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Crimes Act 1969

COOK ISLANDS

CRIMES ACT 1969

ANALYSIS

Title

1. Short Title and division into Parts

2. Interpretation

3. Meaning of "ordinarily resident in the Cook Islands"

PART I

JURISDICTION

4. Application of Act

5. Persons not to be tried in respect of things done outside the Cook Islands

6. Place of commission of offence

7. Jurisdiction in respect of crimes on ships or aircraft beyond the Cook Islands

8. Common law offences

9. Offence under more than one enactment

10. Construction of other Acts

11. Summary jurisdiction

PART II

PUNISHMENTS

12.-22. [Repealed]

PART III

MATTERS OF JUSTIFICATION OR EXCUSE

23. General rule as to justifications

Infancy

24. Children under ten

25. Children between ten and fourteen

Insanity

26. Insanity

Compulsion

27. Compulsion

Ignorance of law

28. Ignorance of law

Sentence or Process

29. Execution of sentence, process, or warrant

30. Execution of erroneous sentence or process

31. Sentence or process without jurisdiction

32. Irregular warrant or process

Arrest

33. Arresting the wrong person

34. Arrest by constable pursuant to statutory powers

35. Arrest by constable or person believed to have committed offence

36. Arrest by other officers or persons pursuant to statutory powers

37. Person assisting constable or officers in arrest

38. Arrest of persons found committing certain crimes

39. Arrest of person believed to be committing crime by night

40. Arrest after commission of certain crimes

41. Arrest during fight

Use of Force

42. Force used in executing process or in arrest

43. Preventing escape or rescue

44. Prevention of suicide or certain offences

Breach of the Peace

45. Preventing breach of the peace

46. Suppression of riot

47. Suppression of riot by Police

48. Suppression of riot by persons acting under lawful orders

49. Suppression of riot by persons without orders

Defence Against Assault

50. Self-defence against unprovoked assault

51. Self-defence against provoked assault

52. Provocation defined

53. Defence of person under protection

Defence of Property

54. Defence of movable property against trespasser

55. Defence of movable property with claim of right

56. Defence of movable property without claim of right

57. Defence of dwellinghouse

58. Defence of land or building

Peaceful Entry

59. Assertion of right to land or building

60. Exercise of right of way, etc.

Powers of Discipline

61. Domestic discipline

62. Discipline on ship or aircraft

Surgical Operations

63. Surgical Operations

General Provisions

64. Excess of force

65. Consent to death

66. Obedience to de facto law

67. Other enactments not affected

PART IV

PARTIES TO THE COMMISSION OF OFFENCES

68. Parties to offences

69. Husband and wife conspiring

70. Party to murder outside the Cook Islands

71. Party to any other crime outside the Cook Islands

72. Offence committed other than offence intended

73. Accessory after the fact

74. Attempts

PART V

CRIMES AGAINST PUBLIC ORDER

Treason and Other Crimes against the Queen and the State

75. Treason

76. Punishment for treason or attempted treason

77. Evidence of treason

78. Punishment for being party to treason

79. Incitement to mutiny

80. Communicating secrets

81. Sabotage

Seditious Offences

82. Oath to commit offence

83. Seditious offences defined

84. Seditious conspiracy

85. Seditious statements

86. Publication of seditious documents

87. Use of apparatus for making seditious documents or statements

Unlawful Assemblies, Riots, and Breaches of the Peace

88. Unlawful assembly

89. Riot

90. Reading the Riot Act

91. Failure of rioters to disperse

92. Riotous destruction of buildings, etc.

93. Forcible entry and detainer

94. Carrying offensive weapon in public place without lawful excuse

95. Riotous, etc., behaviour in public place

96. Fighting in public place

97. Throwing or leaving bottles or glass in public place

98. Obstructing public place

99. Profane, indecent, or obscene language

100. Disturbing public worship

101. Drunkenness

102. Wilful trespass after warning to leave

Piracy

103. Piracy

104. Piratical acts

105. Punishment of piratical acts

106. Attempt to commit piracy

107. Conspiring to commit piracy

108. Accessory after the fact to piracy

Dealing in Persons

109. Dealing in persons

PART VI

CRIMES AFFECTING THE ADMINISTRATION

OF LAW AND JUSTICE

Bribery and Corruption

110. Interpretation

111. Judicial corruption

112. Bribery of judicial officer, etc.

113. Corruption and bribery of Minister of the Crown

114. Corruption and bribery of member of Legislative Assembly

115. Corruption and bribery of law enforcement officer

116. Corruption and bribery of official

117. Restrictions on prosecution

Contravention of Statute

118. Contravention of statute

Misleading Justice

119. Perjury defined

120. Punishment of perjury

121. False oaths

122. False statements or declarations

123. Evidence of perjury, false oath, or false statement

124. Fabricating evidence

125. Use of purported affidavit or declaration

126. Conspiring to bring false accusation

127 Conspiring to defeat justice

128. Corrupting juries and witnesses

Escapes and Rescues

129. Assisting escape of prisoners of war or internees

130. Breaking prison

131. Escape from lawful custody

132. Assisting escape from lawful custody

133. Assisting escape of mentally defective person under detention for offence.

PART VII

CRIMES AGAINST RELIGION, MORALITY,

AND PUBLIC WELFARE

Crimes against Religion

134. Blasphemous libel

Crimes against Morality Decency

135. Distribution or exhibition of indecent matter

136. Indecent act in public place

137. Indecent act with intent to insult or offend

137A. Exposure of person or grossly indecent acts

138. Indecent documents

139. Considerations determining whether or not document is indecent

Sexual Crimes

140. Sexual intercourse defined

141. Rape

142. Attempt to commit rape

143. Incest

144. Sexual intercourse with girl under care or protection

145. Sexual intercourse with girl under twelve

146. Indecency with girl under twelve

147. Sexual intercourse or; indecency with girl between twelve and sixteen

148. Indecent assault on woman or girl

149. Conspiracy to induce sexual intercourse

150. Inducing sexual intercourse under pretence of marriage

151. Sexual intercourse with idiot or imbecile woman or girl

152. Indecent act between woman and girl

153. Indecency between man and boy

154. Indecency between males

155. Sodomy

156. Bestiality

157. Indecency with animal

Crimes against Public Welfare

158. Criminal nuisance

159. Keeping place of resort for homosexual acts

160. Brothel-keeping

161. Living on earnings of prostitution

162. Procuring sexual intercourse

163. Prostitution

164. Misconduct in respect of human remains

165. Witchcraft

Public Health

166. Laying poison

167. Polluting water

168. Sale of unwholesome provisions

169. Insanitary premises

Cruelty to animals

170. Cruelty to animals

PART VIII

CRIMES AGAINST THE PERSON

Duties Tending to the Preservation of Life

171. Duty to provide the necessaries of life

172. Duty of parent or guardian to provide necessaries

173. Duty of employers to provide necessaries

174. Abandoning child under six

175. Duty of persons doing dangerous acts

176. Duty of persons in charge of dangerous things

177. Duty to avoid omissions dangerous to life

178. Homicide defined

179. Killing of a child

180. Culpable homicide

181. Procuring death by false evidence

182. Death must be within a year and a day

183. Killing by influence on the mind

184. Acceleration of death

185. Causing death that might have been prevented

186. Causing injury the treatment of which causes death

Murder, Manslaughter, etc.

