Pitcairn Supreme Court

Last updated
Pitcairn Supreme Court
Coat of arms of the Pitcairn Islands.svg
The coat of arms of the Pitcairn Islands
LocationPitcairn Islands, New Zealand or the United Kingdom
Composition methodAppointed by the Governor of the Pitcairn Islands on the instructions of His Majesty The King [1]
Authorized byPitcairn Constitution Order 2010
Appeals to Pitcairn Court of Appeal or the Privy Council
Chief Justice of the Pitcairn Islands
Currently Charles Blackie VRD
Since2004

The Pitcairn Supreme Court is the supreme court of the Pitcairn Islands, a British Overseas Territory. It is a superior court of record. Provisions for a supreme court were set out in amendments to the Old Constitution Order in the 1990s. The court first sat for the Pitcairn sexual assault trial of 2004, and its powers were further elaborated on in the Constitution Order 2010. [2]

Contents

There are currently three judges appointed to the court, including Chief Justice Charles Blackie, all of whom are judges in New Zealand. An agreement between the British and New Zealand governments was signed at Wellington on 11 October 2002 which provided for Pitcairn court cases to be heard in New Zealand. [3] This was later reinforced by legislation passed in New Zealand and the Pitcairn Islands, being the Pitcairn Trials Act 2002 [4] and the Judicature Amendment Ordinance [3] respectively. Hearings of the court may also be held in the United Kingdom. [5]

Judges

Judges are appointed by the Governor of the Pitcairn Islands under instruction from King Charles III. [1] There must be, at all time, one Chief Justice and up to four other judges or acting judges. [5] The current judges are:

Flag of the Pitcairn Islands.svg Pitcairn Islands Flag of the United Kingdom.svg
NamePortraitDate AppointedDate RetiredOther Judicial OfficesNotes Incumbent Governor Monarch
Charles Blackie

Chief Justice (until 2022)

Charles Blackie (cropped).jpg 20042022 District Court of New Zealand Iona Thomas 2021.jpg

Iona Thomas

(August 2022 – Present)

King Charles III (July 2023).jpg

Charles III

Jane Lovell-Smith Coat of arms of the Pitcairn Islands.svg 2004 ? District Court of New Zealand
Russell Johnson (judge) Coat of arms of the Pitcairn Islands.svg 20042011 District Court of New Zealand
Paul Heath

Chief Justice (since 2022)

Coat of arms of the Pitcairn Islands.svg 2022Current Court of Appeal of Tonga

Cases

Sexual assault trial

The court first sat to try the Pitcairn sexual assault trial of 2004. The tribunal's first decision was whether to accept the defence claim that the Pitcairn Islands were not in fact legally British territory and had not been such since at least the time that the original settlers, the mutineers of the Bounty , burned the vessel in a symbolic (and, from the defence viewpoint, actual) rejection of further British sovereignty and rule. The Supreme Court ruled that the Pitcairns were in fact British territory and were generally internationally recognised to be such and that the trial was thus legal.

The Court later (October 23) found the defendants to be guilty of the sexual offences alleged against them, which created turmoil as the defendants included the islands' mayor, Steve Christian, direct descendant of leading Bounty mutineer Fletcher Christian. Steve Christian's sister was then installed as mayor until a new election could be held for a new island government.

Child pornography trial

In 2010, then-mayor of the islands Mike Warren was charged with possession of child pornography. In 2016 he was found guilty of downloading more than 1000 images and videos of child sexual abuse. Warren began collecting child pornography after the 2004 Pitcairn child sex abuse trial, where six islanders were found guilty of various sexual crimes against children.

Related Research Articles

<span class="mw-page-title-main">Pitcairn Islands</span> British overseas territory in the South Pacific

The Pitcairn Islands, officially the Pitcairn, Henderson, Ducie and Oeno Islands, are a group of four volcanic islands in the southern Pacific Ocean that form the sole British Overseas Territory in the Pacific Ocean. The four islands—Pitcairn, Henderson, Ducie and Oeno—are scattered across several hundred miles of ocean and have a combined land area of about 18 square miles (47 km2). Henderson Island accounts for 86% of the land area, but only Pitcairn Island is inhabited. The islands nearest to the Pitcairn Islands are Mangareva at 688 km to the west and Easter Island at 1,929 km to the east.

<span class="mw-page-title-main">Politics of the Pitcairn Islands</span> Political system of the Pitcairn Islands

The Pitcairn Islands are a British Overseas Territory in the South Pacific Ocean, with a population of about 50. The politics of the islands takes place in a framework of a parliamentary representative democratic dependency, whereby the Mayor is the head of government. The territory's constitution is the Local Government Ordinance of 1964. In terms of population, the Pitcairn Islands is the smallest democracy in the world.

