Title: Royal Papua New Guinea Constabulary Juvenile Justice Policy and Protocols Workshop.
1(No Transcript)
2THE COURT SYSTEM IN PNG.
- Supreme Court of Papua New Guinea
- The Supreme Court of PNG is the highest court in
the national judicial system and is the countrys
final court of appeal under s.155(2) of the
Constitution. With respect to criminal
jurisdiction, the Supreme Court has appellate
criminal jurisdiction and original constitutional
jurisdiction.
3THE COURT SYSTEM IN PNG.
- National Court of Justice
- (i) The National Court of Justice of PNG is
established by s.163(1) of the Constitution. The
National Court consists of the same judges as sit
in the Supreme Court. Its appellate and original
jurisdiction is held before a single judge. - (ii) The National Court has an unlimited
criminal jurisdiction. - (iii) The National Court has an appellate
jurisdiction hearing appeals from District Courts
and from some administrative tribunals. Appellate
jurisdiction is also exercised by a single judge. -
4THE COURT SYSTEM IN PNG.
- District Courts.
- (Magisterial Service of Papua New Guinea).
-
- The National Judicial System of PNG consists of
the Supreme Court the National Court and such
other courts as are established under Section 172
Constitution (establishment of other courts.)
5THE COURT SYSTEM IN PNG.
- District Courts.
- Magisterial Service of Papua New Guinea consists
of the Chief Magistrate, Magistrates and other
persons employed in connection with the National
Judicial System. - 1.Current strength 104 Magistrates ((150)
- 2.Support staff 500
- 3.70 District Court locations
- 4.Currently administer over 12 jurisdictions in
any one court location. -
6District Court Jurisdictions
- Criminal/Civil matters
- Taxation matters
- Fisheries matters
- Family matters (6/7)
- Juvenile Matters
- Coronial matters
- Visiting Justice matters
- Village court matters
- Land matters
- Other jurisdiction eg.HIV?Aids etc
- Leadership Tribunal matters
- Motor Traffic Matters
7JUVENILE JUSTICE REFORM PROCESS IN PNG. AN
AWARENESS PRESENTATION.
- Mr.Iova S. Geita LLB (Hons), Principal
Magistrate-Juvenile Family Courts Port Moresby.
Papua New Guinea.
8Juvenile Justice Reform Process(Background
Information)
- Juvenile justice in PNG is guided by national
- and international principles and policies on
- juveniles. They are
- The PNG National Law and Justice Policy and Plan
of Action Towards Restorative Justice (2000), - 2. The United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (1985),
9Juvenile Justice Reform Process(Background
Information)
- The United Nations Convention on the Rights of
The Child (CRC),(1989) - The United Nations Standard Rules for
Non-Custodial Measures(The Tokyo Rules 1990,) - The United Nations Guidelines for the Prevention
of Juvenile Delinquency. - (The Riyadh Guidelines 1990)
10WHO IS A JUVENILE?
- PNG STANDARD.
- Juvenile means a person
- aged not less than 7 years
- and less than 18 years.
- (s.2 JCA 1991)
- PNG Total Population
- 5,190,786.
- Juvenile population
- 1,175,255.
- (NB Census 2000.)
- UN STANDARD.
- Juvenile means a person
- aged not less than 10-12
- years and less than 18
- years.
11Minimum Ages of Criminal Responsibility.
7 8 9 10 12 13 14 15 16 18
Bangladesh Barbados Belize Cyprus Hong Kong India Jordan Lebanon Myanmar Nigeria Sudan Tanzania Thailand Zimbabwe Kenya Iran (girls) Scotland Sri Lanka Ethiopia Australia (most states) Fiji Vanuatu Nepal Nicaragua UK NZ Sierra-Leone Canada Cyprus Jamaica Korea Morocco Philippines Spain Uganda Yemen Algeria Benin Burkina Faso Chad France Madagascar Niger Poland Senegal Togo Tunisia Uzbekistan Belarus Bolivia Bulgaria China Croatia Germany Hungary Italy Japan Libya Mauritius Korea Paraguay Romania Russia Rwanda Ukraine Vietnam Yugoslavia Denmark Egypt Finland Iceland Lao Maldives Norway Peru Sudan Sweden Argentina Azerbaijan Belarus Belgium Bolivia Chile Cuba El Salvador Indonesia Mongolia Micronesia Poland Portugal Spain Brazil Columbia Costa Rica Ecuador Guatemala Mexico Panama Uruguay
12Juvenile Justice Reform Process(Background
Information)
- The PNG National Law and Justice Policy and
- Plan of Action Towards Restorative Justice
- (2000),
- Policy 4.2. Strengthening The Juvenile Justice
System - the formulation and implementation of
appropriate youth policies which should go
hand-in-hand with the development of juvenile
justice initiatives.
13Juvenile Justice Reform Process
- The United Nations Convention on the Rights
- of The Child (CRC),(1989)
- Article 40.3.
