s):

Statement of Offence

and the hearing of the said charge was adjourned to the ................... day of ................... , 20......... ,
at ................... am*/pm in the District Court at the Court House at Yaren at which time and place
the accused failed to attend.

These are therefore to command you the said Police Officers to arrest the accused and bring him or
her forthwith before the District Court at the Court House at Yaren.

Dated the ................... day of ................... , 20.........

Magistrate

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 FORM 15 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 15

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 154]
WARRANT OF COMMITTAL ON A CONVICTION WHERE THE SENTENCE IS
IMPRISONMENT
(Supreme Court)
In the
*(District Court)

Criminal Case No.

Warrant No.

To all Police Officers in Nauru and to the Chief Correctional Officer.

Whereas ................... late of ................... was this day convicted by the Supreme Court*/District
Court of the following offence(s):

Statement of Offence

and it was thereby adjudged that the said ................... for his or her offence(s) should be
imprisoned for the period of ................... ;

These are therefore to command you the said Police Officers to take the said ................... and
convey him or her to the correctional centre and deliver him or her to the Chief Correctional Officer
thereof who is hereby directed to imprison him or her for the period of ......................................

Dated the ...................................... day of ................... , 20.........

Judge*/Magistrate

* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 16

FORM 16

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 9C]
WARRANT OF COMMITTAL ON A CONVICTION WHERE THE SENTENCE IN
DEFAULT OF PAYMENT OF A FINE IS IMPRISONMENT

(Supreme Court)
In the *
(District Court)

Criminal Case No.

Warrant No.

To all Police Officers in Nauru and to the Chief Correctional Officer.

Whereas .......................................................... late of ..........................................................

(hereinafter called the accused) was on the ...................................... day of ................... ,
20......... , convicted by the Supreme Court*/District Court of the following offence(s):

Statement of Offence

and it was thereby adjudged that the accused should for such his or her offence(s) pay a fine of
...................................... and ...................................... costs or in default of payment be
imprisoned for the period of ...................................... ;

And whereas the accused has made default as follows:

These are therefore to command you the said police officers to convey and deliver the said accused
to the Chief Correctional Officer who is hereby directed to imprison him or her the said accused for
the period of .......................................................... unless he or she shall sooner pay the
following sums of money:
Fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Warrant issuing
fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Total:
Dated the. . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . , 20. . . . . .
Judge*/Magistrate

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 FORM 16 CRIMINAL PROCEDURE (FORMS) RULES 1972

* Delete whichever is not applicable

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 LAWS OF THE REPUBLIC OF NAURU FORM 17

FORM 17

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 9A]

WARRANT OF DISTRESS FOR A FINE

(Supreme Court)
In the
*(District Court)

Criminal Case No.

Warrant No.

To the Commissioner of Police.

Whereas .......................................................... late of ..........................................................

was on the ...................................... day of ...................................... convicted before the
Supreme Court*/District Court of the following offence(s):

Statement of Offence

Particulars of Offence

and it was thereby adjudged that the said ................... should for his or her offence pay a fine of
................... and should also pay to ................... the sum of ................... for costs; and being
required to pay the said sums of ................... and ................... he or she has not paid the same but
therein has made default;

These are therefore to command you forthwith to make distress of the goods and chattels of the said
................... and if within the period of ................... days next after the making of such distress the
said sums together with the reasonable charges of taking and keeping the distress shall not be paid
that you do sell the said goods and chattels so by you distrained [sic] and do pay the money arising
by such sale to me */the Deputy Registrar of the District Court at Yaren that I*/he or she may pay
and apply the same as by law directed and may render the surplus if any on demand to the said
................... and if no such distress can be found then that you certify the same to the Supreme
Court*/District Court so that further proceedings may be had therein in accordance with the law.

Dated the ................... day of ................... , 20.........

Registrar*/Magistrate

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 FORM 17 CRIMINAL PROCEDURE (FORMS) RULES 1972

* Delete whichever is not applicable.