187. Murder defined

188. Further definition of murder

189. Provocation

190. Illegal arrest may be evidence of provocation

191. Manslaughter

192. Punishment of murder

193. Attempt to murder

194. Counselling or attempting to procure murder

195. Conspiracy to murder

196. Accessory after the fact to murder

197. Punishment of manslaughter

198. Infanticide

199. Aiding and abetting suicide

200. Suicide pact

201. Concealing dead body of child

Abortion

202. Killing unborn child

203. Procuring abortion by drug or instrument

204. Procuring abortion by other means

205. Female procuring her own miscarriage

206. Supplying means of procuring abortion

207. Effectiveness of means used immaterial

Assaults and Injuries to the Person

208. Wounding with intent

209. Injuring with intent

210. Injuring by unlawful act

211. Aggravated wounding or injury

212. Aggravated assault

213. Assault with intent to injure

214. Assault on a child, or by a male on a female

215. Cruelty to a child

216. Common assault

217. Award of part of fine as compensation to party injured by assault

218. Assaulting or resisting constables, etc.

219. Disabling

220. Discharging firearm or doing dangerous act with intent

221. Acid throwing

222. Poisoning with intent

223. Infecting with disease

224. Setting traps, etc.

225. Endangering transport

226. Impeding rescue

Bigamy, Feigned Marriage

227. Bigamy defined

228. Punishment of Bigamy

229. Feigned marriage

Abduction, Kidnapping

230. Abduction of woman or girl

231. Kidnapping

232. Abduction of child under sixteen

PART IX

CRIMES AGAINST REPUTATION

Crimes against Reputation

233. Criminal libel and publishing defined

234. Publishing upon invitation

235. No prosecution without leave of Judge

236. Plea of Justification

237. Punishment of criminal libel

238. Criminal slander

PART X

CRIMES AGAINST RIGHTS OF PROPERTY

Theft

239. Things capable of being stolen

240. Theft of electricity

241. Animals capable of being stolen

242. Theft defined

243. Theft of animals

244. Theft by person required to account

245. Theft by person holding power of attorney

246. Theft by misappropriating proceeds held under direction

247. Theft by co-owner

248. Theft by husband or wife

249. Punishment of theft

Crimes Resembling Theft

250. Conversion or attempted conversion of motorcars, etc.

251. Being in possession of instrument for conversion

251A. Taking or dealing with certain documents with intent to defraud

252. Criminal breach of trust

253. Dishonestly destroying document

254. Dishonest concealment

255. Bringing into the Cook Islands things stolen, etc.

Robbery and Extortion

256. Robbery

257. Aggravated robbery

258 Compelling execution of documents by force

259. Assault with intent to rob

260. Extortion by certain threats

261. Demanding with intent to steal

Burglary

262. Interpretation

263. Burglary

264. Entering with intent

265. Being armed with intent to break or enter

266. Being disguised or in possession of instruments for burglary

267. Being found on property without lawful excuse but not under circumstances disclosing criminal intent

False Pretences

268. Definition of false pretence

269. Obtaining by false pretence

270. Obtaining credit fraudulently

Personation

271. Personation

272. Acknowledging instrument in false name

Fraud

273. False statement by promoter, etc.

274. Falsifying accounts relating to public funds

275. False accounting by officer or member of body corporate

276. False accounting by employee

277. False statement by public officer

278. Issuing false dividend warrants

279. Concealing deeds and encumbrance

280. Conspiracy to defraud

Receiving

281. Receiving property dishonestly obtained

282. Receiving property of husband or wife

283. When receiving is complete

284. Receiving after restoration to owner

285. Taking reward for recovery of stolen goods

Forgery

286. Interpretation

287. Forgery

288. Punishment of forgery

289. Uttering forged documents

290. Counterfeiting public seals

291. Counterfeiting corporate seals

292. Sending false telegram

293. Procuring execution of document by fraud

294. Possessing forged bank notes

295. Drawing document without authority

296. Using probate obtained by forgery or perjury

297. Paper or implements for forgery

298. Counterfeiting stamps

299. Falsifying registers

300. Falsifying extracts from registers

301. Uttering false certificates

302. Forging certificates

303. Imitating authorised marks

304. Imitating customary marks

Coinage

305. Interpretation

306. Preparations for coining

307. Counterfeiting coin

308. Altering coin

309. Impairing coin

310. Defacing coin

311. Melting coin

312. Possessing counterfeit coin

313. Uttering counterfeit coin

314. Buying and selling counterfeit coin

315. Importing and exporting counterfeit coin

Criminal Damage

316. What constitutes criminal damage

317. Arson

318. Attempted arson

319. Damage to other property by fire or explosive

320. Attempt to damage property by fire or explosive

321. Wilful damage

322. Wilful waste or diversion of water, gas, or electricity

323. Interfering with means of transport

324. Wrecking

325. Attempting to wreck

326. Interfering with signals, etc.

327. Interfering with mills

328. Providing explosive to commit crime

PART XI

THREATENING, CONSPIRING, AND ATTEMPTING TO COMMIT OFFENCES

329. Threatening to kill or do grievous bodily harm

330. Threatening to destroy property

331. Threatening acts

332. Conspiring to prevent collection of rates or taxes

333. Conspiring to commit offence

334. Attempt to commit or procure commission of offence

335. Accessory after the fact to crime

PART XII

PROCEDURE

336.-411. [Repealed]

PART XIII

MISCELLANEOUS PROVISIONS

412. [Repealed]

413. [Repealed]

414. Costs

415. Compensation for loss of property

416. Restitution of property

417. Civil remedy not suspended

418. Act to bind the Crown

419. Regulations

420. Amendments, repeals and revocation

Schedules

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1969, No. 20

An Act to provide a Criminal Code relating to offences, defences, and procedures

(27 January 1970)

BE IT ENACTED by the Legislative Assembly of the Cook Islands in Session assembled, and by the authority of the same, as follows:

1. Short Title and division into Parts - (1) This Act may be cited as the Crimes Act 1969.

(2) This Act is divided into Parts, as follows:

Part I - Jurisdiction (Sections 4 to 11)

Part II - [Repealed]

Part III - Matters of Justification or Excuse (Sections 23 to 67)

Part IV-Parties to the Commission of offences (Sections 68 to 74)

Part V - Crimes against Public Order (Sections 75 to 109)

Part VI - Crimes affecting the administration of Law and Justice, (Sections 110 to 133)

Part VII - Crimes against Religion, Morality, and Public Welfare (Sections 134 to 170)

Part VIII - Crimes against the Person (Sections 171 to 232)

Part IX - Crimes against Reputation (Sections 233 to 238)

Part X - Crimes against rights of Property (Sections 239 to 328)

Part XI - Threatening, Conspiring and Attempting to commit Offences (Sections 329 to 355)

Part XII - [Repealed] (Sections 336 to 411)

Part XIII - Miscellaneous Provisions (Sections 412 to 420)

2. Interpretation- (1) In this Act, unless the context otherwise requires,-

"Aerodrome" has the same meaning as in the Civil Aviation Act 1964 of the New Zealand Parliament;

"Aircraft" has the same meaning as in Civil Aviation Act 1964 of the New Zealand Parliament; and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand;

"assault" means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other to believe on reasonable grounds that he has present ability to effect his purpose; and "to assault" has a corresponding meaning;

"Cook Islander" means a person belonging to the part of the Polynesian race indigenous to the Cook Island; and includes any person descended from a Cook Islander;

"Cook Islands" includes the territorial waters of the Cook Islands;

"Cook Islands aircraft" means any aircraft ordinarily operating in the Cook Islands and required to be registered in New Zealand under the Civil Aviation Act 1964 of the New Zealand Parliament;

"Cook Islands ship" means any ship ordinarily operating in the Cook Islands;

"Commonwealth country" means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible;

