COMMITTAL COURT

LEARNING OUTCOMES
BY THE END OF THE SESSION, THE STUDENTS SHOULD BE ABLE
TO:
❑ IDENTIFY AND DISCUSS THE REASONS COURT’S USE AS A GUIDE
TO COMMIT A PERSON TO STAND TRIAL IN THE NATIONAL
COURT
❑ IDENTIFY THE BASIS OF THE PUBLIC PROSECUTOR ELECTING
TO FILE AN EX-OFFICIO INDICTMENT.
❑ DISCUSS THE CAUSE OF ACTION AN AGGRIEVED CAN TAKE
WHEN AGGRIEVED BY THE MAGISTRATES DECISION TO
COMMIT TO STAND TRIAL
❑ DISCUSS THE RECOURSE AN AGGRIEVED CAN TAKE AFTER THE
 REASONS TO COMMIT TO STAND TRIAL IN THE
NATIONAL COURT
❑ WHEN DECIDING ON WHETHER TO COMMIT A PERSON TO
STAND TRIAL IN THE NATIONAL COURT, THE MAGISTRATE
USUALLY CONSIDER THESE FACTORS:-
❑ SUFFICIENT PRIMA FACIE EVIDENCE
❑ PUBLIC INTEREST
❑ REASONABLE PROSPECT OF CONVICTION
❑ ADMISSIBLE EVIDENCE
❑ RELIABLE EVIDENCE
 REASONS TO WARRANT EX OFFICIO
INDICTMENT
▪ AN EX OFFICIO INDICTMENT SHOULD ONLY PROCEED WHERE
THE PUBLIC PROSECUTOR IS SATISFIED THAT:-
▪ THE MAGISTRATE ERRED IN DECLINING TO COMMIT,
▪ FRESH EVIDENCE HAS BECOME AVAILABLE, AND IF THE
EVIDENCE HAD BECOME AVAILABLE AT THE TIME OF THE
COMMITTAL PROCEEDING, THE DEFENDANT WOULD HAVE
BEEN COMMITTED TO STAND TRIAL
▪ THERE IS A REASONABLE PROSPECT OF OBTAINING A
CONVICTION AND PROSECUTION IS IN THE PUBLIC INTEREST
 APPEALS AND REVIEW FROM THE DISTRICT
COURT
❑ WHAT HAPPENS WHEN A PERSON IS AGGRIEVED BY THE DECISION OF A DISTRICT COURT IN
A MATTER DEALT WITH SUMMARILY?,
❑ HE CAN APPEAL TO THE NATIONAL COURT AGAINST CONVICTION OR SENTENCE OR BOTH
CONVICTION AND SENTENCE. ONCE A DECISION IS MADE- THE MAGISTRATE’S ROLE ENDS(
FUNCTUS OFFICIO), THEREFORE THE ONLY RECOURSE AVAILABLE TO THE ACCUSED IS TO
APPEAL TO THE NATIONAL COURT. PURSUANT TO S 219(4) OF THE DISTRICT COURTS ACT THE
PUBLIC PROSECUTOR MAY APPEAL TO THE NATIONAL COURT AGAINST ANY SENTENCE OF
THE DISTRICT COURT IN RELATION TO AN INDICTABLE OFFENCE DEALT WITH SUMMARILY.
❑ WHAT HAPPENS WHEN A PERSON COMMITTED TO STAND TRIAL IS AGGRIEVED THAT HE IS
BEING COMMITTED TO STAND TRIAL IN THE NATIONAL COURT?
❑ SINCE THE CASE HAS NOT BEEN FULLY HEARD OR TRIED, MEANING THAT EVIDENCE WAS
NOT ADDUCED IN COURT BY THE INFORMANT AND THE ACCUSED, NO DECISION IN RESPECT
OF THE MERITS OF THE CASE WAS REACHED. THE ONLY DECISION MADE WAS TO REFER THE
ACCUSED TO STAND TRIAL AT THE NATIONAL COURT. HENCE THE RECOURSE AVAILABLE TO
THE AGGRIEVED IS TO FILE AN APPLICATION FOR JUDICIAL REVIEW UNDER ORDER 16 OF THE
NCR TO ASK THE NATIONAL COURT TO QUASH THE DECISION TO COMMIT HIM TO STAND
TRIAL IN THE NATIONAL COURT. JUDICIAL REVIEW IS ABOUT CHALLENGING THE WAY IN
WHICH THE DECISION WAS REACHED AND NOT ABOUT RIGHTS AND WRONGS OF THE FINAL
DECISION.
REASONS FOR PUBLIC PROSECUTOR’S DECISION TO
TRIAL A MATTER SUMMARILY
• WHILE THE SERIOUSNESS OF THE OFFENCE AND THE LIKELY
SENTENCE ON INDICTMENT WILL BE OF PARAMOUNT CONCERN, IN
SOME CASES IT MAY ALSO BE APPROPRIATE TO HAVE REGARD TO:
• A) THE GREATER DETERRENT EFFECT OF A CONVICTION OBTAINED
ON INDICTMENT;
• B) THE DELAY, IF ANY, ASSOCIATED WITH PROCEEDING ON
INDICTMENT AND THE LIKELY EFFECT THEREOF ON THE VICTIM,
WITNESSES, OR DEFENDANT;
• C) THE DESIRABILITY OF EARLY RESOLUTION, POSSIBLY
OCCASIONED BY PROCEEDING SUMMARILY, TO DETER FUTURE
OFFENCES.
• ONLY THE PUBLIC PROSECUTOR, OR HIS DELEGATE, MAY SIGN AN
ELECTION TO PROCEED SUMMARILY, AND ONLY HE MAY CONSENT
TO THE WITHDRAWAL OF INFORMATION BEFORE A PRINCIPAL OR
 JUDICIAL REVIEW OF THE DECISION TO COMMIT
❑ IF ACCUSED COMMITTED TO STAND TRIAL IN THE NATIONAL COURT- ACCUSED MAY FILE
APPLICATION FOR JUDICIAL REVIEW PURSUANT TO ORDER 16 NATIONAL COURT RULES TO
JUDICIALLY REVIEW THE DECISION TO COMMIT HIM TO STAND TRIAL[BUT ONLY WHERE
HE HAS NOT BEEN GIVEN OPPORTUNITY TO MAKE SECTION 94 SUBMISSION SEE JUSTICE
LEKA NABLU’S DECISION RE:] GERARD PHILIP VS. PAUL NDRAN’OH AND THE STATE (2010)
N4091.
❑ EX OFFICIO INDICTMENT
❑ IF THE COMMITTAL COURT AT A COMMITTAL HEARING DECIDES TO DISMISS AN
INFORMATION, THE PP CAN FILE AND EX-OFFICIO INDICTMENT BUT THE PP DO SO WHEN
HE IS SATISFIED THAT: (A) THE MAGISTRATE ERRED IN DECLINING TO COMMIT; AND/OR
(B) FRESH EVIDENCE BECOMES AVAILABLE AFTER THE MAGISTRATE DECLINES TO
COMMIT AND IF THAT EVIDENCE HAD BEEN AVAILABLE TO THE MAGISTRATE HE WOULD
HAVE COMMITTED THE DEFENDANT FOR TRIAL, HOWEVER, THE PP MUST DETERMINE
WHETHER THERE IS A REASONABLE PROSPECT OF A CONVICTION AND THAT THE
PROSECUTION IS IN THE PUBLIC INTEREST.
❑ SECTION 526 OF THE CCA PROVIDES THAT WHERE A COURT OF SUMMARY JURISDICTION
HAS REFUSED TO COMMIT A PERSON FOR TRIAL FOR AN INDICTABLE OFFENCE, THE PP
MAY CONSIDER THE EVIDENCE CONTAINED IN THE DEPOSITIONS TAKEN BEFORE THE
COURT, AND ANY OTHER RELEVANT EVIDENCE, DRAFT AN INDICTMENT IN RELATION TO
 DEFINITIONS GLOSSARY

