The Judiciary acknowledges the concerns raised by the Commissioner of Correctional Services, Mr Mactus Forau, regarding the reported 193 persons currently held on remand across Solomon Islands, including individuals said to have remained in custody for periods of five to thirteen years. Such lengthy periods of detention are deeply concerning and warrant urgent examination.

It is important, however, to recognise that the criminal justice process involves several institutions, each with distinct responsibilities. The Police investigate offences, the Director of Public Prosecutions makes prosecution decisions and is responsible for the conduct and progression of prosecutions, and the Public Solicitor provides legal advice and assistance to persons in need, including those charged with criminal offences.

The Correctional Service also has an important role beyond the custody of prisoners. Under the Correctional Service Act 2007, the Commissioner has responsibilities concerning custody records, prisoners’ requests and complaints, and access to information about their rights and to legal representatives. Corrections is therefore particularly well placed to identify persons who have remained on remand for extended periods and to facilitate their access to legal assistance and the procedures available to seek bail or review.

The role of the Courts is different. The Magistrates’ Courts and High Court are responsible for managing and determining proceedings within their respective jurisdictions, including hearing and determining bail applications brought before them. It is not the function of the High Court to provide legal advice to remandees, prepare or initiate bail applications on their behalf, or administer the correctional system. Those are distinct responsibilities, and the effective operation of the justice system depends upon each institution performing its role.

There are already safeguards within the existing legal framework. High Court Practice Direction No. 1 of 2011 provides for the timely progression of committal proceedings and recognises the right of a person held on remand to apply to the High Court for bail where committal has been delayed beyond the expected six-month period. The Public Solicitor’s published bail guidance also explains how an unrepresented prisoner may have an application forwarded to the High Court Registry through the officer in charge of a correctional centre.

The important question is whether these procedures are being effectively accessed and utilised. Greater cooperation between Corrections and the Public Solicitor, including a systematic process for identifying long-term remandees and facilitating access to legal assistance, could make a significant contribution.

The reported figure of 193 remandees does not, of itself, establish whether those matters are before the Magistrates’ Courts or the High Court, where delays may have occurred, or the reasons particular individuals remain in custody. Those questions require examination of the circumstances and procedural history of each case, with priority given to the longest periods of detention.

A coordinated approach involving Corrections, Police, the DPP, the Public Solicitor and the Courts would allow the relevant agencies to identify outstanding matters, address delays within their respective areas of responsibility and strengthen the processes through which remandees can access legal assistance and judicial consideration of their detention.

The concerns raised by the Commissioner provide an important opportunity for the justice sector to work together constructively. The focus should be on identifying and addressing the causes of prolonged detention, rather than attributing responsibility to any one institution.

Protecting individual liberty and ensuring that criminal proceedings are dealt with within a reasonable time are fundamental to the administration of justice. Achieving those objectives requires the effective operation of the entire criminal justice system, with each institution contributing within its proper role.