"Commonwealth ship" means a ship registered or required to be registered in any Commonwealth country, or recognised by the law of any Commonwealth country as a ship belonging to that country; and includes any ship for the time being used as a ship of any of the armed forces of any country in the Commonwealth;

"Crime involving dishonesty" means any crime described in Part X of this Act, except the crimes described in 316 to 328 (which relate to criminal damage);

"Criminally responsible" means liable to punishment for an offence;

"Day", or "daytime", means the interval between six o'clock in the morning of any day and nine o'clock at night of the same day;

"Foreign ship" means a ship that is not a Commonwealth ship;

"To injure" means to cause actual bodily harm;

"Indecent document" means any book, newspaper, picture, photograph, print, or writing, and any paper or other thing of any description whatsoever, which has printed or impressed upon it, or otherwise attached thereto, or appearing, shown, or exhibited in any manner whatsoever thereon, any indecent word, statement or significant sign, or any indecent picture, illustration, or representation;

"Is liable" means is liable on conviction;

"Justice" means Justice of the Peace;

"Justified", in relation to any person, means not guilty of an offence and not liable to any civil proceeding;

"Maori language" means the language indigenous to the Cook Islands;

"Medical officer" means a medical officer employed in the Public Service;

"New Zealand forces" means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force;

"Night", or "night-time" means the interval between nine o'clock at night and six o'clock in the following morning;

"Offence" means any act or omission for which any one can be punished under this Act or under any other enactment;

"Person", "owner", and other words and expressions of the like kind include the Crown and any public body or Island Council, and any board, society, or company, and any other body of persons, whether incorporated or not;

"Property" includes real and personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest;

"Protected from criminal responsibility" means not liable to any proceeding except a civil proceeding;

"Public money" means money, or securities of any kind for the payment of money, received for or on account of, or payable to, or deposited with, the Government of the Cook Islands or any Department or agency of the said Government, or any Island Council;

"Public place" means any road, any place or public resort open to or used by the public as of right, any wharf or jetty, any vessel at a wharf or jetty or within one mile of the shore, any church or other building where Divine service is being publicly held, any hall or room in which any public entertainment is being held, and any market place;

"Registrar" means any Registrar of the Court; and includes any Deputy Registrar;

"Ship" means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country;

"Superintendent" means the Superintendent of a prison;

"Territorial waters", in relation to any country, means such part of the sea adjacent to the coast of that country and is within the territorial sovereignty of that country;

"Valuable security" includes every document forming the title or evidence of the title to any property of any kind whatever; and also includes any negotiable instrument, bill of exchange, cheque, or promissory notes.

(2) When it is provided in this Act that any one is liable to any punishment for doing or omitting any act, every person doing or omitting that act is, subject to the provisions of this Act, guilty of a crime.

[Amended Act 1977/14; Act 1981/17; Act 1989/33]

3. Meaning of "ordinarily resident in the Cook Islands" - For the purpose of this Act, a person shall be deemed to be ordinarily resident in the Cook Islands if-

(a) His home is in the Cook Islands; or

(b) He is residing in the Cook Islands with the intention of residing therein indefinitely; or

(c) Having resided in the Cook Islands with the intention of establishing his home therein, or with the intention of residing in the Cook Islands indefinitely, he is outside the Cook Islands but has an intention to reside in the Cook Islands indefinitely.

PART I

JURISDICTION

4. Application of Act - (1) This Act applies to all offences for which the offender may be proceeded against and tried in the Cook Islands.

(2) This Act applies to all acts done or omitted in the Cook Islands.

5. Persons not to be tried in respect of things done outside the Cook Islands - Subject to the provisions of section 6 of this Act, no act done or omitted outside the Cook Islands 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 the Cook Islands, the offence shall be deemed to be committed in the Cook Islands, whether the person charged with the offence was in the Cook Islands or not at the time of the act, omission, or event.

7. Jurisdiction in respect of crimes on ships or aircraft beyond the Cook Islands - (1) This section applies to any act done or omitted beyond the Cook Islands by any person -

(a) On board any Commonwealth ship; or

(b) On board any Cook Islands aircraft; or

(c) On board any ship or aircraft, if that person arrives in the Cook Islands 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 British subject, on board any foreign ship (not being a ship to which he belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or

(e) Being a person ordinarily resident in the Cook Islands, on board any aircraft:

Provided that paragraph (c) of this subsection shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.

(2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within the Cook Islands, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), the, subject to the provisions of this Act and of that other enactment, he shall be liable on conviction as if the act or omission had occurred in the Cook Islands:

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 the Cook Islands any person who belongs, or within three months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1), of this section applies, and that act or omission would, if it occurred within the Cook Islands, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as it had occurred on board a Commonwealth ship.

(4) The provisions of this sections shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.

(5) This section shall be read subject to the provisions of section 412 of this Act.

(6) In this section, the expression "British subject" includes a British protected person within the meaning of the British Nationality and Citizenship Act 1948 of the New Zealand Parliament.

(7) Nothing in this section shall apply with respect to any crime against the Shipping Ordinance 1963.

8. Common law offences - No person shall be proceeded against for any criminal offence at common law.

9. Offence under more than one enactment - (1) Where an actor omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.

(2) Where an act or omission constitutes an offence under two or more Acts other than this Act, the offender my be prosecuted and punished under any one of those Acts.

(3) Where an act or omission constitutes an offence under two or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.

(4) No one shall be liable on conviction to be punished twice in respect of the same offence.

10. Construction of other Acts - (1) Every Act shall be read and construed as if any offence therein mentioned for which the offender may be prosecuted by information (however the offence may be therein described or referred to) were described or referred to as a crime; and all provisions of this Act relating to crimes generally shall apply to every such offence.

(2) Every commission, Proclamation, warrant, or other document relating to criminal procedure in which offences that are crimes as defined by this Act are described or referred to by any names whatever shall be read and construed as if those offences were therein described and referred to as crimes.

11. Summary Jurisdiction - Nothing in this Act shall be construed to limit or affect in any way any provision made by say other Act for the trial and punishment of offences in a summary way.

PART II

PUNISHMENTS

12.-22. [Repealed]

[Repealed Act 1980-81/28]

PART III

MATTERS OF JUSTIFICATION OR EXCUSE

23. General rule as to Justifications - (1) All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall remain in force and apply in respect of a charge of say offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.

(2) The matters provided for in this Part of this Act are hereby declared to be justifications or excuses in the case of all charges to which they are applicable.

Infancy

24. Children under ten - (1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of ten years.

(2) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

25. Children between ten and fourteen - (1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of ten but under the age of fourteen years, unless he knew either that the act or omission was wrong or that it was contrary to law.

(2) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

Insanity

26. Insanity - (1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.

(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable-

(a) Of understanding the nature and quality of the act or omission; or

(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

(3) Insanity before or after the time when he did or omitted the act, and insane delusions, though only partial, may be evidence that the offender was, at the time when he did or omitted the act, in such a condition of mind as to render him irresponsible for the act or omission.

(4) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

Compulsion

27. Compulsion - (1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who in present when the offence in committed that protected from criminal responsibility if he believes at the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.

(2) Nothing in subsection (1) of this section shall apply where the offence committed is aiding or abetting rapes or is an offence specified in any of the following provisions of this Act, namely:

(a) Section 75 (treason) or section 80 (communicating secrets);

(b) Section 81 (sabotage);

(c) Section 103 (piracy);

(d) Section 104 (piratical acts);

(e) Sections 187 and 188 (murder);

(f) Section 193 (attempt to murder);

(g) Section 208 (wounding with intent);

(h) Subsection (1) of section 209 (injuring with intent to cause grievous bodily harm);

(i) Section 230 (abduction);

(j) Section 231 (kidnapping);

(k) Section 256 (robbery);

(l) Section 317 (arson).

