SOUTH PACIFIC COUNCIL OF
YOUTH AND CHILDRENS
COURTS WORKSHOP 4-7 APRIL
2006. HOBART, AUSTRALIA.
GOOD MORNING PARTICIPANTS,
GREETINGS FROM MY CHIEF MAGISTRATE MR. JOHN
NUMAPO, MAGISTRATES FROM PNG MAGISTERIAL
SERVICE & KEY GOVERNMENT AGENCIES (LAW AND
JUSTICE SECTOR) IN PORT
MORESBY,
PAPUA NEW GUINEA.
1
3/30/2006
1
THE COURT SYSTEM IN PNG.
1.
Supreme Court of Papua New Guinea
The Supreme Court of PNG is the highest
court in the national judicial system and is the
country’s final court of appeal under s.155(2)
of the Constitution. With respect to criminal
jurisdiction, the Supreme Court has appellate
criminal jurisdiction and original constitutional
jurisdiction.
2
THE COURT SYSTEM IN PNG.
2.
3
National Court of Justice
(i) The National Court of Justice of PNG is
established by s.163(1) of the Constitution. The
National Court consists of the same judges as sit in
the Supreme Court. Its appellate and original
jurisdiction is held before a single judge.
(ii) The National Court has an unlimited criminal
jurisdiction.
(iii) The National Court has an appellate jurisdiction
hearing appeals from District Courts and from some
administrative tribunals. Appellate jurisdiction is also
exercised by a single judge.
THE COURT SYSTEM IN PNG.
3.
District Courts.
(Magisterial Service of Papua New Guinea).
The National Judicial System of PNG consists
of the Supreme Court; the National Court and
such other courts as are established under
Section 172 Constitution (establishment of
other courts.)
4
THE COURT SYSTEM IN PNG.
3.
District Courts.
Magisterial Service of Papua New Guinea consists of
the Chief Magistrate, Magistrates and other persons
employed in connection with the National Judicial
System.
1.Current strength 104 Magistrates ((150)
2.Support staff 500+
3.70 District Court locations
4.Currently administer over 12 jurisdictions in any one
court location.
5
District Court Jurisdictions
1.
2.
3.
4.
5.
6.
7.
8.
6
Criminal/Civil matters
Taxation matters
Fisheries matters
Family matters (6/7)
Juvenile Matters
Coronial matters
Visiting Justice matters
Village court matters
9.
10.
11.
12.
Land matters
Other jurisdiction
eg.HIV?Aids etc
Leadership Tribunal
matters
Motor Traffic Matters
JUVENILE JUSTICE REFORM
PROCESS IN PNG. AN
AWARENESS PRESENTATION.
7
Mr.Iova S. Geita LLB (Hons),
Principal Magistrate-Juvenile &
Family Courts Port Moresby.
Papua New Guinea.
Juvenile Justice Reform Process
(Background Information)
Juvenile justice in PNG is guided by national
and international principles and policies on
juveniles. They are:
1.
The PNG National Law and Justice Policy and Plan of
Action: Towards Restorative Justice (2000),
2. The United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (1985),
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Juvenile Justice Reform Process
(Background Information)
9
3.
The United Nations Convention on the Rights of
The Child (CRC),(1989)
4.
The United Nations Standard Rules for Non-Custodial
Measures(The Tokyo Rules; 1990,)
5.
The United Nations Guidelines for the Prevention of
Juvenile Delinquency.
(The Riyadh Guidelines: 1990)
WHO IS A JUVENILE?
PNG STANDARD.
“Juvenile” means a person
aged not less than 7 years
and less than 18 years.
(s.2 JCA 1991)

PNG Total Population =
5,190,786.
Juvenile population =
1,175,255.
(NB: Census 2000.)
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UN STANDARD.
“Juvenile” means a person
aged not less than 10-12
years and less than 18
years.

Minimum Ages of Criminal
Responsibility.
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8
9
10
12
13
14
15
16
18
Bangladesh
Barbados
Belize
Cyprus
Hong Kong
India
Jordan
Lebanon
Myanmar
Nigeria
Sudan
Tanzania
Thailand
Zimbabwe
Kenya
Iran
(girls)
Scotland
Sri Lanka
Ethiopia
Australia
(most
states)
Fiji
Vanuatu
Nepal
Nicaragu
a
UK
NZ
SierraLeone
Canada
Cyprus
Jamaica
Korea
Morocco
Philippines
Spain
Uganda
Yemen
Algeria
Benin
Burkina
Faso
Chad
France
Madagasca
r
Niger
Poland
Senegal
Togo
Tunisia
Uzbekistan
Belarus
Bolivia
Bulgaria
China
Croatia
Germany
Hungary
Italy
Japan
Libya
Mauritius
Korea
Paraguay
Romania
Russia
Rwanda
Ukraine
Vietnam
Yugoslavia
Denma
rk
Egypt
Finland
Iceland
Lao
Maldiv
es
Norwa
y
Peru
Sudan
Swede
n
Argentina
Azerbaija
n
Belarus
Belgium
Bolivia
Chile
Cuba
El
Salvador
Indonesia
Mongolia
Micronesi
a
Poland
Portugal
Spain
Brazil
Columbia
Costa
Rica
Ecuador
Guatemal
a
Mexico
Panama
Uruguay
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Juvenile Justice Reform Process
(Background Information)
The PNG National Law and Justice Policy and
Plan of Action: Towards Restorative Justice
(2000),
Policy 4.2. Strengthening The Juvenile Justice System
…the formulation and implementation of appropriate
youth policies which should go hand-in-hand with the
development of juvenile justice initiatives.
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Juvenile Justice Reform Process
The United Nations Convention on the Rights
of The Child (CRC),(1989)
Article 40.3.
States Parties (PNG) shall seek to promote the
establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as,
accused of, or recognized as having infringed the penal
law…
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Juvenile Justice Reform Process.
Overview of the JJ Program.
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
JJ program is a reform program designed to
reengineer how the justice sector meets the
challenge of juvenile offending.

