UNIVERSITY OF PAPUA NEW GUINEA

SCHOOL OF LAW

LEGAL CLINICAL PROGRAMME STRAND

TRIAL PRACTICE AND CRIMINAL PROCEDURE (5.27701).

Lecturer: Michael Steven Wagambie

COURSE OUTLINE AND SYNOPSIS 2022

Course Description:
Trial Practice and Criminal procedure course introduces students to the principal criminal
procedure, that is the process of arresting an offender, charging and bringing that person
before the court for trial and the appellate jurisdiction. Usually it is the Policemen, however,
in the case of Customs and National Fisheries, the civilian law enforcement officers are
empowered through the relevant legislations to lawfully apprehend and lay charges against
the offenders. The principal criminal law legislations include; Arrest Act, Search Act and the
Bail Act which empowers the Policemen and the enforcement officers to search, arrest and
charge an offender who commits offenses in contravention to the respective relevant
legislations.
Students will be exposed to the Criminal Justice System in Papua New Guinea where
they will identify and demonstrate familiarity with the constitutional jurisdiction, the
hierarchy of criminal courts stipulated in section 155 of the Constitution of Papua New
Guinea. The students will also identify and learn the roles of the parties in the criminal justice
system and the process and procedure starting from the arrest of an offender, laying of
charges by the Police, Committal Court process, trial in the National Courts and appeal to the
Supreme Court of appeal.
The students will also identify the parties and officers of the court and their respective
roles in the criminal jurisdiction. The lectures are supported by guest lectures from
practitioners on certain aspect of the trial practice, example Indictment, voir dire, criminal
trial etc that will enable students to hear first-hand experiences from practitioners and engage
in discussions on aspects of criminal trial practice and procedure.
Students will be probed to discuss cross cutting issues and challenges prevalent in the
indigenous communities in Papua New Guinea and the clash of cultural practices against the
criminal justice system including issues of sorcery related violence and gender-based
violence and violence against women, and the challenges faced by the criminal justice system
in dispensing justice.

Learning Outcomes

Upon successful completion, students will have acquired knowledge and skills to:

1. Describe the criminal justice system in Papua New Guinea,

2. Identify the stakeholders that comprise the criminal justice system,
3. Identify and demonstrate familiarity with the criminal jurisdiction and hierarchy of criminal
courts in Papua New Guinea,
4. Describe the Criminal procedure in Papua New Guinea,
5. Describe the Process of criminal prosecution in Papua New Guinea; from arrest of an
offender to prosecution and trial and appeal,
6. Demonstrate familiarity with relevant legislation, case law and other course readings;
7. Demonstrate familiarity with the Criminal Code Act of Papua New Guinea;
8. Research and apply knowledge derived from the course content and readings with autonomy,
judgment and adaptability in order to develop a sustainable analysis or argument concerning
sorcery related violence, tribal fights and gender-based violence and violence against women.
9. Reflect critically on and synthesise the more important policy and law reform in respect of
the cross-cutting issues and challenges faced by the criminal justice system

OUTLINE OF THE COURSE:

There are three (3) formal one (1) hour lecture each week.
Two Tutors will conduct four (4) tutorial sessions. The Tutors will organise their tutorial
sessions according to the University Time Table and the students are required to sign up and
attend one (1) tutorial per week. It will take 12 to 13 weeks or less to cover the course. You
are familiar with the pre requisite courses such as introduction to law, constitutional law and
criminal law; hence certain topic of discussion will not be looked at in greater detail. The
reading of texts and statutory materials is important as it enables students to understand and
appreciate topics presented in class. Students are also encouraged to go online and watch
YouTube videos of certain parts of the criminal trial to understand the theory taught in class.
Tutorials are an essential part of the course as attendance record will be kept and participation
in tutorial discussions will assist students to interact with peers and the Tutor on issues that
time does not permit to discuss in the Lecture.

