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Committal Proceedings, Report 10 [1980] PGLawRComm 3 (1 July 1980)

LAW REFORM COMMISSION
OF
PAPUA NEW GUINEA

COMMITTAL PROCEEDINGS

REPORT NO. 10

JULY 1980

13th June, 1980.

The Honourable Paul Torato, M.P.,
Minister for Justice,

Sir,

We make this report under our reference to review the criminal justice system in Papua New Guinea. A person charged with an indictable offence and placed in custody is seriously penalized by the delays which presently occur between the dates of his arrest, committal and trial.

This report recommends a two phase change to streamline procedures. First, in the short term, a system of "hand up" written briefs of prosecution witnesses' evidence should be introduced in respect of most indictable offences. On the basis of this information a magistrate would decide whether or not there is sufficient evidence for the accused to be placed on trial. Full committal proceedings should be continued in the meantime for the offences of murder, manslaughter and offences carrying the death sentence so that the accused may test the prosecution's evidence at an early stage. Secondly, in the longer term, we recommend that committal proceedings for indictable offences be abolished because of the overall benefits this will produce for the accused, magistrates, courts and police.

The Commission's Report No.8 - Indictable Offences Triable Summarily, recommended that a number of indictable offences, now tried by indictment in the National Court, should be tried summarily in the District Courts, in order to simplify criminal procedures and reduce delays in the hearing of criminal trials. We strongly believe that action should be taken as soon as possible to implement the recommendations contained in Report No.8 and in this present report.

Yours faithfully,

WILLIAM KAPUTIN, CHAIRMAN
FRANCIS IRAMU, DEPUTY CHAIRMAN
TAMO DIRO
JOSEPH NOMBRI
SAMSON NUAKONA
ALEXIS SAREI

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Table of Contents

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CHAPTER I – INTRODUCTION

In its reference from the Minister for Justice relating to the Review of the Criminal Justice System, the Law Reform Commission is required, among other things to report on criminal procedure.

Report No.8 published in August 1978 recommended that a number of indictable offences, which are now tried by indictment in the National Court, should be tried summarily in the District Courts by Senior Magistrates as part of the overall review of the criminal justice system and in order to simplify criminal procedures and speed up the hearings of criminal trials. The Commission has investigated the holding of preliminary hearings or committal proceedings when indictable offences are tried.