Its medium term goal (3-5 yrs) is the creation of
a comprehensive JJ system, based on
restorative justice, Melanesian tradition and
contemporary JJ practice.
Juvenile Justice Reform Process.
Overview of the JJ Program.
15

Our immediate goal is to reduce by 2004 the
number of juveniles deprived of their liberty.

The reform process is a major undertaking for
the justice sector and will make significant
changes to the way children and young people
are treated when they come into contact with
the law.
Coordination and Partnerships
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
The task of delivering this goal rests with the
Juvenile Justice Working Group (JJWG), an
interagency of key government and community
agencies.

JJWG is chaired by the Department of Justice
& Attorney General which has lead agency
responsibilities for Juvenile Justice.NB: I am
currently Chairman of the Committee)
Program vision and immediate and
sustainable goal.

The vision for the JJ program aims to capture
the key aspects of the reform process.

The vision is…
–
–
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…towards a comprehensive JJ system for PNG,
based on restorative justice, Melanesian tradition
and contemporary juvenile justice practice…
Juvenile Justice Program
Objectives.
1.
2.
3.
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Improve awareness of and respect for the
rights of juveniles who come into conflict with
the law.
Promote alternatives to the formal justice
system through the introduction of diversion
programs & restorative justice.
Reduce the number of juveniles deprived of
their liberty, both pre-and post arrest.
Progressive Implementation

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The introduction of change requires significant
adjustments to the way people have previously
performed their roles and introduces new
programs.
Progressive Implementation
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
It requires careful preparation and implementation, and
has resource implication. Training, work distribution,
job design or redesign,legislative awareness and
rewriting procedures are being undertaken by all
affected agencies.

Due to the size and complexity of the changes required
the reforms will be implemented progressively
commencing in NCD followed by Lae, Kundiawa
Rabaul, Wewak, Mt. Hagen and Goroka.
Summary of Key Achievements
21

On 30 January 2003, the Juvenile Courts Act 1991
(JCA), was fully gazetted/proclaimed.

On 26 May 2003, the first Juvenile Court in PNG
opened in Port Moresby and was officially launched on
11 June 2003.

In August 2003, the Papua New Guinea Juvenile
Justice Training of Trainers Manual was released.

On 5 April 2004, the Juvenile Court Protocol for
Magistrates was released by The Chief Magistrate.
Summary of Key Achievements
cont…



22
Port Moresby Juvenile Court is piloting the
diversion program.
The goal is to refer 70% of juveniles who
appear before the court to community based
mediation.
The program model and guidelines were with
extensive input from ngos, church groups,
community and government agencies.
Summary of Key Achievements
cont…

On 28 February 2005, the Police Juvenile Justice
Policy and Protocols, was signed into effect by the
Police Commissioner.

On 26 May 2005, the first Juvenile Reception Centre
was launched in Port Moresby.
NB:
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The Court will have overall responsibility of
monitoring how juveniles are treated by different
sectors of the justice system.
Summary of Key Achievements
cont…
1.
National Juvenile Justice Policy.
(Final stages.. printing/publishing
2.
Minimum Standards for Juvenile Institutions.
(Final stages..printing/publishing)
3.
Juvenile Justice Act. (Draft 6)
(Final stages..certification/promulgation.).
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Summary of Key Achievements.
Gazetted Juvenile Courts.
25

Juvenile Court of Port Moresby – 11th June 2003.

Juvenile Court of Lae – 25th March 2004.

Juvenile Court of Kundiawa – 21st September 2004.

Juvenile Court of Mt. Hagen- 24th July 2005.

Juvenile Court of Kokopo – 11th August 2005.
Amendments to the Juvenile
Courts Act Legislation??.

Juvenile Courts Act 1991.
Some sections were passed.
After almost 12 years all the
sections were passed by
Parliament on
30 January 2003.
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
Juvenile Justice Act 2005.
The first drafting workshop Port Moresby - 14 March 2005.
Drafts 1 & 2 received- 9 May 2005
Consultations now in progress…
Lae – Momase/Highlands 26-28 July
2005.
Kokopo – Islands 8-18 August 2005.
Magistrates only – 27-29 Sept 2005
Lae. M.P.
Juvenile Justice Reform Process
THANK YOU –
EM TASOL
For further information contact Mrs.
Kanasa or me on Tel: 32 10620;
3210457; Fac: 3216241
OR
The Director, Community Based
Corrections (CBC), Attorney Generals
Department, Port Moresby. Tel:301
2906; Fac:325 9773.
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