Lecture and Tutorial Times

Monday Tuesday Wednesday Thursday Friday

8-9am (L) NLT

12-1pm (T) 12-1pm (L)

Lecture Room 3 NLT
4-5pm (T) 4-5pm (L) MLT 4-5pm (T) 2-3pm(T)
Lecture Room 3 Lecture room 5 Lecture room 3

These times are subject to change by the timetable officer at the student administration. At the
start of the semester as some tutorial location may be moved to the law lecture rooms.
GUEST LECTURES

This subject will cover practical application of the criminal practice and procedures in all courts
including court administration from the Village Courts, District Courts, National and Supreme
Courts. To give students a taste of the real-life experiences, we will invite guest Lecturers to
share their industry experiences with us. We may arrange for a Village Court Magistrate,
Committal Court Magistrate, a National Court Judge, Correctional Services officer, Probation
officers and Police criminal investigation officers to attend and talk to the students and share
their experiences on how they as stakeholders perform their duties as part of the Criminal
justice system. So, it will be interesting to hear from the stakeholders on how the criminal
justice system work.
TEXT BOOKS

There are numerous text books at our UPNG Law Library and at the Special Reserve section,
and online that can be used to understand the course content. Students are encouraged to read
widely using online materials including YouTube. The following books are strongly
recommended to assist you through the duration of this semester. Some of them are put on
special reserve to enable everyone to have excess to them. If you have a copy of any of the
recommended text, assist your course mates who do not have a copy.

1. Matui. M, 2017. Trial Practice and Criminal Procedure in Papua New Guinea, available
for purchase at the UPNG Bookshop
2. C.J. JEMMINS, A practical approach to Criminal Procedure.
3. DUNCAN J. COLQUHOUN- KERR, Preparing for Trial (Available for purchase at the
Law School), Special Reserve.
4. O’NEIL & DESAILY, Criminal Jurisdiction of Magistrate in Papua New Guinea.
5. J.A. GRIFFIN, Criminal Procedure in Papua New Guinea. (though largely out of date, a
very useful starting point). DAVID NAPLEY, The Technique of Persuasion
6. RICHARD DUNCANN, The Act of Advocate
7. K.F. HEGLAND, Trial and Practice Skills
8. MICHAELD ZANDER, Cases and Materials on the English Legal System
9. KEITH EVANS, Advocacy at the Bar
10. Going to Court- Public Prosecutor publication ( Law Library section of the library)

STATUTORY MATERIALS
The following statutes will be referred to and discussed extensively throughout the course, and it is
advised that students ensure they possess copies of or have ready access to these.

1. Constitution of Papua New Guinea, Chapter 1

2. Criminal Code Act, Chapter 262.
3. Summary Offences Act, Chapter 264
4. Inter-Group Fighting Act, Chapter 344
5. Search & Seizure Act, Chapter 341
6. Arrest Act, Chapter 339
7. Bail Act, Chapter 340
8. Supreme Court Act, Chapter 37
9. Supreme Court Act, Chapter 38
10. Supreme Court Rules
11. Supreme Court Rules
12. District Court Act, Chapter 40
13. Village Court Act 1989 (No. 37 of 1989)
14. Evidence Act, Chapter 48
15. Extradition Act, Chapter 49
16. Lukautim Pikinini Act 2015
17. Corrective Institutions Act & Regulations, Chapter 63
18. Coroners Act, Chapter 32.
 COURSE OUTLINE:
TOPICS:

1. HISTORY:

Overview of the Criminal Justice System.

History of Criminal Justice System (pre independence)

i) Pre-independence (administrative courts)

ii) Administrative court officials
iii) Custom and Common Law.
iv) Constitution.
v) Criminal Code Act
vi) Other sources of criminal law

2. CRIMINAL PROCEDURE
A.
i) What is criminal procedure?
ii) What is a criminal Justice system
iii) Purpose of Criminal Justice System
iv) Functions of Criminal Justice System

B. Components of the Criminal Justice System

i) Law Enforcement (Police)
ii) Adjudicature or Prosecution
iii) Corrections Services

C. Principles of Criminal Justice System

i) Innocent until proven Guilty
ii) Burden of Proof

Elements of Crime
a) Actus reus/ The act of crime
b) Mens rea/ The intent of the Crime

