ABSTRACT

The written constitutions of the region are relevant to issues of criminal process, particularly with reference to rights and protections. So, for example, the presumption of innocence is enshrined in Art 65(e) of the Constitution of Cook Islands; the privilege against self-incrimination is avowed by cl 9(5) of the Constitution of (Western) Samoa; the law of the writ of habeas corpus is contained in cl 9 of the Constitution of Tonga; a suspect’s right to be informed of charges in a language that he or she understands is recognised by Art 2(c) of the Constitution of Vanuatu.