Amount adjudged:
Fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________
$
Less Paid. . . . . . . . . . . . . . . . . . . $ __________________
$
Warrant issuing fee. . . . . . . . . . . . . . . $ __________________
Amount to be levied. . . . . . . . . . . . . . $
And, in addition, the
charges of
taking and keeping the distress. . . . . . . . . . . . . . . . . $
RETURN

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 LAWS OF THE REPUBLIC OF NAURU FORM 18

FORM 18

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 9C]

WARRANT OF COMMITTAL IN DEFAULT OF DISTRESS FOR A FINE

(Supreme Court)
In the
*(District Court)

Criminal Case No.

Warrant No.

To all police officers in Nauru and to the Chief Correctional Officer.

Whereas

late of ...................................... (hereinafter called the accused) was on the ................... day of
................... , 20 ................... ,convicted by the Supreme Court */District Court of the following
offence(s):

Statement of Offence

and it was thereby adjudged that the accused should for such his or her offence(s) pay a fine of
......... and ................... for costs or in default of payment be imprisoned for the period of ......... ;

And whereas on the ................... day of ................... , 20......... , a distress warrant was issued for
levying the said sum(s) but no sufficient distress whereon to levy the same could be found*/it
appears that distress and sale of the accused’s property would be ruinous to him or her or his or her
family.

These are therefore to command you the said police officers to convey and deliver the said accused
to the Chief Correctional Officer who is hereby directed to imprison him or her for the period of
................... unless he or she shall sooner pay the following sums of money:

Fine ...................................... $

Costs ...................................... $

Expenses of Distress ................... $

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 FORM 18 CRIMINAL PROCEDURE (FORMS) RULES 1972

Warrant of issuing fee ................... $

Total:

Dated the ................... day of ................... , 20.........

Registrar*/Magistrate

*Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 19

FORM 19

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 34]
RECOGNIZANCE FOR KEEPING THE PEACE

(Supreme Court)
In the
*(District Court)

Criminal Case No.

We the undersigned severally acknowledge ourselves to owe to the Republic the several sums
following namely ................... of ................... as principal the sum of ................... dollars and
................... of ................... as surety the sum of ................... dollars payment thereof to be
enforced severally against us by due process of law if the said principal fail in the condition
endorsed hereon.

...................................... Principal

...................................... Surety

Taken before me the ...................................... day of ...................................... , 20...................

Registrar*/Magistrate

CONDITION

The condition of the above recognizance is such that if the above bounden principal shall keep the
peace and be of good behaviour towards the Republic and all people in Nauru for a term of
...................................... now next ensuing then the said recognizance shall be void but otherwise
shall remain in full force.

* Delete whichever is not applicable.

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 FORM 20 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 20

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 19]
RECOGNIZANCE TO APPEAR AND RECEIVE SENTENCE
(Supreme Court)
In the
*(District Court)

Criminal Case No.

We the undersigned severally acknowledge ourselves to owe to the Republic the several sums
following namely ................... of ................... as principal the sum of ................... dollars and
................... of ................... and ................... of ................... as sureties the sums of
................... dollars each, payment thereof to be enforced severally against us by due process of
law if the said principal fail in the condition hereon endorsed.

...................................... Principal

...................................... Surety

...................................... Surety

Taken before me this ...................................... day of ...................................... , 20...................

Registrar*/Magistrate

CONDITION

The condition of the above recognizance is such that if ...................................... the above
bounden principal who was on the ...................................... day of ...................................... ,
20......... , convicted by the Supreme Court*/District Court of the offence of
...................................... contrary to Section ...................................... of the Crimes Act 2016
shall appear before the Supreme Court*/District Court at Yaren to receive sentence when called
upon at any time during the period of ...................................... now next ensuring and in the
meantime keep the peace and be of good behaviour and comply with the further conditions, if any,
set our hereunder then the said recognizance shall be void but otherwise remain in full force.

