Committal for trial does not mean committal to custody. The Act and the Bail Act both require the question of bail to be asked again at that moment, and they keep the door open until the National Court takes over.
On committal
Subject to Section 4, where a court commits a person who is in custody for trial or sentence in the National Court, the court shall consider and accordingly grant or refuse bail to that person in accordance with Section 9.
Where a person is charged before a Court with an indictable offence (other than a capital offence), the Court may (a) admit him to bail instead of committing him for trial or for sentence under Section 100 or 103; or (b) commit him for trial and certify for his admission to bail.
Sections 100(3) and 103(3) say the same from the other side: on committal the Court either commits by warrant to custody or admits to bail under Division 2. The Magistrates’ Manual lists committal among the occasions on which a magistrate must exercise the bail jurisdiction whether or not asked. The section 9 grounds apply, and the prosecution carries the onus; see how bail is decided.
After committal, before the sitting
Where a person charged with an indictable offence (other than a capital offence) is committed to custody for trial or sentence, a Magistrate may admit the defendant to bail at any time before the first day of the sitting or session at which he is to be tried, or before the day to which the sitting is adjourned (s 105(2)).
The Magistrates constituting the Court by which he is committed may admit the defendant to bail, or certify for his admission to bail, at any time before the first day of the sitting at which he is to be tried or sentenced (s 106).
So a defendant committed in custody can come back to any magistrate with a fresh application, with new material about a surety or an address, right up to the day the National Court sitting begins. The Manual describes this as the point at which a magistrate’s jurisdiction ends in an indictable case. From then on, bail is for the National Court under section 6 of the Bail Act; see bail in the National Court.
Capital and section 4 offences
Section 104 provides that a person charged with a capital offence shall not be admitted to bail except by order of the National Court or a Judge. Section 4 of the Bail Act goes wider: wilful murder, murder, offences punishable by death, and rape, abduction, piracy, burglary, robbery, kidnapping, assault with intent to steal and break and enter where a firearm was involved, may be bailed only by the National or Supreme Court. For those charges the committing magistrate commits in custody, and the application is made to a judge, where the principles in Re Keating [1983] PNGLR 133 apply.
The paperwork
| Document | Provision | What it does |
|---|---|---|
| Recognizance of bail on committal (Form 31 or 32) | s 107 | The defendant, with or without sureties, undertakes to appear at the time and place of trial or sentence, to surrender and take his trial, and not to depart without leave |
| Certificate for bail (Forms 33, 34) | s 108 | Fixes the amounts; allows the recognizance to be taken later under s 84 by a magistrate, the Clerk, a police station officer or the gaol officer, after which a magistrate releases the defendant |
| Warrant of deliverance (Form 35) | s 109 | Directs the officer in charge of the institution to discharge the defendant if held for no other matter; the officer must obey without delay |
| Copies to the Public Prosecutor | s 110 | So the prosecution knows the terms and can act on breach |
The certificate route matters where sureties cannot be found on the day. The magistrate grants bail in principle and fixes the sums; the defendant is released when the sureties sign at the police station or the gaol.
Conditions after committal
Section 107(2) makes the core condition appearance at trial and surrender. Section 18 of the Bail Act allows further conditions that are not unreasonable and do not unduly interfere with the person’s life or work; typical conditions are residence at a stated address, reporting to a police station, and non-contact with witnesses. Section 23 requires a person on bail who wishes to leave the country to apply to the National Court, and Re Smedley [1978] PNGLR 156 holds that a second such application needs a substantial change of circumstances. See bail money, guarantors and conditions.
Breach and arrest
Section 86 allows a police officer who reasonably suspects that a person bound to appear for trial will not do so to arrest him and bring him before a Court, which may commit or re-bail him. Section 272(4) allows the National Court, on non-appearance for trial, to forfeit the recognizance ex parte. See breach of bail.
Delay before trial
A defendant committed in custody whose trial does not begin is entitled to keep applying. Constitution section 37(14) requires the Chief Justice to report to the Minister on any case not commenced within four months of committal, and delay is a recognised consideration in the National Court’s bail discretion. See after committal.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.