• TO UNDERSTAND THE CRIMINAL COURT PROCESS IN PAPUA NEW GUINEA

STUDENTS OR COURT USERS SHOULD BE FAMILIAR WITH THE WORDS
AND PHRASES THAT ARE USED.;
• COMPLAINANT,
• DEFENDANT,
• ACCUSED ,
• PROSECUTOR,
• PROSECUTRIX,
• APPEAL,
• ADJOURNMENT,
• ALLOCUTUS,
• ARRAIGNMENT, ARREST, BAIL, BAIL CERTIFICATE,
 TAKE HOME POINTS

❑ A DEFENDANT OR PUBLIC PROSECUTOR CAN APPEAL A

DECISION AT THE DISTRICT COURT BASED ON CONVICTION
AND SENTENCE
❑ AN AGGRIEVED PERSON CAN FILE A JUDICIAL REVIEW TO
CHALLENGE THE DECISION OF THE MAGISTRATE TO COMMIT
TO STAND TRIAL. A CIVIL COURT CANNOT RESTRAIN A
CRIMINAL PROCEEDING
❑ AN AGGRIEVED PERSON CAN FILE AN APPEAL IN THE NATIONAL
COURT IN RESPECT OF THE DECISION MADE AFTER A SUMMARY
TRIAL
❑ REASONS TO COMMIT OR TO FILE AN EX OFFICIO INDICTMENT