FURTHER CONDITIONS

* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 20

[Note: The Criminal Code was repealed by the Crimes Act 2016.]

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 FORM 21 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 21
WARRANT OF COMMITTAL FOR SAFE CUSTODY ON COMMITTAL FOR TRIAL
CRIMINAL PROCEDURE ACT 1972
[Section 170]

In the District Court.

Criminal Case No.

To all police officers in Nauru and to the Chief Correctional Officer.

Whereas ...................................... of ...................................... was this day charged before me

with the following offence(s):

Statement of Offence.

Particulars of Offence.

and was committed for trial to the Supreme Court of Nauru.

These are therefore to command you the said police officers to convey and deliver the said
...................................... to the Chief Correctional Officer who is hereby directed to receive the
said ...................................... into his or her custody in the prison and there safely keep him or her
until he or she shall be thence delivered in due course of law.

Dated the ...................................... day of ...................................... , 20.........

Magistrate

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 LAWS OF THE REPUBLIC OF NAURU FORM 22

FORM 22

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 170]
RECOGNIZANCE OF BAIL ON COMMITTAL FOR TRIAL

In the District Court.

Criminal Case No.

We the undersigned severally acknowledge ourselves to owe to the Republic the several sums
following namely ................... of ................... as principal the sum of ................... and
................... of ................... as surety the sum of .......................................................... payment
thereof to be enforced severally against us by due process of law if the said principal fail in the
condition endorsed hereon.

...................................... Principal

...................................... Surety

Taken before me this ...................................... day of ...................................... , 20.........

Magistrate

CONDITION

The condition of the above recognizance is such that whereas the above bounden principal was this
day charged before the District Court and committed for trial to the Supreme Court of Nauru for the
following offence:

Statement of Offence

Particulars of Offence

If therefore the said principal shall attend before the said Supreme Court at the Court House at Yaren
at 9 a.m. on the ...................................... day of ...................................... , 20......... , and there
surrender himself or herself into the custody of the Court and plead to and take his or her trial upon
an information against him or her for or in respect of the charge aforesaid and not depart the said
recognizance shall be void but otherwise remain in full force.

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 FORM 23 CRIMINAL PROCEDURE (FORMS) RULES 1972

FORM 23

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 75]
INFORMATION TO OBTAIN A SEARCH WARRANT

The information of ...................................... of ...................................... , who upon oath states

that he or she has reasonable cause to suspect and he or she does suspect and believe that certain
property namely (a) ...................................... *upon, by or in respect of which an offence has been
committed*/which is necessary to the conduct of an investigation into an offence is in a certain (b)
...................................... at (c) ...................................... of (d) ......................................

And the grounds of such suspicion and belief are:

(Signature of Informant)

Sworn before me at ...................................... this ...................................... day of

...................................... , 20.........

Magistrate

Note:
(a) Describe article or things;
(b) Building, ship, vehicle, receptacle or place;
(c) Situation of building, etc;
(d) Name of owner or person residing in or being in charge of the building, etc.

* Delete whichever is not applicable.

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 LAWS OF THE REPUBLIC OF NAURU FORM 24

FORM 24

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
[Section 75]
SEARCH WARRANT

To all police officers in Nauru.

Whereas it is made to appear to me by information on oath laid this day by

...................................... of ...................................... that there is reasonable ground for
suspecting that certain property, namely (a) ...................................... *upon, by or in respect of
which an offence has been committed*/which is necessary to the conduct of an investigation into an
offence is in a certain (b) ...................................... at (c) ...................................... of (d)
......................................

You are hereby authorised forthwith with proper assistance to enter the said (b)
...................................... , if necessary by force, and there search for the property above mentioned
and, if anything searched for be found, or any other thing which there is reasonable cause to suspect
to have been stolen or unlawfully obtained be found, to seize it and bring it before the District Court
at Yaren to be dealt with according to law.

Dated the ...................................... day of ...................................... , 20.........