(3) Where a married woman commits an offence, the fact that her husband was present at the commission of it shall not of itself raise the presumption of compulsion.

Ignorance of law

28. Ignorance of law - The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Sentence or Process

29. Execution of sentence, process, or warrant - (1) Every ministerial officer of any Court authorised execute a lawful sentence, and every Superintendent of any prison and every person lawfully assisting any such ministerial officer or Superintendent, is justified in executing the sentence.

(2) Every ministerial officer of any Court duly authorised to execute any lawful process of the Court, whether of a civil or a criminal nature, and every person lawfully assisting him, is justified in executing it and every Superintendent required under the process to receive and detain any person is justified in receiving and detaining him.

(3) Every one duly authorised to execute a lawful warrant issued by any Court or Justice or other person having jurisdiction to issue the warrant, and every person lawfully assisting him, is justified in executing the warrant; and every Superintendent required under the warrant to receive and detain any person is justified in receiving and detaining him.

30. Execution of erroneous sentence or process - If a sentence is passed or a process is issued by a Court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a Court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, Superintendent, or other person authorised to execute it, and by every person lawfully assisting him, notwithstanding that-

(a) The Court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or

(b) The Court or other person issuing the warrant had no jurisdiction to issue it, or exceed its or his jurisdiction in issuing it, in the particular case.

31. Sentence or process without Jurisdiction - (1) Every officer, superintendent, or person executing any sentence, process, or warrant, and every person lawfully assisting him, shall be protected from criminal responsibility if-

(a) He acts in good faith under the belief that the sentence or process was that of a Court having jurisdiction, or, as the case may be, that the warrant was that of a Court, Justice, or other person having authority to issue warrants; and

(b) It is proved that the person passing the sentence or issuing the process acted as such a Court under colour of having some appointment or commission lawfully authorising him to act as such a Court, or, as the case may require, that the person issuing the warrant acted as a Justice or other person having authority to do so.

(2) This section shall apply notwithstanding that, in fact,-

(a) Any such appointment or commission an aforesaid did not exist or had expired; or

(b) The Court or the person passing the sentence or issuing the process was not the Court or the person authorised by the appointment or commission to act; or

(c) The person issuing the warrant was not duly authorised to issue it.

32. Irregular warrant or process - (1) Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.

(2) It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.

Arrest

33. Arresting the wrong person - (1) Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

(2) Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every Superintendent who is required to receive and detain the person arrested, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

34. Arrest by constable pursuant to statutory powers - Every constable is justified in arresting any person without warrant in accordance with the provisions of section 338 of this Act or in accordance with any other enactment conferring on him a power so to arrest.

35. Arrest by constable of person believed to have committed offence - where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

36. Arrest by other officers or persons pursuant to statutory powers - Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment.

37. Persons assisting constable or officer in arrest - (1) Every one called upon by a constable to assist him in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he knows that there is no reasonable ground for the belief or suspicion.

(2) Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him in arresting without warrant any one who has committed or is found committing any offence every person so called upon is justified in assisting unless he knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.

38. Arrest of persons found committing certain crimes - Every one is justified in arresting without warrant-

(a) Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than three years' imprisonment;

(b) Any person whom he finds by night committing any offence against this Act.

39. Arrest of person believed to be committing crime by night - Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

40. Arrest after commission of certain crimes - Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.

41. Arrest during flight - (1) Every one is protected from criminal responsibility for arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence.

(2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

Use of Force

42. Force used in executing process or in arrest -Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

Provided that, except in the case of a constable or person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

43. Preventing escape or rescue - (1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification or protection, as the case may be, shall extend and apply to the use of such force as may be necessary-

(a) To prevent the escape of that other person if he takes to flight in order to avoid arrest; or

(b) To prevent the escape or rescue of that other person after his arrest -

unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:

Provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

(2) Where any inmate of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him, is justified in using such force as may be necessary to prevent the escape of or to recapture the inmate, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

44. Prevention of suicide or certain offences - Everyone is justified in using much force as may be reasonably necessary in order to prevent the commission of suicides or the commission of an offence which would be likely to cause immediate and serious injury to the person or, property of any one, or in order to prevent any act being do which he believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

Breach of the Peace

45. Preventing breach of the peace - (1) Every one who witnesses reach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him into the custody of a constable:

Provided that the person interfering shall use no more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.

(2) Every constable who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds committing it.

(3) Every constable is justified in receiving into custody any person given into his charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it.

46. Suppression of riot - Every one is justified in using such force as is necessary to suppress a riot, if this force used is not disproportionate to the danger to be apprehended from the continuance of the riot.

47. Suppression of riot by Police - The senior member of the Police for the time being acting at the place of any riot is justified in using and ordering to be used, and every constable is justified in using, such force an he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot.

48. Suppression of riot by persons acting under lawful orders - (1) Every one acting in good faith in obedience to orders for the suppression of any riot given by the senior member of the Police for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protected from criminal responsibility for using such force as he believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect.

(2) It is a question of law whether any particular order is manifestly unlawful or not.

49. Suppression of riot by persons without orders - Every one who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of the Police, is justified in using such force as he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable grounds, is to be apprehended from the continuance of the riot.

Defence Against Assault

50. Self-defence against unprovoked assault - (1) Everyone unlawfully assaulted, not having provoked the assault, is justified in repelling force by force, if the force he uses-

(a) Is not meant to cause death or grievous bodily harm; and

(b) Is no more than is necessary for the purpose of self-defence.

(2) Everyone unlawfully assaulted, not having provoked the assault, is justified in repelling force by force although in so doing he causes death or grievous bodily ham, if-

(a) He causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was original made or with which the assailant pursues his purpose; and

(b) He believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

[Repealed Act 1981/17. Status uncertain - Act 1989/33]

51. Self-defence against provoked assault - Everyone who has assaulted another without justification, or has provoked an assault from that other, may nevertheless justify force used after the assault if-

(a) He used the force under reasonable apprehension of death or grievous bodily harm from the violence of the party first assaulted or provoked and in the belief, on reasonable grounds, that it was necessary for his own reservation from death or grievous bodily harm; and

(b) He did not begin the assault with intent to kill or do grievous bodily harm and did not endeavour, at any time before the necessity for preserving himself arose, to kill or do grievous bodily harm; and

(c) Before the force was used, he declined further conflict and quilted or retreated from it as far as was practicable.

[Repealed Act 1981/17. Status uncertain - Act 1989/33]

52. Provocation defined - Provocation within the meaning of section 50 and 51 of this Act may be by blows, words or gestures.

[Repealed Act 1981/17. Status uncertain - Act 1989/33]

53. Defence of person under protection - Every one is justified in using force, in defence of the person of one under his protection, against an assault, if he uses no more force than is necessary to prevent the assault or the repetition of it:

Provided that this section shall not justify the wilful infliction of any hurt or mischief disproportionate to the assault that it was intended to prevent.

[Repealed Act 1981/17. Status uncertain - Act 1989/33]

Defence of Property

54. Defence of movable property against trespasser- (1) Every one in peaceable possession of any movable thing, and every one lawfully assisting him, is justified in using reasonable force to resist the taking of the thing by trespasser or to retake it from any trespasser either case he does not strike or do bodily harm to the trespasser.

(2) If, after any one having peaceable possession of any movable thing has laid hands upon it, the trespasser persists in attempting to keep it, or to take it from the possessor or from any one lawfully assisting him, the trespasser shall be deemed to commit an assault without justification or provocation.

