Solomon Islands

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: Yes

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Penal Code, Chapter 26

Applicable key wording

Grievous harm

Discussion

Penal Code (s 224) Acts intended to cause grievous harm or prevent arrest-

Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person-

(a) unlawfully wounds or does any grievous harm to any person by any means whatever; or

(f) causes any such substance or thing to be taken or received by any person; or

(g) unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person,

is guilty of a felony, and shall be liable to imprisonment for life.

This law stipulates that any person found guilty of unlawfully causing grievous bodily harm to another person; causes any such substance or thing to be taken or received by any person or unlawfully applies any such fluid on a person is guilty of a felony and shall be liable to imprisonment for life.

The assult offences under the Penal Code provide sufficient law for an offence of transmission of a transmissible infection to be prosecuted. However to our knowledge, there have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to HIV transmission is, at present, merely theoretical.

The Public Health Act 1978 (Cap 99) does not include specific HIV/AIDS provisions, though there are provisions on venereal disease and notifiable diseases. It also authorises doctors and health workers to do what is appropriate for the patient and the public interest[1].

According to the Commission on AIDS in the Pacific report[2], the Environmental Health (Public Health Act) Regulations do not include HIV and AIDS as notifiable diseases, but this is subject to amendment by the Minister of Health by notice. The Public Health Act provides for isolation of infectious diseases.

[1]http://www.paclii.org/journals/fJSPL/vol08no1/4.shtml#fnB83

[2]Commission on AIDS in the Pacific (2009), ‘Turning the tide: an open strategy for a response to AIDS in the Pacific. Report of the Commission on AIDS in the Pacific’, UNAIDS, annex 4.

Further reading

Colvin E (2002). Criminal responsibility under the South Pacific codes: http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1017&context=law_pubs

Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017