Two District Courts sitting in the same building can have different powers, depending on who is on the bench. The dividing line is the grade of Principal Magistrate.
What the grade is
Section 5 of the Magisterial Service Act (Chapter 43) divides the Service into Deputy Chief Magistrates, Principal Magistrates and District Court Magistrates. A Principal Magistrate is appointed by the Judicial and Legal Services Commission under section 1A of the District Courts Act, and must hold the qualifications in section 1B or 1C: a law degree with four years in practice or five years on the bench for a citizen, or five years in practice for a non-citizen.
Before 2000 the grade was called Magistrate Grade V, and that is still the phrase used in section 420 of the Criminal Code. The Code’s own annotation records that the phrase is now to be read as Principal Magistrate, following section 1A of the District Courts Act. The District Courts (Amendment) Act 2000 made the same substitution in sections 20(1A) and 122(5).
What the grade unlocks
| Power | Provision | Effect |
|---|---|---|
| Summary trial of Schedule 2 indictable offences | District Courts Act s 20(1A); Criminal Code s 420(1) | Proceedings for an indictable offence triable summarily shall be heard and determined by a District Court constituted by one or more Principal Magistrates |
| Civil claims up to K10,000 | s 21(1)(a) | Where the Court consists of one or more Principal Magistrates the limit is K10,000; otherwise K8,000 |
| Venue for section 420 offences | s 122(5) | An indictable offence triable summarily under section 420 shall be heard in a Court constituted by a Principal Magistrate, at a time and place the Court determines |
| Sentences up to 10 years | Criminal Code s 420(2) | Where the Code’s maximum exceeds 10 years, the maximum a Principal Magistrate may impose is 10 years |
| Juvenile appeals | Juvenile Justice Act 2014 s 92 | An appeal from a Juvenile Court, or from a court of summary jurisdiction dealing with a juvenile, goes to a court constituted by a Principal Magistrate |
Section 20(1A) speaks of a District Court constituted by one or more Principal Magistrates. A District Court Magistrate cannot try a Schedule 2 offence summarily even if the Public Prosecutor has elected summary trial; the matter must go before a Principal Magistrate. If it is heard by the wrong grade the conviction is made without jurisdiction. The same applies to a civil claim between K8,000 and K10,000. See the money limit.
The Chief and Deputy Chief Magistrates
Section 9(3) of the Magisterial Service Act gives the Chief Magistrate and the Deputy Chief Magistrates the same jurisdiction as the highest grade of magistrate, and section 9(2) provides that a power conferred on a particular grade is deemed to be conferred on every higher grade. So a Court constituted by the Chief Magistrate or a Deputy Chief Magistrate has everything a Principal Magistrate has. Constitution section 175(3) says the same of the Chief Magistrate directly.
The Public Prosecutor’s election
The grade is one half of the equation for Schedule 2 offences. The other half is the Public Prosecutor’s election. Section 4(1)(ga) of the Public Prosecutor (Office and Functions) Act (Chapter 338) gives the Public Prosecutor an absolute discretion to elect the method of proceeding under section 420 of the Criminal Code, including the withdrawal of an information. In The State v The Principal Magistrate, District Court, Port Moresby; Ex parte the Public Prosecutor [1983] PNGLR 43 the Supreme Court held that an information for a scheduled offence is, and must proceed as, a committal matter until the Public Prosecutor elects for it to be dealt with summarily. Without the election, even a Principal Magistrate can only commit. The full picture is in indictable offences triable summarily.
When two magistrates sit
Section 16(1) allows a Court to be constituted by one or more magistrates. A bench of two or three is unusual but lawful, and it is one way a District Court Magistrate can sit on a Schedule 2 matter: the Court is still “constituted by one or more Principal Magistrates” so long as at least one Principal Magistrate is on it. Where two or more sit, section 16(2) makes the magistrate senior by date of appointment the Chairman. Section 26 deals with disagreement: the majority decides, and if the bench is equally divided an information is reheard before other magistrates while on a complaint the Chairman has a casting vote. See what happens if two magistrates disagree.
“District Court Judges”
The District Courts (Amendment) Act 2009 replaces “Principal Magistrate” with “District Court Judge” in sections 1, 1A to 1C, 20(1A) and 122(5), and lifts the civil limit for that grade to K50,000. The Act commences only on gazettal by the Head of State, and the consolidation relied on here records that it had not commenced. Until it does, the grade, the name and the K10,000 figure in this article are the operative ones.
The District Courts Act itself is not on PacLII; it is available on vLex. Section references above are to the consolidation to No 8 of 2000.
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.