- States Parties (PNG) shall seek to promote the
- establishment of laws, procedures, authorities
and - institutions specifically applicable to children
alleged as, - accused of, or recognized as having infringed the
penal - law
14Juvenile Justice Reform Process.Overview of the
JJ Program.
- JJ program is a reform program designed to
reengineer how the justice sector meets the
challenge of juvenile offending. - Its medium term goal (3-5 yrs) is the creation of
a comprehensive JJ system, based on restorative
justice, Melanesian tradition and contemporary JJ
practice.
15Juvenile Justice Reform Process.Overview of the
JJ Program.
- Our immediate goal is to reduce by 2004 the
number of juveniles deprived of their liberty. - The reform process is a major undertaking for the
justice sector and will make significant changes
to the way children and young people are treated
when they come into contact with the law.
16Coordination and Partnerships
- The task of delivering this goal rests with the
Juvenile Justice Working Group (JJWG), an
interagency of key government and community
agencies. - JJWG is chaired by the Department of Justice
Attorney General which has lead agency
responsibilities for Juvenile Justice.NB I am
currently Chairman of the Committee)
17Program vision and immediate and sustainable goal.
- The vision for the JJ program aims to capture the
key aspects of the reform process. - The vision is
- towards a comprehensive JJ system for PNG,
- based on restorative justice, Melanesian
tradition and contemporary juvenile
justice practice
18Juvenile Justice Program Objectives.
- Improve awareness of and respect for the rights
of juveniles who come into conflict with the law. - Promote alternatives to the formal justice system
through the introduction of diversion programs
restorative justice. - Reduce the number of juveniles deprived of their
liberty, both pre-and post arrest.
19Progressive Implementation
- The introduction of change requires significant
adjustments to the way people have previously
performed their roles and introduces new programs.
20Progressive Implementation
- It requires careful preparation and
implementation, and has resource implication.
Training, work distribution, job design or
redesign,legislative awareness and rewriting
procedures are being undertaken by all affected
agencies. - Due to the size and complexity of the changes
required the reforms will be implemented
progressively commencing in NCD followed by Lae,
Kundiawa Rabaul, Wewak, Mt. Hagen and Goroka.
21Summary of Key Achievements
- On 30 January 2003, the Juvenile Courts Act 1991
(JCA), was fully gazetted/proclaimed. - On 26 May 2003, the first Juvenile Court in PNG
opened in Port Moresby and was officially
launched on 11 June 2003. - In August 2003, the Papua New Guinea Juvenile
Justice Training of Trainers Manual was released.
- On 5 April 2004, the Juvenile Court Protocol for
Magistrates was released by The Chief Magistrate.
22Summary of Key Achievements cont
- Port Moresby Juvenile Court is piloting the
diversion program. - The goal is to refer 70 of juveniles who appear
before the court to community based mediation. - The program model and guidelines were with
extensive input from ngos, church groups,
community and government agencies.
23Summary of Key Achievements cont
- On 28 February 2005, the Police Juvenile Justice
Policy and Protocols, was signed into effect by
the Police Commissioner. - On 26 May 2005, the first Juvenile Reception
Centre was launched in Port Moresby. - NB The Court will have overall responsibility of
monitoring how juveniles are treated by
different sectors of the justice system.
24Summary of Key Achievements cont
- National Juvenile Justice Policy.
- (Final stages.. printing/publishing
- Minimum Standards for Juvenile Institutions.
- (Final stages..printing/publishing)
- Juvenile Justice Act. (Draft 6)
- (Final stages..certification/promulgation.).
25Summary of Key Achievements. Gazetted Juvenile
Courts.
- Juvenile Court of Port Moresby 11th June 2003.
- Juvenile Court of Lae 25th March 2004.
- Juvenile Court of Kundiawa 21st September 2004.
- Juvenile Court of Mt. Hagen- 24th July 2005.
- Juvenile Court of Kokopo 11th August 2005.
26Amendments to the Juvenile Courts Act
Legislation??.
- Juvenile Courts Act 1991.
- Some sections were passed.
- After almost 12 years all the
- sections were passed by
- Parliament on
- 30 January 2003.
- Juvenile Justice Act 2005.
- The first drafting workshop -
- Port Moresby - 14 March 2005.
- Drafts 1 2 received- 9 May 2005
- Consultations now in progress
- Lae Momase/Highlands 26-28 July
- 2005.
- Kokopo Islands 8-18 August 2005.
- Magistrates only 27-29 Sept 2005
- Lae. M.P.
27Juvenile Justice Reform Process
- THANK YOU
- EM TASOL
- For further information contact Mrs. Kanasa or me
on Tel 32 10620 3210457 Fac 3216241 - OR
- The Director, Community Based Corrections (CBC),
Attorney Generals Department, Port Moresby.
Tel301 2906 Fac325 9773.