[Amended Act 1981/17; Act 1989/33]

55. Defence of movable property with claim of right-(1) Every one in peaceable possession of say movable thing under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending his possession by the use of reasonable force, even against a person entitled by law to possession, if does not strike or do bodily harm to the other person.

(2) If the person entitled by law to possession thereupon attempts to take the thing from or otherwise assaults the possessor, or any one acting under his authority, the assault shall be deemed to be without at justification cat on or provocation.

[Amended Act 1981/17; Act 1989/33]

56. Defence of movable Property without claim of right - (1) Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his possession and the person entitled by law to possession.

(2) If the person entitled by law to possession attempts to retake the thing, and the possessor resists, and the person so entitled thereupon assaults the possessor, he assault shall be deemed to have been provoked, although the possessor may not have assaulted the person so entitled to possession.

[Amended Act 1981/17; Act 1989/57.]

57. Defence of dwellinghouse - Every one is in peaceable possession of a dwellinghouse, and every one lawfully assisting him or acting by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he believes, on reasonable and probable grounds, that there in no lawful justification for the breaking and entering.

58. Defence of land or building- (1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom, if he does not strike or do bodily harm to that person.

(2) If the last-mentioned person resists the attempt to prevent his entry or to remove him, he shall be deemed to commit an assault without justification.

[Amended Act 1981/17; Act 1989/33]

Peaceable Entry

59. Assertion of right to land or building - (1) Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he, or some person under whose authority he acts, is lawfully entitled, for the purpose of taking possession thereof.

(2) If any person, not having peaceable possession of any land or building with a claim of right, and not acting under the authority of a person having such possession, assaults any one peaceably entering as aforesaid, for the purpose of making him desist from entry, the assault shall be deemed to be without justification or provocation.

(3) If any person having peaceable possession of any land or building with a claim of right, or any person acting by his authority, assaults any one entering as aforesaid, for purpose of making him desist from entry, the assault shall be deemed to be provoked by the person entering.

[Amended Act 1981/17; Act 1989/33]

60. Exercise of right of way, etc. - Every one lawfully entitled to enter on any land for the exercise of any right at way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:

Provided that if any one so entering has notice that his right; to use that way or easement, or to take that profit, is disputed by the person in possession of the land, as assault committed by that person, or by any person acting under his authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering.

Powers of Discipline

61. Domestic discipline - (1) Every parent or person in the place of a parent, and every schoolmaster, is justified in using force by way of correction towards any child or pupil under his care, if the force used is reasonable in the circumstances.

(2) The reasonableness of the force used is a question of fact.

62. Discipline on ship or aircraft - (1) The master or officer in command or a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose maintaining good order and discipline on board his ship or aircraft it he believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances.

(2) Every one acting in good faith in justified in using force in obedience to any order given by the motor or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.

(3) The reasonableness of the grounds on which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact.

Surgical Operations

63. Surgical operations - Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any part for his benefits, if the performance of the operation was reasonable, having regard to the patient's state at the time and to all the circumstances of the case.

General Provisions

64. Excess of force - Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

65. Consent to death - No one has a right to consent to the infliction of death upon himself; and, if any person is killed, the fact that he gave any such consent shall not affect the criminal responsibility of any person who is a party to the killing.

66. Obedience to as facto law - Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession de facto of the sovereign power in and over the place where the act is done.

67. Other enactments not affected - Nothing in this Act shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint on any person

PART IV

PARTIES TO THE COMMISSION OF OFFENCES

68. Parties to offences - (1) Every one is a party to and guilty of an offence who-

(a) Actually commits the offence; or

(b) Does or omits an act for the purpose of aiding any person to commit the offences; or

(c) Abets any person in the commission of the offence; or

(d) Incites, counsels, or procures any person to commit the offence.

(2) Where two or more persons form a common intention to prosecute any unlawful purposes and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

69. Husband and wife conspiring - A man shall be capable of conspiring with his wife, or with his wife and any other person; and a woman shall be capable of conspiring with her husband, or with her husband and any other person.

70. Party to murder outside the Cook Islands - (1) Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding fourteen years who, in the Cook Islands, incites, counsels, or procures the doing or omission of an act outside the Cook Islands which, if done or omitted in the Cook Islands would be murder.

(2) Every one is liable to imprisonment for a term not exceeding ten years who, in the Cook Islands, incites, counsels, or attempts to procure the doing or omission of an act outside the Cook Islands which, if done or omitted in the Cook Islands, would be murder, when no such act is in fact done or omitted.

71. Party to any other crime outside the Cook Islands - (1) Every one is liable to imprisonment for a term not exceeding fourteen years who, in the Cook Islands aids, incites, counsels, or procures the doing or omission outside the Cook Islands, by any person not owing allegiance to Her Majesty the Queen in right of New Zealand, of any act which, if done or omitted outside the Cook Islands by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or communicating secrets, as specified in sections 75, 79, and 80 of this Act.

(2) Every one is liable to imprisonment for a term not exceeding ten years who, in the Cook Islands, incites, counsels, or attempts to procure the doing or omission outside the Cook Islands of any act which, if done or omitted in the Cook Islands, would be any such crime as aforesaid, when that act is not in fact done or omitted.

(3) Every one who, in the Cook Islands, aids, incites, counsels, or procures the doing or omission outside the Cook Islands of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in the Cook Islands, would be a crime other than murder, is liable to imprisonment for a term not exceeding that proscribed for the crime, or seven years, whichever is the loss:

Provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be done or omitted.

(4) Except as otherwise provided in this Act, no one be convicted of inciting, counselling, or attempting to procure in the Cook Island the doing or omission of an act outside Cook Islands when that act is not in fact done or omitted.

72. Offence committed other than offence intended - (1) Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from what which was incited, counselled, or suggested.

(2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

73. Accessory after the fact - (1) An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape arrest or to avoid arrest or conviction.

(2) No married person whose spouse has been a party to an offence shall become an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse, or the spouse and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.

74. Attempts - (1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

PART V

CRIMES AGAINST PUBLIC ORDER

Treason and Other Crimes Against the Queen and the State

75. Treason - Every one owing allegiance to Her Majesty the Queen in right of New Zealand commits treason who, within or outside the Cook Islands-

(a) Kills or wounds or does grievous bodily harm to Her Majesty the Queen, or imprisons or restrains her; or

(b) Levies war against the Cook Islands; or

(c) Assists an enemy at war with the Cook Islands or New Zealand, or say armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between the Cook Islands or New Zealand and any other country; or

(d) Incites or assists any person with force to invade the Cook Islands or New Zealand; or

(e) Uses force for the purpose of overthrowing the Government of the Cook Islands; or

(f) Conspires with any person to do anything mentioned in this section.

76. Punishment for treason or attempted treason - (1) Except otherwise provided in this Act every one who commits treason within the meaning of any of the provisions of paragraphs (a) to (e) of section 75 of this Act shall upon conviction be sentenced to death.

(2) Every one is liable to imprisonment for a term not exceeding fourteen years who commits treason within the meaning of paragraph (f) of the said section 75.

(3) Every one is liable to imprisonment for a term not exceeding fourteen years who, owing allegiance to Her Majesty the Queen in right of New Zealand, attempts to commit treason within or outside the Cook Islands.

77. Evidence of treason - (1) No one shall be convicted of treason on the e evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

(2) Nothing in subsection (1) of this section shall apply to treason within the meaning of paragraph (a) of section 75 of this Act.

78. Punishment for being party to treason - Every one is liable to imprisonment for a term not exceeding Seven years who-

(a) Becomes an accessory after the fact to treason; or

(b) Knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission.

