The District Court is the one court in Papua New Guinea where most parties appear without a lawyer. The Act recognises that, and opens the door wider than the National Court does.
Who may represent a party
(1) A complainant or a defendant may be represented for the purpose of a proceeding by (a) a lawyer; or (b) a person admitted as a trainee to the Legal Training Institute who is certified by the Director of the Institute to represent a party; or (c) subject to Subsection (3), a candidate for the degree of Bachelor of Laws at the University of Papua New Guinea who is certified by the Dean, after consultation with a Magistrate nominated by the Magistrates Association, to act as a legal representative; or (d) any other person authorized by law; or (e) any other person by leave of the Court.
(2) On the hearing of an information, the informant may appear by a police officer.
Section 1 defines “legal representative” as a person in paragraphs (a), (d) or (e), or a certified trainee or student under (b) or (c). Wherever the Act uses the phrase, all five categories are included.
The five categories
| Representative | Condition | Typical case |
|---|---|---|
| Lawyer | Admitted under the Lawyers Act and holding a practising certificate | Private firms; the Public Solicitor’s lawyers; the State Solicitor |
| Legal Training Institute trainee | Certified by the Director of the Institute | Trainees on placement with the Public Solicitor or a firm |
| UPNG law student | Certified by the Dean after consultation with a nominated magistrate; the Court may bar a student whose conduct is detrimental to the client (s 59(3)–(4)) | Clinical legal education programmes |
| Person authorised by law | Another Act gives the right | A Village Court official, a welfare officer, an officer of a statutory body |
| Any other person by leave | Leave of the Court in the particular proceeding | A relative, a village leader, an employer’s officer, a paralegal |
Lay representatives by leave
Paragraph (e) is the District Court’s distinctive feature. The Court has a discretion, and the Magistrates’ Manual suggests it is exercised with regard to the ability of the proposed representative to assist, the wishes of the party, the complexity of the case and the interests of justice. Leave is for the proceeding, not general, and can be withdrawn. A person who represents others for reward without being a lawyer risks offending the Lawyers Act, so the practice is to grant leave to a friend or relative assisting without fee rather than to a business of lay advocacy.
The Manual notes that in a Village Court a party is not entitled to legal representation but may be represented by any other person, and that in a Local Land Court legal representation is not permitted at all. Those restrictions do not apply in the District Court, including when it hears an appeal from a Village Court.
Appearing in person
(1) A complainant or defendant may himself, or by his legal representative, conduct his case, and may examine or cross-examine the witnesses giving evidence for or against him.
(2) A complainant or defendant may give evidence himself.
This is the right that most District Court litigants exercise. It carries with it the right to cross-examine, which in Kereku v Dodd [1969–70] PNGLR 176 was held to be so fundamental that denying an unrepresented defendant the chance to cross-examine was a substantial miscarriage of justice. Constitution section 37(4)(e) guarantees a person charged the right to defend himself in person, and the Manual devotes a chapter to the magistrate’s duty to ensure that an unrepresented party understands the procedure and is not unfairly disadvantaged, without the magistrate becoming the party’s adviser. See do I need a lawyer.
Police prosecutors
Section 59(2) is why the prosecutor in a District Court criminal case is usually a police officer rather than a lawyer. The informant, who is a police officer, appears by another police officer, the police prosecutor. The Public Prosecutor may under section 4(1)(h) of the Public Prosecutor (Office and Functions) Act provide a lawyer to conduct a prosecution or a committal in a court other than the National or Supreme Court where the State requests it or the interests of justice require, and does so in serious committals.
Free legal help
Constitution section 37(4)(e) entitles a person charged with an offence, if entitled to legal aid, to be represented by the Public Solicitor. The Public Solicitor Act 2021 governs that office. In practice the Public Solicitor concentrates on serious indictable matters and committals, but its offices do assist in District Court matters where resources allow. See what the Public Solicitor does and the help page.
Costs of representation
Section 263 provides that a lawyer or agent is not entitled to receive more by way of fees for work done in the District Court than the prescribed sums, which are in Schedule 4 of the Regulation and rise with the amount recovered or claimed. A party who wins may be awarded costs under section 260, but the amount is fixed by the Court within the schedule. The scale is old and low, which is one reason many parties represent themselves. See fees and lawyer costs.
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.