Magistrate

Note:
(a) Describe article or things;
(b) Building, ship, vehicle, receptacle or place;
(c) Situation of building, etc;
(d) Name of owner or person residing in or being in charge of the building, etc.

* Delete whichever is not applicable.

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 Rule of Court 1999
TABLE OF AMENDMENTS
The Rule of Court 1999 (GN No 38/1999) was notified on 10 March 1999 and
commenced on 1 April 1999 (rule B).

Amending Legislation Notified Date of Commencement

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 LAWS OF THE REPUBLIC OF NAURU

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 Rule of Court 1999
Pursuant to Sections 74 (d) and (g) of the Courts Act 1972 and Section 118 of the Criminal
Procedure Act 1972, I, GAVEN JOHN DONNE, CHIEF JUSTICE of Nauru DO HEREBY
MAKE the following Rule:

A. Costs - 1. Wherein the District Court an offender is convicted of an

offence or discharged by it under any written law following
a finding that he or she is guilty of an offence, the Court
may order the offender to pay the costs of the hearing by
the Court of the proceedings in relation to the offence.
2. Subject to the Court deciding otherwise the costs to be
ordered pursuant to subrule (1) shall be FIVE DOLLARS
($5) in respect of each offence heard by the Court.
3. Costs ordered under this Rule shall be paid into the
Treasury Fund.
B. This Rule will come into effect on the 1st day of April, 1999.

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 LAWS OF THE REPUBLIC OF NAURU

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 Criminal Procedure (Criminal
Convictions) Regulations 2020
TABLE OF PROVISIONS
Regulation Title
1 Citation
2 Commencement
3 Register of Records of criminal and other convictions
4 Certificate of record of no convictions
5 Certificate of record of convictions
6 Notice of objection to certificate of record of convictions
7 Notice of objection to certificate comparing fingerprints
8 Fees
SCHEDULE 1 — REGISTER OF RECORDS
SCHEDULE 2 — FORMS
FORM 1 — CERTIFICATE OF RECORD OF NO CONVICTIONS
FORM 2 — CERTIFICATE OF RECORD OF CRIMINAL AND OTHER
CONVICTIONS
FORM 3 — NOTICE OF OBJECTION TO CERTIFICATE OF RECORD
OF CONVICTIONS
FORM 4 — NOTICE OF OBJECTION TO CERTIFICATE COMPARING
FINGERPRINTS OF PERSON WITH CRIMINAL
CONVICTIONS
SCHEDULE 3 — FEES

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 LAWS OF THE REPUBLIC OF NAURU

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 Criminal Procedure (Criminal
Convictions) Regulations 2020

TABLE OF AMENDMENTS
The Criminal Procedure (Criminal Convictions) Regulations 2020 No 25 were notified
and commenced on 20 August 2020 (GN No 620/2020; Gaz 164/2020).

Amending Legislation Notified Date of Commencement

Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021

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 LAWS OF THE REPUBLIC OF NAURU

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 The Cabinet makes the following Regulations under Section 98 of the Criminal Procedure
Act 1972:

1 Citation
These Regulations may be cited as the Criminal Procedure (Criminal
Convictions) Regulations 2020.

2 Commencement
These Regulations come into effect on the day they are notified in the Gazette.

3 Register of Records of criminal and other convictions

For the purpose of Section 98 of the Act, the Register established and
maintained by the Registrar may be kept as set out in Schedule 1:
(a) in writing; and
(b) in electronic form that is readily retrievable.

4 Certificate of record of no convictions

The form of a certificate of no convictions shall be in Form 1 of Schedule 2.

5 Certificate of record of convictions

For the purpose of Section 98A(1) of the Act, the form of the certificate of the
record of criminal convictions issued by the Registrar shall be in Form 2 of
Schedule 1.

6 Notice of objection to certificate of record of convictions

For the purpose of Section 98A(1) of the Act, the notice of objection to a
certificate of record of convictions shall be in Form 3 of Schedule 2.

