Home | Databases | WorldLII | Search | Feedback Papua New Guinea Consolidated Legislation

  Download original PDF

National Court Assessors Regulation 1975

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

.........
Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 42.

National Court Assessors Regulation 1975

ARRANGEMENT OF SECTIONS.

National Court Assessors Regulation 1975

MADE under the National Court Assessors Act (T.N.G.) 1925.

Dated                   200 .

1. CONSTITUTIONAL LIMITATION ON APPLICATION OF THIS REGULATION.

By virtue of Section Sch. 2.6(2) (adoption of pre-Independence laws) of the Constitution, this Regulation applies in relation to the area that, immediately before Independence Day, formed the Territory of New Guinea.

2. INTERPRETATION.

In this Regulation, unless the contrary intention appears “the Senior Magistrate”, in relation to a province, means the Senior Magistrate appointed for the province under Section 8 of the Magisterial Service Act 1975.

3. QUALIFICATIONS.

(1) Subject to Subsection (2), a person who–

(a) is between the ages of 25 and 55 years; and

(b) is of good fame and character; and

(c) is able to speak and read Tok Pisin or English,

is eligible for appointment as an assessor.

(2) A person who–

(a) is an elected or appointed member of the Parliament, an Local-level Government Special Purposes Authority or a Provincial Government; or

(b) is an officer or employee of the Public Service; or

(c) is a member of the Police Force, the Defence Force or the Correctional Service; or

(d) is a Judge or a Magistrate of a District Court; or

(e) is a clergyman or minister of religion; or

(f) is a medical practitioner; or

(g) is an allied health worker within the meaning of the Medical Registration Act 1980 and is enrolled or registered under that Act; or

(h) is a practising lawyer; or

(i) has at any time been convicted of an indictable offence,

is not eligible for appointment as an assessor.

4. LISTS OF ASSESSORS.

(1) The Senior Magistrate shall, on receiving a written notice from the Chief Justice, compile a list of persons who are–

(a) ordinarily resident within 15km of any court house, nominated by the Chief Justice in the notice, at which the Court from time to time sits; and

(b) eligible for appointment as assessors.

(2) A list compiled under Subsection (1) shall set out the name, address and occupation of each person on the list.

(3) After compilation, each list of assessors shall be forwarded to the Chief Justice for–

(a) his approval, or his revision and approval; and

(b) his signature after approval.

(4) The list of assessors signed by the Chief Justice shall be returned to the Senior Magistrate who shall publish it–

(a) by affixing a copy of it to the notice board–

(i) of the court house nominated by the Chief Justice under Subsection (1); and

(ii) of the District Office for the province in which the court house is located; and

(iii) of the Subdistrict Office for the Subdistrict in which the court house is located; and

(iv) of the Patrol Post Office (if any) for the Patrol Post area in which the court house is located; and

(b) by sending a copy to the Local-level Government or Local-level Governments for the area in which the court house is located; and

(c) in any other manner that the Chief Justice directs.

(5) The list published under Subsection (4) is the list of assessors for the purposes of any trial by the Court in which the assistance of assessors is required at the place in respect of which it was prepared, from the date of publication until the publication of the next list for that place.

5. REMOVAL OF NAME FROM LIST.

(1) On being satisfied that any person whose name is contained in a list of assessors signed by the Chief Justice is not suitable to serve as an assessor, a Judge may cause his name to be removed from the list.

(2) Where–

(a) the name of a person who is not eligible for appointment under Section 3 appears on a list of assessors; and

(b) he requests, by written notice to the Senior Magistrate, that his name be removed; and

(c) the Senior Magistrate is satisfied that he is not eligible for appointment,

the Senior Magistrate shall submit the request to the Chief Justice.

(3) If the Chief Justice approves a request made under Subsection (2), the Senior Magistrate shall remove the name from the list.