79. Inciting to mutiny - Every one owing allegiance to Her Majesty the Queen in right of New Zealand is liable to imprisonment for a term not exceeding ten years who, within or outside the Cook Islands, for any traitorous or Mutinous purpose,-

(a) Endeavours at any time to seduce any person serving in the New Zealand forces from his duty; or

(b) During any war or state of hostilities in which New Zealand forces are engaged, endeavours to seduce any person serving in any allied armed force, whether a Commonwealth force or not, from his duty.

80. Communicating secrets - Every one owing allegiance to Her Majesty the queen in right of New Zealand is liable to imprisonment for a term not exceeding fourteen years who, within or outside the Cook Islands,-

(a) With intent to prejudice the safety, security or defence of the Cook Islands, communicate, or makes available to any person any military or scientific information, or any sketch, photograph, map, plan, model, design, pattern, specimen, article, note, or document of a military or scientific character, the communication or making available of which is likely to prejudice the safety, security, or defence of the Cook Islands; or

(b) Conspires with any person to do anything mentioned in paragraph (a) of this section.

81. Sabotage - (1) Every one is liable to imprisonment for a term not exceeding ten years who, with intent to prejudice the safety, security, or defence of the Cook Islands, or the safety or security of the armed forces of any other country, lawfully present in the Cook Islands,-

(a) Impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or

(b) Damages or destroys any property which it is necessary to keep intact for the safety or health of the public.

(2) No person shall be convicted of an offence against this section by reason only of the fact that he takes part in any strike or lockout.

Seditious Offences

82. Oath to commit offence - (1) Every one is liable to imprisonment for a term not exceeding five years who-

(a) Administers or is present at and consenting to the administration of any oath or engagement purporting to bind the person taking the same to commit any offence; or

(b) Attempts to induce or compel any person to take any such oath or engagement; or

(c) Takes any such oath or engagement.

(2) No one who has been acquitted or convicted of any offence against this section is liable to be afterwards tried for treason, or for being accessory after the fact to treason, in respect of the same matter.

83. Seditious offences defined - (1) A seditious intention is an intention-

(a) To bring into hatred or contempt, or to excite disaffection against, Her Majesty the Queen in the right of New Zealand or the Government of the Cook Islands, or the administration of justice; or

(b) To incite the public or any persons or any class of persons to attempt to procure otherwise than by lawful means the alteration of any matter affecting the Constitution, laws, or Government of the Cook Islands; or

(c) To incite, procure, or encourage violence, lawlessness, or disorder; or

(d) To incite, procure, or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order; or

(e) To excite such hostility or ill will between different classes of persons as may endanger the public safety.

(2) Without limiting any other legal justification, excuse, or defence available to any person charged with any offence, it is hereby declared that no one shall be deemed to have a seditious intention only because he intends in good faith-

(a) To show that Her Majesty the Queen in right of New Zealand has been misled or mistaken in her measures; or

(b) To point out errors or defects in the Government or Constitution of the Cook Islands, or in the administration of justice; or to incite the public or any persons to attempt to procure by lawful mean the alteration of any matter affecting the Constitution, laws, or Government of the Cook Islands; or

(c) To point out, with a view to their removal, matters producing or having a tendency to produce feelings of hostility or ill will between different classes of person.

(3) A seditious conspiracy is an agreement between two or more persons to carry into execution any seditious intention.

(4) For the purposes of sections 85 to 87 of this Acts,-

"To publish" means to communicate to the public or to any person or persons, whether in writing, or orally, or by any representation, or by any means of reproduction whatsoever;

"Statement" includes words, writing, pictures, or any significant expression or reproduction, by any means whatsoever, of any statement.

84. Seditious conspiracy - Every one is liable to imprisonment for a term not exceeding two years who is a party to any seditious conspiracy.

85. Seditious statements - Every one is liable to imprisonment for a term not a exceeding two years who makes or publishes, or causes or permits to be made or published, any statement that expresses any seditious intention.

86. Publication of seditious documents - (1) Every one to liable to imprisonment for a term not exceeding two years who, with a seditious intention,-

(a) Prints, publishes, or sells; or

(b) Distributes or delivers to the public or to any person or persons; or

(c) Causes or permits to be printed, published, or solid, or to be distributed or delivered as aforesaid; or

(d) Has in his possession for sale, or for distribution or delivery as aforesaid; or

(e) Brings, or causes to be brought or sent into the Cook Islands,-

any document, statement, advertisement, or other matter that expresses any seditious intention.

(2) Any constable may seize any document, statement, or advertisement, or any other written or printed matter, in respect of which an offence under this section is committed or is reasonably suspected by him to have been committed.

87. Use of apparatus for making seditious documents statements - Every one is liable to imprisonment for a term not exceeding two years, who, having in his possession or under his control any printing press, or any mechanical, photographic, or electrical apparatus, or any other apparatus whatsoever -

(a) Uses it; or

(b) Causes or permits it to be used-

for printing, making, or publishing, or for facilitating the printing, making, or publishing of, any document, statement, advertisement, or other matter that expresses or will express any seditious intention.

Unlawful Assemblies, Riots, and Breaches of the Peace

88. Unlawful assembly - (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the person so assembled-

(a) Will disturb the peace tumultuously; or

(b) Will, by that assembly, needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

(2) Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose.

(3) An assembly of three or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit a crime therein is not unlawful.

(4) Every member of an unlawful assembly is liable to imprisonment for a term not exceeding one year.

89. Riot - (1) A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

(2) Every rioter is liable to imprisonment for a term not exceeding two years.

90. Reading the Riot Act - (1) Where twelve or more persons are unlawfully, riotously, and tumultuously assembled together in any place to the disturbance of the public peace, any Judge of Justice may, at the request of the senior member of the Police for the time being acting in that place, go to the place where the assembly is, and, among the rioters or as near to them as he can safely come, with a loud voice command silence, and then, openly and with a loud voice, make or cause to be made a proclamation in the following words, or to a like effect:

"Her Majesty the Queen commands all of you to disperse immediately and to go quietly to your homes or to your lawful business, upon pain of being charged with an offence punishable by imprisonment for five years."

"GOD SAVE THE QUEEN"

(2) All persons are liable to imprisonment for a term not exceeding five years who-

(a) Wilfully and with force oppose, hinder, or hurt any person who begins or is about to make or is making the said proclamation, so that it is not made; or

(b) Continue together to the number of twelve or more for one hour after the proclamation is made, or, if they know that its making was hindered as aforesaid, for one hour after such hindrance.

(3) No person shall be prosecuted for any offence against this section unless the prosecution is commenced within twelve months from the time when the offence was committed.

91. Failure of rioters to disperse - (1) If on the expiry of the period of one hour referred to in subsection (2) of section 90 of this Act twelve or more persons remain assembled, it is the duty of every constable, and of every one required by him to, assist, to arrest the persons so assembled.

(2) If by reason of the resistance of the persons so assembled one of them is killed or hurt in the arrest or attempted arrest of them, or in the endeavour to disperse them, every person ordering their arrest or dispersal, and every person carrying out any such order, shall be justified in having so acted.

(3) Nothing in this section shall limit or affect in any way any duties or powers imposed or given by this Act in respect of the suppression of riots before or after the making of the said proclamation.

92. Riotous destruction of buildings, etc. - All persons are liable to imprisonment for a term not exceeding seven years who, being riotously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force demolish or pull down or damage or begin to demolish or pull down or damage-

(a) Any building whatever;

(b) Any machinery whatever, whether fixed or movable;

(c) Any structure, erection, bridge, vehicle, apparatus, or equipment used in any undertaking carried on by the Crown or any public body or local authority, or used in the farming of land or in the carrying on of any trade, manufacture, or business.