7 Notice of objection to certificate comparing fingerprints

For the purpose of Section 98A(2) of the Act, the notice of objection to a
certificate comparing fingerprints of a person with a conviction shall be in Form
4 of Schedule 2.

8 Fees
For the purpose of Section 98(7) of the Act, the fees to be paid are set out in
Schedule 3.

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 LAWS OF THE REPUBLIC OF NAURU

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 SCHEDULE 1
CRIMINAL PROCEDURE ACT 1972
[Section 98; Regulation 3]

REGISTER OF RECORDS

REGISTER OF RECORDS OF CRIMINAL AND OTHER CONVICTIONS

Details of offender: [insert full name]

[insert residential address]
[insert date of birth]
[insert nationality]
[photo/photo identity]

Offender’s parents’ details: [insert full names]

[insert residential address]

Register number:
Case Reference Number:
Court person convicted:
Nature of offence for which
person convicted:
Date charge filed: [date/month/year]
Date of conviction [whether after [date/month/year]
pleading guilty or trial]:
Date of sentence: [date/month/year]
Sentence:

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 LAWS OF THE REPUBLIC OF NAURU

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 SCHEDULE 2

FORMS

FORM 1

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
CONFIDENTIAL
[Regulation 4]

CERTIFICATE OF RECORD OF NO CONVICTIONS

This is to certify that [insert name] has no convictions recorded and kept in the Register of
Records of criminal and other convictions under the Criminal Procedure Act 1972.
Sealed and issued on [insert date]

REGISTRAR OF COURTS

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 LAWS OF THE REPUBLIC OF NAURU FORM 2

FORM 2

REPUBLIC OF NAURU
CRIMINAL PROCEDURE ACT 1972
CONFIDENTIAL
[Section 98A(1); Regulation 5]

CERTIFICATE OF RECORD OF CRIMINAL AND OTHER CONVICTIONS

RPC No:. . . / 20. . .
This is to certify that as of the date of issuance of this certificate, [Mr / Ms / Mrs / Miss] [insert
full name] has the following (criminal / other) convictions recorded and kept in the Register of
Records of criminal and other convictions under the Criminal Procedure Act 1972: [list
convictions]
(1) [court], [case reference number], [offence guilty of], [sentence]

Sealed and issued on [insert date]

REGISTRAR OF COURTS

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 FORM 3 CRIMINAL PROCEDURE (CRIMINAL CONVICTIONS) REGULATIONS 2020

FORM 3
[Section 98A(1), Regulation 6]
NOTICE OF OBJECTION
TO
CERTIFICATE OF RECORD OF CONVICTIONS
NOC No.:. . . / 20. . .

TAKE NOTICE that [Full name], [address] objects to the following conviction(s) recorded and
kept in the Register of Records of criminal and other convictions under the Criminal Procedure
Act 1972:
(1)
The above conviction(s) is objected to on the following ground(s):
(1)
The aforementioned records shall be removed from the Register of Records of criminal and
other convictions and the certificate reference number. . . issued on. . . of. . . . . . . . . . . . . . 20. . .
under Regulation 5 to be rectified accordingly.
Dated this day of 20. . . .

[Signature]
[Full name of applicant]

To the Republic

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 LAWS OF THE REPUBLIC OF NAURU FORM 4

FORM 4
[Section 98A(2), Regulation 7]
NOTICE OF OBJECTION
TO
CERTIFICATE COMPARING FINGERPRINTS OF PERSON WITH CRIMINAL
CONVICTIONS

TAKE NOTICE that [Full name], [address] objects to the certificate issued by [Full name of
person appointed by Minister] on the following ground(s):
(1)
Dated this day of 20. . . .

[Signature]
[Full name of applicant]

To the Republic

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 SCHEDULE 3
[Section 98(7); Regulation 8]

FEES
Item Section of Act Fees
1 Certificate for record of Section 98(7) $50
convictions
2 Certificate for record of no Section 98(7) $50
convictions

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 LAWS OF THE REPUBLIC OF NAURU

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