6. SELECTION FOR SITTINGS.

(1) The Registrar of the National Court shall inform the Senior Magistrate by telephone, telegram or letter of–

(a) the number of assessors; or

(b) the names of the persons on the list of assessors,

whose attendance is required by the Court at any sittings of the Court.

(2) If a number of assessors is specified under Subsection (1)(a), the Senior Magistrate shall select the names of the required number from the list of assessors.

7. NOTICE OF SELECTION.

(1) A notice of selection of an assessor under Section 6 shall be in the form in Schedule 1.

(2) A notice of selection shall be signed by a Judge, the Registrar of the National Court or the Senior Magistrate.

(3) A copy of the notice of selection of an assessor shall be served personally on the person selected as an assessor not less than 24 hours before the time fixed for the commencement of the sittings of the Court specified in the notice.

8. SELECTION FOR TRIAL.

(1) When a trial is to be held with the aid of assessors, the presiding Judge shall select from the persons selected under Section 6 for the sittings two assessors to assist him at the trial.

(2) The person charged, or counsel for the prosecution, may object to an assessor, and if the Court is satisfied that the grounds for the objection are reasonable it shall not permit the assessor to sit, and shall select another assessor in his place.

9. ATTENDANCE AT ADJOURNED TRIAL.

If a trial is adjourned, the assessors selected to sit with the Judge at the trial shall attend at the adjourned hearing and any subsequent hearing until the conclusion of the trial.

10. EXCUSE FROM ATTENDANCE.

The Court may–

(a) for reasonable cause excuse an assessor from attendance at a specified hearing; and

(b) at the conclusion of a trial, direct that the assessors who have served at the trial shall not be required to serve again as assessors for a period of 12 months or such longer period as the Court allows.

11. ABSENCE OF ASSESSOR.

Where an assessor–

(a) is absent by permission of the Court; or

(b) absents himself and it is not practicable to immediately enforce his attendance,

the trial shall proceed with the aid of the other selected assessor (if any) or, if both assessors are absent, without assessors.

12. PAYMENT OF ASSESSORS.

(1) An assessor shall be paid a fee of K4.20 for each day on which he is required to attend, and does attend, a sitting of the Court.

(2) Subject to Subsection (3), where transport is not provided by the Government, an assessor shall be paid an allowance at the rate of K0.30 for each kilometre in excess of the first 2km that he is required to travel to attend the Court.

(3) An allowance under Subsection (2) shall be calculated in relation to travel one way only.

13. OATH AND AFFIRMATION.

The prescribed form of oath or affirmation under Section 6 of the Act shall be in the form in Schedule 2.

14. COURT FEE IN CIVIL PROCEEDINGS.

(1) Where a party to any proceedings (other than criminal proceedings) pending in the Court applies to the Court, a Judge or the Registrar of the National Court for the appointment of assessors at the trial, he shall, at the time of making the application, deposit a fee of K14.00 with the Registrar.

(2) The fee referred to in Subsection (1) shall be used towards payment of court costs (if any), and any balance shall be refunded to the applicant.

(3) The applicant, or the other party to the proceedings or his lawyer, may object to an assessor, and if the Court is satisfied that the grounds for the objection are reasonable it shall not permit the assessor to sit, and shall select another assessor in his place.

SCHEDULE 1

PAPUA NEW GUINEA.

National Court Assessors Act (T.N.G.) 1925.

Form 1 – Notice of Selection of Assessors.

Reg., Sec. 7. Form 1.

SCHEDULE 2 – OATH AND AFFIRMATION.

Act, Sec. 6.&break;Reg., Sec. 13.

Oath.

I, . . . , swear that I will well and truly carry out my duties as an assessor under the National Court Assessors Act (T.N.G.).

So help me God!

Affirmation.

I, . . . , solemnly and sincerely promise and declare that I will well and truly carry out my duties as an assessor under the National Court Assessors Act (T.N.G.).

Office of Legislative Counsel, PNG