93. Forcible entry and detainer - (1) Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he is entitled to enter.

(2) Every one commits forcible detainer when, being in actual possession of land without colour of right, he detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land,

(3) Whether there was actual possession, or colour of right is a question of fact.

(4) Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding one year.

94. Carrying offensive weapon in public place without lawful excuse - (1) Every one commits an offence and is liable to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred dollars who, without lawful authority or reasonable excuse, the proof of which shall be on him, has with him in any public lace any offensive weapon.

(2) Where any person is convicted of an offence against this section the Court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.

(3) Any constable who has reasonable cause to believe that any person is committing an offence against this section may arrest that person without warrant, if the constable-

(a) Is not satisfied as to that person's identity or place of residence; or

(b) Has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of any other offence in the course of committing which an offensive weapon might be used.

(4) For the purposes of this section, the expression "offensive weapon" means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use; but does not include any tool of trade in the possession of any person in the course of his employment or while he is going to or returning from his work.

95.- Riotous etc., behaviour in public place - Every one commits an offence and is liable to a fine not exceeding one hundred dollars who in or within view of any public place, or within the hearing of any person therein, behaves in a riotous, offensive, threatening, insulting, or disorderly manner, or uses any threatening, abusive, or insulting words.

96. Fighting in public place - Every one commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred dollars, who fights in any public place.

97. Throwing or leaving bottles or glass in public place - (1) Every one commits an offence and is liable to a fine not exceeding fifty dollars who throws or leaves any bottle, or any glass, or any article made of or containing glass, upon or in any public place, or, having broken any bottle or any glass or any such article as aforesaid, leaves the broken glass upon or in any public place.

(2) For the purposes of this section, the expression 'public place' means any public place within the meaning of section 2 of this Act, and also includes any public reserve, any place or waters frequented by bathers, any foreshore, and any other place of public recreation or resort.

98. Obstructing public place - Every one commits an offence and is liable to a fine not exceeding twenty dollars who without lawful justification obstructs any public or creates any source of danger therein, or otherwise commits any public nuisance therein.

99. Profane, indecent, or obscene language - Everyone commits an offence and is liable to imprisonment for a term not exceeding six months or a fine not exceeding fifty dollars who uses any profane, indecent, or obscene language in any public place or within the hearing of any person in a public place.

100. Disturbing public worship - Every one commits an offence and is liable to a fine not exceeding twenty dollars who wilfully and without lawful justification or excuse disturbs or interferes with the orderly conduct of any religious service or any meeting lawfully assembled for religious purposes, wherever that service or meetings, is held, or in any way disturbs or molests any preacher, teacher, or person lawfully officiating at any such service meeting or any persons there assembled.

101. Drunkenness - Everyone commits an offence and is liable to imprisonment for a term one commits an offence and is liable to imprisonment for a term not exceeding one month to a fine not exceeding twenty dollars who is found in any public place.

102. Wilful trespass after warning to leave - Everyone commits an offence and is liable to imprisonment for not exceeding three months or a fine not exceeding one hundred dollars who wilfully trespasses in any place, and neglects or refuses to leave that place after being warned to do so by the owner or any person in lawful occupation of the place, or any person acting under the express or implied authority of implied authority the owner or person in lawful occupation.

Piracy

103. Piracy - (1) Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside the Cook Islands,-

(a) Shall upon conviction thereof be sentenced to imprisonment for life if, in committing piracy, he murders, attempts to murder, or does any act likely to endanger the life of any person:

(b) Is liable to imprisonment for a term not exceeding fourteen years in any other case.

(2) Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land.

104. Piratical acts - (1) Every one commits a piratical act who-

(a) Within the Cook Islands, or, being a person ordinarily resident in the Cook Islands outside the Cook Islands, under pretence of any commission from any State other than the Cook Islands (whether or not that State is at war with the Cook Islands) or under pretence of authority from any person whatever, commits an act of hostility or robbery;

(b) Within or outside the Cook Islands, enters into any Cook Islands ship and throws overboard or destroys any goods on board the ship;

(c) Within or outside the Cook Islands, on board any Cook Islands ship-

(i) Turns enemy or rebel and piratically runs away with the ship or any boat, weapons, ammunition, or goods; or

(ii) Voluntarily yields up the ship or any boat, weapons, ammunition, or goods to any pirate; or

(iii) Counsels or procures any person to yield up or run away with any ship, goods, or merchandise, or to turn pirate or go over to pirates; or

(iv) Assaults the master or commander of any ship in order to prevent him from fighting in defence of his ship and goods; or

(v) Imprisons or restrains the master or commander of any ship; or

(vi) Makes or endeavours to make a revolt in a ship.

(2) Subsection (1) of this section shall extend and apply to aircraft as it applies to ships; and for the purpose of this subsection any reference in subsection (1) of this section to the master or commander of any ship shall be read as a reference to the pilot in command of an aircraft.

105. Punishment of piratical acts - Every one who commits any piratical act-

(a) Shall upon conviction thereof be sentenced to imprisonment for life if, in committing that act, he murders, attempts to murder, or does any act likely to endanger the life of any person:

(b) Is liable to imprisonment for a term not exceeding fourteen years in any other case.

106. Attempt to commit piracy - Every one is liable to within or outside the Cook Islands, attempts to do any act amounting to piracy by the law of nations.

107. Conspiring to commit piracy - Every one is liable to imprisonment for a term not exceeding ton years who, within or outside the Cook Islands, conspires with any other person to do any act amounting to piracy by the law of nations.

108. Accessory after the fact to piracy - Every one is liable to imprisonment for a term not exceeding seven years who, within or outside the Cook Islands, is accessory after the fact to any act amounting to piracy by the law of nations.

Dealing in Persons

109. Dealing in persons - (1) Every one is liable to imprisonment for a term not exceeding fourteen years who, within or outside the Cook Islands,-

(a) Sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or

(b) Employs or uses any person as a slave, or permits any person to be so employed or used; or

(c) Detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or

(d) Induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or

(e) Builds, fits out, sells, purchases, transfers, lets, hires, uses, mans, navigates, or serves on board any ship or aircraft for any of the aforesaid purposes; or

(f) Induces any person to place himself or any other person in debt-bondage or serfdom; or

(g) For gain or reward gives in marriage or transfers any woman to another person without her consent; or

(h) Is a party to the inheritance by any person of a woman on the death of her husband; or

(i) Being a parent or guardian of any child under the age of eighteen years, delivers that child to another person with intent that the child or his labour shall be exploited; or

(j) Agrees or offers to do any of the acts mentioned in this subsection.

(2)For the purposes of this section -

"Debt-bondage" means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined;

"Serfdom" means the status or condition of a tenant who is by any laws custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition.

PART VI

CRIMES AFFECTING TEE ADMINISTRATION OF LAW AND JUSTICE

Bribery and Corruption

110. Interpretation - In this Part of this Act, unless the context otherwise requires,-

"Bribe" means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect;

"Judicial officer" means a Judge or Commissioner of any Court, Coroner, or Justice, or any other person holding any judicial office, or any person who is a member of any tribunal authorised by law to take evidence on oath;

"Law enforcement officer" means any constable or any person employed in the detection or prosecution or punishment of offenders;

"Official" means any person in the service of Her Majesty in right of New Zealand in the Cook Islands (whether that service is honorary or not, and whether it is within or outside the Cook Islands), or any member or employee of any Island Council.

111. Judicial corruption - (1) Every judicial officer is liable to imprisonment for a term not exceeding fourteen years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, by him in his judicial capacity.

(2) Every judicial officer, and every Registrar or Deputy Registrar of any Court, is liable to imprisonment for a term not exceeding seven years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity not being an act or omission to which subsection (1) of this section applies.