D. Principles of Criminal Justice System

iii) Standard of Proof

iv) Right to remain silent
iv) without reasonable doubt
v) without reasonable excuse
vi) defence of insanity

3. THE COURT STRUCTURE:

a) The Courts. (Village, District, National, Supreme Court)

b) Types of courts – Juvenile, Family, Traffic,
c) Jurisdiction of the Courts of the Criminal Justice System.
d) Other compliance- Fisheries, Customs, Immigration, IPA
e) Classification of Crime
 4. CRIMINAL PROCEDURE- INVITATION OF A CRIMINAL CASE:

a) Complaint
i) Police Investigations, interrogation, evidence gathering
ii) Voluntary attendance by alleged offender at Police Station
iii) Search and Entry (Search Act) if offender does not attend
iv) Search with Search Warrant
v) Search without Search warrant

b) Arrest (Arrest Act)

c) Arrest with Warrant of Arrest

d) Arrest without Warrant of Arrest

e) Citizen’s Arrest

f) Constitutional rights- Judges Rules (at the police station)

g) Right to Bail (Bail Act)

h) Police complaint/ Filing of the Information & Summons to a person Upon

Information

i) Service of the summons

a) Service of the summons before court (time)
b) Age of person receiving the summons
c) Affidavit of service/ proof of service,
d) Court appearance/ Mention

5. PARTIES IN CRIMINAL COURT

a) Parties to an Offence

i) Police-v Defendant
ii) State-v- Accused
iii) Police Prosecutor
iv) State Prosecutor
v) Defence Lawyer
vi) Public Solicitor/ Private Counsel

6. SUMMARY PROCEDURE IN THE VILLAGE COURT

i) Informal procedure
ii) Jurisdiction
iii) no strict compliance to rules of evidence
iv) powers to impose fines/ order for imprisonment
v) no procedural distinctions bet civil/ criminal
7. SUMMARY PROCEDURE IN THE DISTRICT COURT.

i) Information
ii) Statement of Charge
iii) Evidence, oral, written statements, documentary, medical
iv) Arraignment
v) Plea
vi) Guilty
vii) penalty/ fine/ Sentencing
viii) Not guilty- Trial
ix) No case submission
x) Verdict
xi) Sentencing, penalty, fine, compensation orders
xii) Appeal

8. COMMITTAL COURT PROCESS

(i) Information and statement of charge

(ii) Indictable Offences triable summarily
(iii) Indictable offences
(iv) Prima facie case
(v) Standard of proof (not beyond reasonable doubt)
(vi) Hand Up Brief
(vii) No case submissions
(viii) Committal to stand trial in the National Court
(ix) Ex-Officio Indictment

9. NATIONAL COURT
Procedures:
i) Indictment
ii) Plea
iii) Plea Bargaining
iv) Guilty Plea
v) Submissions on Sentence
vi) Dismissal for want of prosecution
vii) Not Guilty Plea- Trial
viii) Examination in chief
ix) Cross Examination
x) Re- Examination
xi) submissions
xii) Verdict/ conviction/ acquittal
xiii) Nolle Prosequi
10. POST CONVICTION:

Sentencing

1) The Allocutus
II) Probation- Means Assessment Report
III) Criminal Compensation
IV) Restitution
V) Suspended sentence
VI) Non-custodial sentence
VII) Sentencing principles

11. SUPREME COURT

a) Appeal on Conviction
b) Appeal on Sentence

12. IMPRISONMENT- REHABILTATION

i) Imprisonment
ii) Restriction of movements
iii) Death Penalty
iv) Rehabilitation

13. Challenges of the criminal practice and procedure

a) Reforms-Criminal Compensation Act and sentencing

b) Tribal Fighting and criminal procedure challenges
c) Domestic Violence and Gender based violence and criminal procedure challenges
d) Criminal Code (Compensation) Act and ethical issues

ASSESSMENTS

1. Assignment 25%
2. Test 25%
3. Tutorials 10%
4. Exam 40%

MICHAEL STEVEN WAGAMBIE (MSW)

COURSE LECTURER/ COORDINATOR TPCP
Dated: 3rd June 2022