PART II
JURISDICTION
4. Application-(1) This Act applies to all offences for which the offender may be proceeded against and tried in Samoa.
(2) This Act applies to all acts done or omitted in Samoa.
(3) Subject to subsection (4), no act done or omitted outside of Samoa is an offence unless it is an offence by virtue of any provision of this Act or of any other enactment.
(4) For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.
(5) The Court of Appeal, the Supreme Court and the District Court shall have jurisdiction to hear and determine any matter for which this Act or any other law provides such court with jurisdiction irrespective of whether any act or omission or event occurs in Samoa or any other place.
5. Persons not to be tried in respect of things done outside of Samoa - Subject to the provisions of section 6, no act done or omitted outside Samoa is an offence, unless it is an offence by virtue of any provision of this Act or of any other enactment.
6. Place of commission of offence - For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence,
occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.
7. Jurisdiction in respect of crimes on ships or aircraft beyond Samoa-(1) This section applies to any act done or omitted beyond Samoa by any person:
(a) on board any Samoan registered ship; or
(b) on board any Samoan aircraft; or
(c) on board any ship or aircraft, if that person arrives in Samoa on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
(d) being a citizen of Samoa, on board any foreign ship (not being a ship to which he or she belongs) on the high seas; or
(e) being a Samoan citizen or a person ordinarily resident in Samoa, on board any aircraft provided that paragraph (c) does not apply where the act was done or omitted by a person, not being a citizen of Samoa, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of any country; or
(f) being a Samoan citizen or a person ordinarily resident in Samoa, on board any ship or aircraft as a servant or an officer of the Government of Samoa. (2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within Samoa, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), then, subject to the provisions of this Act and of that other enactment, he or she shall be liable on conviction as if the act or omission had occurred in Samoa: provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to
prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.
(3) Where at any place beyond Samoa any person who belongs, or within three (3) months previously has belonged, to any Samoan registered ship does or omits any act, whether on shore or afloat, not being an act, or omission to which subsection (1) applies, and that act or omission would, if it occurred within Samoa, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Samoan registered ship.
(4) This section shall be read subject to the provisions of section 221.
8. Extraterritorial jurisdiction for offences with transnational aspects-(1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside Samoa, proceedings may be brought for any offence against this Act committed in the course of committing any offence against the Prevention and Suppression of Terrorism Act 2002, or an offence against sections 146 to 152 and 154 to 157 of this Act, if the person to be charged:
(a) is a Samoan citizen; or
(b) is ordinarily resident in Samoa; or
(c) has been found in Samoa and has not been extradited; or
(d) is a body corporate, or a corporation sole, incorporated under the law of Samoa.
(2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside Samoa, proceedings may be brought for any offence against this Act, if the person to be charged:
(a) is a Samoan citizen or an ordinary resident of Samoa; and
(b) is outside of Samoa as an ambassador, diplomat, representative, envoy, attaché or employee or officer of the Government of Samoa.
4. Application-
(1) This Act applies to all offences for which the offender may be proceeded against and tried in Samoa.
(2) This Act applies to all acts done or omitted in Samoa.
(3) Subject to subsection (4), no act done or omitted outside of Samoa is an offence unless it is an offence by virtue of any provision of this Act or of any other enactment.
(4) For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.
(5) The Court of Appeal, the Supreme Court and the District Court shall have jurisdiction to hear and determine any matter for which this Act or any other law provides such court with jurisdiction irrespective of whether any act or omission or event occurs in Samoa or any other place.
5. Persons not to be tried in respect of things done outside of Samoa -
Subject to the provisions of section 6, no act done or omitted outside Samoa is an offence, unless it is an offence by virtue of any provision of this Act or of any other enactment.
6. Place of commission of offence -
For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in Samoa, the offence shall be deemed to be committed in Samoa, whether the person charged with the offence was in Samoa or not at the time of the act, omission, or event.
7. Jurisdiction in respect of crimes on ships or aircraft beyond Samoa-
(1) This section applies to any act done or omitted beyond Samoa by any person:
(a) on board any Samoan registered ship; or
(b) on board any Samoan aircraft; or
(c) on board any ship or aircraft, if that person arrives in Samoa on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
(d) being a citizen of Samoa, on board any foreign ship (not being a ship to which he or she belongs) on the high seas; or
(e) being a Samoan citizen or a person ordinarily resident in Samoa, on board any aircraft provided that paragraph (c) does not apply where the act was done or omitted by a person, not being a citizen of Samoa, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of any country; or
(f) being a Samoan citizen or a person ordinarily resident in Samoa, on board any ship or aircraft as a servant or an officer of the Government of Samoa.
(2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within Samoa, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), then, subject to the provisions of this Act and of that other enactment, he or she shall be liable on conviction as if the act or omission had occurred in Samoa: provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to
prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.
(3) Where at any place beyond Samoa any person who belongs, or within three (3) months previously has belonged, to any Samoan registered ship does or omits any act, whether on shore or afloat, not being an act, or omission to which subsection (1) applies, and that act or omission would, if it occurred within Samoa, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Samoan registered ship.
(4) This section shall be read subject to the provisions of section 221.
8. Extraterritorial jurisdiction for offences with transnational aspects-
(1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside Samoa, proceedings may be brought for any offence against this Act committed in the course of committing any offence against the Prevention and Suppression of Terrorism Act 2002, or an offence against sections 146 to 152 and 154 to 157 of this Act, if the person to be charged:
(a) is a Samoan citizen; or
(b) is ordinarily resident in Samoa; or
(c) has been found in Samoa and has not been extradited; or
(d) is a body corporate, or a corporation sole, incorporated under the law of Samoa.
(2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside Samoa, proceedings may be brought for any offence against this Act, if the person to be charged:
(a) is a Samoan citizen or an ordinary resident of Samoa; and
(b) is outside of Samoa as an ambassador, diplomat, representative, envoy, attaché or employee or officer of the Government of Samoa.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.