The District Court was built for unrepresented people: short forms, small fees, magistrates who can and do ask the questions. But some cases in it carry prison, and some carry K10,000. Whether you need a lawyer depends on which kind yours is.
Who may appear for you
(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 and certified by its Director to represent a party; or (c) a candidate for the degree of Bachelor of Laws at the University of Papua New Guinea certified by the Dean, after consultation with a magistrate nominated by the Magistrates Association; 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.
(3), (4) The Court may prohibit a law student from representing a party where his conduct is detrimental to the party’s interests, giving reasons.
Paragraph (e) is the one that matters for most people. A relative, a village leader or a friend who speaks English or Tok Pisin well may be given leave to speak for a party. The Manual notes that the District Courts Act goes further than the Constitution, entitling a party in any case, criminal or civil, to representation. Leave is discretionary; a disruptive or plainly incompetent representative will be refused. See non-lawyer representation.
The constitutional right in criminal cases
A person charged with an offence shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law.
A magistrate barred the accused’s lawyer mid-trial and then refused an adjournment for the accused to obtain another, giving reasons of court-room availability and convenience. The National Court held the reasons were not exceptional, the refusal breached section 37 of the Constitution, and a serious miscarriage of justice resulted; the convictions and the twelve-month sentence were quashed.
— National Court, PGNC 143 (2003)
The right is to a reasonable opportunity to obtain a lawyer, not to unlimited adjournments. A defendant who has had months and done nothing will be refused; one who applied to the Public Solicitor and is waiting, or whose lawyer has fallen ill, should be given time. The Public Solicitor represents people who cannot afford a lawyer in criminal matters where the charge is serious, and in some civil matters; see the Public Solicitor and where to get help.
When a lawyer is worth it
| Situation | Advice |
|---|---|
| Committal for an indictable offence | Yes. The s 96 statement and the decision whether to cross-examine or call evidence have consequences at trial. Public Solicitor if eligible |
| Summary trial of an indictable offence under Criminal Code s 420, or any charge carrying likely imprisonment | Yes, or at least advice on plea and sentence |
| Simple offence, guilty plea, fine likely | Usually not; prepare a short plea in mitigation |
| Civil claim or defence over a few thousand kina, or involving documents, contracts or land | Advisable, but weigh the fee against the amount; recoverable costs are capped by Schedule 4 |
| Small debt, maintenance, family protection order | Usually not; the forms and the magistrate carry the case |
| Appeal to the National Court | Yes. The appeal book, the grounds and the s 230(2) test are technical |
| Village Court | Lawyers are not permitted |
Under section 263 and Schedule 4 of the Regulation, the costs a winner can recover from the loser are capped at a few hundred kina, so a lawyer’s real fee is largely borne by the client whatever the result. See fees and lawyer costs.
If you appear alone
The Manual tells magistrates that where only one side has a lawyer they may be obliged to ensure the unrepresented party is not unfairly disadvantaged: explaining the charge or claim, explaining the right to cross-examine and to call evidence, and putting questions to witnesses where the party cannot. Section 122 requires the charge to be explained and the plea taken properly; section 61 requires both sides to be heard. What the Court will not do is make your case for you. Bring every document, bring your witnesses on the day, write down the points you want to make, and if you are not ready say so and ask for an adjournment before the hearing starts, not after it has gone wrong. If you plead guilty, have a short statement ready on your circumstances and any compensation paid. If a lawyer is on the other side, ask the magistrate to explain anything you do not follow.
Agents and fees
A person who represents others for reward without being a lawyer commits an offence under the Lawyers Act, and section 263 of the District Courts Act caps what an “agent” may charge at the Schedule 4 figures. A friend given leave under section 59(1)(e) should be a friend. Trainee lawyers and certified law students appear under supervision and free of charge, and are a real resource in Port Moresby.
If your lawyer withdraws
A lawyer who withdraws on the day leaves the client in the Bernik position. Ask at once for an adjournment to instruct another and, if refused, note the refusal for appeal. A conviction after a hearing at which the accused was unfairly deprived of representation is a strong candidate for the substantial miscarriage of justice test under section 230(2). See appeals.
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation).
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.