<span class="mw-page-title-main">History of the Pitcairn Islands</span> Chronology of the Pitcairn Islands

The history of the Pitcairn Islands begins with the colonization of the islands by Polynesians in the 11th century. Polynesian people established a culture that flourished for four centuries and then vanished. They lived on Pitcairn and Henderson Islands, and on Mangareva Island 540 kilometres (340 mi) to the northwest, for about 400 years.

Steven Raymond Christian is a politician, convicted sex offender and child rapist from the Pitcairn Islands. He was mayor of the islands from 1999 until 2004, when he was removed from office after being found guilty in the Pitcairn child sexual abuse trial.

United States v. X-Citement Video, Inc., 513 U.S. 64 (1994), was a federal criminal prosecution filed in the United States District Court for the Central District of California in Los Angeles against X-Citement Video and its owner, Rubin Gottesman, on three charges of trafficking in child pornography, specifically videos featuring the underaged Traci Lords. In 1989, a federal judge found Gottesman guilty and later sentenced him to one year in jail and a $100,000 fine.

In 2004, seven men living on Pitcairn Island faced 55 charges relating to sexual offences against children and young adults. The accused represented a third of the island's male population and included Steve Christian, the mayor. On 24 October, all but one of the defendants were found guilty on at least some of the charges. Another six men living abroad, including Shawn Christian, who later served as mayor of Pitcairn, were tried on 41 charges in a separate trial in Auckland, New Zealand, in 2005.

Jay Calvin Warren is a political figure from the Pacific territory of the Pitcairn Islands.

Meralda Elva Junior Warren is an artist and poet of the Pitcairn Islands, a remote British Overseas Territory in the South Pacific. She works in both English and Pitkern, the island's distinctive creole language. Her book, Mi Bas Side Orn Pitcairn, written with the island's six children, is the first to be written and published in both English and Pitkern. As an artist, she works with tapa cloth, a Polynesian tradition. She has also published a cookbook featuring Pitcairn Island cuisine.

Betty Christian is the Communications Officer and Island Secretary of the Pitcairn Islands. Appointed by the colonial Governor, the Island Secretary is an ex officio member of the Island Council, the legislative body of Britain's last remaining Pacific colony. She previously served as an elected member of the Council in 1990 and 1993.

Stanley v. Georgia, 394 U.S. 557 (1969), was a U.S. Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Court of Appeal of Singapore</span> Supreme appellate court of Singapore

The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.

<span class="mw-page-title-main">Law enforcement in the Pitcairn Islands</span>

Law enforcement in the Pitcairn Islands is the responsibility of the Pitcairn Islands Police, the smallest British police force, which has just two constables. In the aftermath of child sexual abuse revelations, the force did briefly number five constables including Ministry of Defence Police officers on temporary secondment. Historically, and until 2000, a Pitcairn Island resident was appointed as the island group's sole police officer, and also acted as immigration and customs officer. From 2000 to 2015, the combined police, immigration, and customs role was held by a series of foreign professionals on short-term secondment. In 2015 the Pitcairn Government website announced that both previous systems would be employed alongside each other, with one local island police officer and one foreign police officer on secondment, working together.

<span class="mw-page-title-main">Mike Warren (mayor)</span> Pitcairnese politician

Michael Calvert Warren is a Pitcairnese politician, who was Mayor of the Pitcairn Islands from 2008 to 2013.

Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters. "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.

An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, vile, vigilance in conservation, or revenge. In expressions such as "obscene profits" and "the obscenity of war," ; misdirection. As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity, or the exploited child, human being or situation on display. It may also relate to a fear quotient in the public area affecting trend.

A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.

United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene, as well as to issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and there are differences among such laws. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.

Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015. An ordinance to permit same-sex marriages was passed unanimously by the Island Council on 1 April 2015, and received royal assent by Governor Jonathan Sinclair on 5 May.

<span class="mw-page-title-main">LGBT rights in the Pitcairn Islands</span> Rights of LGBT people in the Pitcairn Islands

Lesbian, gay, bisexual and transgender (LGBT) people in the British Overseas Territory of the Pitcairn Islands enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on sexual orientation is constitutionally outlawed and same-sex marriage has been legal since 14 May 2015.

References

  1. 1 2 "Pitcairn Islands". CIA World Factbook. Retrieved 1 July 2015.
  2. "Pitcairn Constitution Order 2010" (PDF). Pitcairn Laws. Archived (PDF) from the original on 24 September 2015. Retrieved 1 July 2015.
  3. 1 2 "Judicature Amendment Ordinance" (PDF). Pitcairn Laws. Archived (PDF) from the original on 24 September 2015. Retrieved 1 July 2015.
  4. "Pitcairn Trials Act 2002". New Zealand Legislation. Archived from the original on 2 July 2015. Retrieved 1 July 2015.
  5. 1 2 "Judicature (Courts) Ordinance" (PDF). Pitcairn Laws. Archived (PDF) from the original on 24 September 2015. Retrieved 1 July 2015.