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2. 2 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.

3. 3 THE COURT SYSTEM IN PNG. 2. 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.

4. 4 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.)

5. 5 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.

6. 6 District Court Jurisdictions 1. Criminal/Civil matters 2. Taxation matters 3. Fisheries matters 4. Family matters (6/7) 5. Juvenile Matters 6. Coronial matters 7. Visiting Justice matters 8. Village court matters 9. Land matters 10. Other jurisdiction eg.HIV?Aids etc 11. Leadership Tribunal matters 12. Motor Traffic Matters

7. 7 JUVENILE JUSTICE REFORM PROCESS IN PNG. AN AWARENESS PRESENTATION. Mr.Iova S. Geita LLB (Hons), Principal Magistrate-Juvenile & Family Courts Port Moresby. Papua New Guinea.

8. 8 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),

9. 9 Juvenile Justice Reform Process (Background Information) 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)

10. 10 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.) UN STANDARD. “Juvenile” means a person aged not less than 10-12 years and less than 18 years.

11. 11 Minimum Ages of Criminal Responsibility. 78910121314151618 Bangladesh Barbados Belize Cyprus Hong Kong India Jordan Lebanon Myanmar Nigeria Sudan Tanzania Thailand Zimbabwe Kenya Iran (girls) Scotland Sri Lanka EthiopiaAustralia (most states) Fiji Vanuatu Nepal Nicaragu a UK NZ Sierra- Leone 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

12. 12 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.

13. 13 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…

14. 14 Juvenile Justice Reform Process. Overview of the JJ Program. 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.

15. 15 Juvenile Justice Reform Process. Overview of the JJ Program. 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.

16. 16 Coordination and Partnerships 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)

17. 17 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… – …towards a comprehensive JJ system for PNG, – based on restorative justice, Melanesian tradition and contemporary juvenile justice practice…

18. 18 Juvenile Justice Program Objectives. 1. Improve awareness of and respect for the rights of juveniles who come into conflict with the law. 2. Promote alternatives to the formal justice system through the introduction of diversion programs & restorative justice. 3. Reduce the number of juveniles deprived of their liberty, both pre-and post arrest.

19. 19 Progressive Implementation The introduction of change requires significant adjustments to the way people have previously performed their roles and introduces new programs.

20. 20 Progressive Implementation 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.

21. 21 Summary of Key Achievements 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.

22. 22 Summary of Key Achievements cont… 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.

23. 23 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:The Court will have overall responsibility of monitoring how juveniles are treated by different sectors of the justice system.

24. 24 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.).

25. 25 Summary of Key Achievements. Gazetted Juvenile Courts. Juvenile Court of Port Moresby – 11 th June 2003. Juvenile Court of Lae – 25 th March 2004. Juvenile Court of Kundiawa – 21 st September 2004. Juvenile Court of Mt. Hagen- 24 th July 2005. Juvenile Court of Kokopo – 11 th August 2005.

26. 26 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. 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.

27. 27 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.