Criminal law

In 1997, almost all of the criminal law of the Territory was consolidated into a single piece of legislation, the Criminal Code, 1997. Although it was generally regarded as desirable to consolidate all of the criminal laws into a single source, some criticisms have been made at the "warts and all" approach taken to common law offences. For example, in relation to the law of rape, the Code provides that a man cannot be guilty of raping his wife, even though this has not been the rule at common law since 1991.[16]

Generally speaking, most serious criminal offences in the jurisdiction are dealt with under the same principles as the original English common law, and specific English Victorian statutes (such as the Offences Against the Person Act, 1861).

The death penalty was abolished for murder in 1991 (controversially), and was subsequently also removed for the last remaining offences (piracy and treason) in 2001.