A contested District Court hearing is a trial in every sense except the name. It is shorter and less formal than a National Court trial, but the same rules of evidence apply and the same standard of proof.
The order of the hearing
(1) Where the defendant pleads not guilty, the Court shall proceed to hear the complainant and his witnesses and the defendant and his witnesses and also such witnesses as the complainant examines in reply, if the defendant has given evidence other than as to his general character.
(2) The Court, having heard what each party has to say and the evidence adduced, shall consider and determine the whole matter, and shall convict or make an order on the defendant, or dismiss the information, as justice requires.
Section 131 fills in the detail: the examination and cross-examination of witnesses and the right of address are conducted, as nearly as practicable, according to National Court practice on the trial of an issue of fact. In practice that means the sequence in the table below.
| Stage | What happens |
|---|---|
| 1. Prosecution case | Each prosecution witness is sworn (s 62), examined by the prosecutor, cross-examined by the defendant, re-examined. Other witnesses may be ordered out of court (s 63) |
| 2. No case to answer | The defendant may submit that the evidence could not support a conviction; if upheld, the information is dismissed |
| 3. Defence case | The defendant may give evidence (s 60(2)) and call witnesses, each cross-examined by the prosecutor. The defendant cannot be compelled to testify (Constitution s 37(10)) |
| 4. Reply | Only if the defendant gave evidence beyond character, the prosecutor may call evidence in reply |
| 5. Addresses | Each side addresses the Court; the defendant usually last |
| 6. Decision | Conviction, order, or dismissal, with reasons |
The rights that shape the hearing
Section 37(4) of the Constitution gives a person charged the presumption of innocence, adequate time and facilities to prepare, a free interpreter, the right to defend in person or by a lawyer, and the right to examine the prosecution witnesses and to obtain and examine his own witnesses on the same conditions. Section 60 of the Act repeats the right to cross-examine. Its importance was shown in Kereku v Dodd [1969–70] PNGLR 176, where a magistrate who told an unrepresented defendant he had “exhausted” his right to cross-examine by not using it at once caused a substantial miscarriage of justice. The magistrate must also, under section 145 in civil cases and by the same practice in criminal cases, take down the evidence in writing, because that record is what any appeal is decided on.
Burden and standard of proof
The prosecution must prove every element of the offence beyond reasonable doubt. The exception in section 64 is that an exception, exemption, proviso, excuse or qualification in the offence provision need not be negatived by the prosecution and the burden of proving it is on the person alleging it, on the balance of probabilities. Constitution section 37(4)(a) permits a law to place on the defendant the burden of proving particular facts peculiarly within his knowledge, and section 2 of the Summary Offences Act does so for “lawful excuse”. See who has to prove what.
The decision
Section 129(2) requires the Court to consider and determine the whole matter. Section 224(1)(b) requires the Clerk on an appeal to forward the reasons if any were given at the time the decision was pronounced, and section 225 requires a magistrate who gave none to write a report of reasons afterwards. The Manual’s advice to magistrates is to give reasons at the time and to record findings on the credibility of witnesses. A defendant who is convicted without reasons is entitled to ask for them.
If the Court convicts, sentence follows, with the compensation and restriction-of-movement inquiries the Act requires. If the Court dismisses the information, section 162 requires an order of dismissal and, on application, a certificate of dismissal, which is a bar to any other proceeding for the same matter against the same person. Costs may be awarded to an acquitted defendant, but only after the Court has worked through section 260A; see costs for an acquitted defendant.
If a party does not appear
If the prosecutor does not appear, section 124 requires the information to be dismissed unless the Court thinks proper to adjourn. If the defendant does not appear, the Court may proceed in absence only for a fine-only offence; otherwise a warrant issues. See the absent prosecutor and hearing a charge without the defendant.
Part-heard hearings
A summary hearing can be adjourned under section 89 and resumed. Section 90 provides that a magistrate who did not sit at the earlier part of the hearing must either withdraw or start again; a case cannot be finished by a different magistrate on the earlier evidence. During an adjournment the defendant may be left at large, remanded, or bailed. See adjournment and remand.
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.