112. Bribery of Judicial officer, etc. - (1) Every one is liable to imprisonment for a term not exceeding seven years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him in his judicial capacity.

(2) Every one is liable to imprisonment for a term not exceeding five years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any Court in respect of any act or omission by him in his official capacity, not being an act or omission to which subsection (1) of this section applies.

113. Corruption and bribery of Minister of the Crown - Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding fourteen years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in hid capacity as a Minister or member of the Executive Council.

(2) Every one is liable to imprisonment for a term not exceeding seven years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

114. Corruption and bribery of member of Legislative Assembly - (1) Every member of the Legislative Assembly is liable to imprisonment for a term not exceeding seven years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of the Legislative Assembly.

(2) Every one is liable to imprisonment for a term not exceeding three years who corruptly gives or offers, or agrees to give any bribe to any person with intent to influence any member of the Legislative Assembly in respect of any act or omission by him in his capacity as a member of the Legislative Assembly.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

115. Corruption and bribery of law enforcement officer - (1) Every law enforcement officer is liable to imprisonment for a term not exceeding seven years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding three years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by him in his official capacity.

116. Corruption and bribery of official - (1) Every official is liable to imprisonment for a term not exceeding seven years who, whether within the Cook Islands or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding three years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

117. Restrictions on prosecution - No one shall be prosecuted for an offence against any of the provisions of sections 111, 112, 115 and 116 of this Act without the leave of the Attorney-General or if no such appointment has been made, then the Minister of Justice, who before giving leave may make such inquiries an he thinks fit.

[Amended Act 1980/16]

Contravention of Statute

118. Contravention of Statute - Every one is liable to imprisonment for a term not exceeding one year who, without lawful excuse contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless-

(a) Some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or

(b) In the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.

Misleading Justice

119. Perjury defined - (1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

(2) In this section the term "oath" includes an affirmation, and also includes a declaration made under section 653 of the Cook Islands Act 1915.

(3) Every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence is admissible or not.

(4) Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:

(a) Any Court of justice;

(b) The Legislative Assembly or any Committee of that Assembly;

(c) Any arbitrator or umpire, or any person or, body of persons authorised by law to make an inquiry and take evidence therein upon oath;

(d) Any legal tribunal by which any legal right or liability can be established;

(e) Any person acting as a Court or tribunal having power to hold a judicial proceeding.

(5) Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.

120. Punishment of perjury - (1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term-not exceeding seven years who Commit perjury.

(2) If perjury is committed in order to procure the conviction of a person for any crime punishable by death, or for any offence for which the maximum punishment is not less than three years imprisonment, the punishment may be imprisonment for a term not exceeding fourteen years.

121. False oaths - Every one is liable to imprisonment for a term not exceeding five years, who being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

122. False statements or declarations - Every one is liable to imprisonment for a term not exceeding three years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

123. Evidence of perjury, false oath, or false statement - No one shall be convicted of perjury, or of any offence against section 121 or section 122 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

124. Fabricating evidence - Every one is liable to imprisonment for a term not exceeding seven years who, with intent to mislead any tribunal holding any judicial proceeding to which section 119 of this Act applies, fabricates evidence by any means other than perjury.

125. Use of purported affidavit or declaration - Every one is liable to imprisonment for a term not exceeding three years who-

(a) Signs a writing that purports to be an affidavit sworn before him or a statutory declaration taken by him, when the writing was not so sworn or taken, or when he knows that he has no authority to administer that oath or take that declaration; or

(b) Uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.

126. Conspiring to bring false accusation - Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable-

(a) To imprisonment for a term not exceeding fourteen years if that person might, on conviction of the alleged offence, be sentenced to death, or to imprisonment for a term of three years or more;

(b) To imprisonment for a term not exceeding seven years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than three years.

127. Conspiring to defeat justice - Every one is liable to imprisonment for a term not exceeding seven years who conspires to obstruct, prevent, pervert, or defeat the course of justice.

128 Corrupting juries and witnesses - Every one is liable to imprisonment for a term not exceeding seven years who-

(a) Dissuades or attempts to dissuade any person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter, civil or criminal; or

(b) Influences or attempts to influence, by threats or bribes or other corrupt means, any juryman or assessor in his conduct as such, juryman or assessor whether the juryman has been sworn as a juryman or assessor as the case may be, or not; or

(c) Accepts any bribe or other corrupt consideration to abstain from giving evidence, or on account of his conduct as a juryman or assessor; or

(d) Wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice.

Escapes and Rescues

129. Assisting escape of prisoners of war or internees - Every one is liable to imprisonment for a term not exceeding seven years who knowingly and wilfully -

(a) Assists say prisoner of war detained in the Cook Islands, or any person interned in the Cook Islands, to escape from any place in which he is for the time being detained; or

(b) Assists any such prisoner or person as aforesaid, suffered to be at large on his parole in the Cook Islands, to escape from the place where he is at large on his parole.

130. Breaking prison - Every one is liable to imprisonment for a term not exceeding seven years who by force or violence breaks any prison, with intent to set at liberty himself or any other person therein.

131. Escape from lawful custody - (1) Every one is liable to imprisonment for a term not exceeding five years who-,

(a) Having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or

(b) Whether convicted or not, escapes from any prison in which he is lawfully detained; or

(c) Being in lawful custody otherwise than aforesaid, escapes from such custody.

(2) For the purposes of this section, custody under an illegal warrant or other irregular process shall be deemed to be lawful.

132. Assisting escape from lawful custody - (1) Every one is liable to imprisonment for a term not exceeding seven years who-

(a) Rescues any person from lawful custody, whether in a prison or not; or

(b) Assists any person in escaping or attempting to escape from lawful custody, whether in prison or not; or

(c) With intent to facilitate person lawfully detained in a prison, conveys or causes to be conveyed into any prison anything whatever.

(2) Every one is liable to imprisonment for a term not exceeding seven years who-

(a) Being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody;

(b) Being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison.

(3) Every one is liable to imprisonment for a term not exceeding one year who, by failing to perform any legal duty, permits any person in his lawful custody to escape.

(4) For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful.

133. Assisting escape of mentally defective person under detention for offence - Every one is liable to imprisonment for a term not exceeding five years who-

(a) Rescues any person lawfully ordered to be removed or transferred, as a person detained under Part XXI of the Cook Islands Act 1915, to or from any prison or other place, during the time of such removal or transfer; or

(b) Being a constable or an officer of a prison, who has in his custody any person lawfully detained under the said Part XXI voluntarily and intentionally permits that person to escape from custody, whether during the time of any such removal or transfer or otherwise.

PART VII

CRIMES AGAINST RELIGION, MORALITY, AND PUBLIC WELFARE

Crime Against Religion

134. Blasphemous libel - (1) Every one is liable to imprisonment for a term not exceeding one year who publishes any blasphemous libel.

(2) Whether any particular published matter is or is not a blasphemous libel is a question of fact.

(3) It is not an offence against this section to express in good faith and in decent language, or to attempt to establish by arguments used in good faith and conveyed in decent language, any opinion whatever on any religious subject.

(4) No one shall be prosecuted for an offence against this section without the leave of the Minister of Justice, who before giving leave may make such inquiries as he thinks fit.

Crimes Against Morality and Decency

135. Distribution or exhibition of indecent matter - (1) Every one is liable to imprisonment for a term not exceeding two years who, without lawful justification or excuse,-

(a) Sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or

(b) Exhibits or presents in or within view of any place to which the public have or are Permitted to have access any indecent object or indecent show or performance; or

(c) Exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance.

(2) It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.

(3) It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess.

(4) It is no defe