Criminal law in Papua New Guinea

The Constitution requires criminal proceedings to follow written law. An accused person is presumed innocent, must receive a fair hearing within a reasonable time and must be told the charge promptly in a language they understand. The accused must have enough time and facilities to prepare a defence, question witnesses, avoid compelled self-incrimination and avoid being tried twice for the same offence. A person may defend themselves, use private counsel or seek assistance from the Public Solicitor if they cannot afford a lawyer. A free interpreter can be requested, including for Tok Pisin, Hiri Motu, Police Motu and other languages through the Judiciary Interpreting Service. The Royal Papua New Guinea Constabulary, commonly called the RPNGC, investigates crime through bodies such as the Criminal Investigation Division, the Sexual Offences Squad and the Family and Sexual Violence Unit. The latter provides safer reporting, investigation, court support, safety planning, medical or counselling referrals and related assistance. A report can be made at a police station; serious sexual or family violence cases may continue on the available evidence even when the victim later does not wish to proceed. Internal Affairs handles public complaints and independent internal investigations concerning police conduct. Arrest and search powers come from legislation, including the Arrest Act (Ch 339), rather than general common-law powers. Police must give the reason for arrest and the accusation without delay, allow contact with a family member, friend and lawyer, and bring the arrested person before a court without delay. Detention requires court control. Bail is generally available until acquittal or conviction, subject to exceptions such as treason, wilful murder and the interests of justice. A person in custody must receive humane treatment; people held on remand should be separated from convicted prisoners, and children require age-appropriate separation. District Courts hear summary offences and conduct committal proceedings. After a police complaint, investigation and charge, the District Court decides whether a serious case should proceed to trial in the National Court. The State prosecution is conducted by the Public Prosecutor. The National Court normally begins a serious criminal trial after committal. The Criminal Practice Rules 2022, the Evidence Act and the Constitution shape procedure and evidence. The Court of Appeal hears appeals from the National Court, while the Supreme Court remains the highest court for constitutional matters and referrals. Older legal materials may describe a different appellate structure, so the applicable appeal procedure should be checked for the particular case. Offences include wilful murder and manslaughter, assault, sexual offences, offences against children, property offences, fraud, corruption and money-laundering-related offences, trafficking and public-order offences. The Family Protection Act 2013, as amended in 2022, criminalises domestic violence; a customary payment does not provide a defence. The Criminal Law (Compensation) Act 1991 allows a District or National Court to order compensation as part of a criminal sanction. The court may consider the custom involved, seriousness, injury and the offender's means, but compensation does not replace prosecution. Children under 18 alleged to have offended fall under the Juvenile Justice Act 2014. A child under 10 has no criminal responsibility. Police should consider warnings, community-based conferences and diversion before formal proceedings. Restorative justice can involve the child, family, victim and community through reconciliation, restitution and accountability. Parents or guardians and a Juvenile Justice Officer should be notified. Serious allegations such as homicide, rape or an offence carrying life imprisonment can proceed in the National Court, using juvenile procedures as far as practicable. Imprisonment follows consideration of alternatives and generally requires a serious indictable offence and a suitable facility; children cannot receive hard labour, corporal punishment, life imprisonment or the death penalty. Penalties can include fines, imprisonment, life imprisonment, probation, parole, compensation, restitution, forfeiture, driving disqualification and rehabilitation or community measures. The Criminal Code Amendment Act 2022 removed the death penalty for the amended offences. Treason and wilful murder carry life imprisonment without parole, while piracy, attempted piracy and sorcery-accusation-related murder carry life imprisonment with possible parole eligibility after 30 years. The Correctional Service manages remand and sentenced custody and provides containment, education, training and rehabilitation subject to constitutional safeguards. Road offences are governed mainly by the Road Traffic Act 2014 and its 2017 regulations and rules, administered by the Road Traffic Authority. Examples include reckless or dangerous driving, careless or negligent driving, driving under the influence of alcohol or drugs, driving while disqualified or suspended and attempting to obtain a licence unlawfully. Traffic infringement summonses generally provide 14 days for payment. Penalties vary: reckless or dangerous driving can carry up to K10,000 or six months' imprisonment; causing bodily injury can carry up to K50,000 or five years; and causing fatal injury can carry up to K60,000 or ten years. Careless or negligent driving can carry up to K6,000, rising to K10,000 or three years where injury or death occurs. First-offence driving under the influence can carry up to K5,000 or six months, while repeat offending can carry up to K10,000 or three years. Injury or death connected with driving under the influence can carry up to K60,000 or ten years. Disqualification periods can be at least six or twelve months. Police may arrest without a warrant in the circumstances set by section 50, and traffic officers may immobilise or seize vehicles. A person arrested for driving under the influence has a right to a medical examination. The Cybercrime Code Act 2016 covers unauthorised access, illegal interception, data or system interference, data espionage, electronic fraud or forgery, identity theft, cyber harassment, defamatory publication, cyber attacks and unlawful disclosure or content offences. It applies the Criminal Code's procedure, jurisdiction and punishment unless inconsistent. Hacking can carry up to five years' imprisonment or K7,000; damage or loss up to 15 years or K25,000; and illegal interception up to 15 years or K50,000, increasing to 25 years or K100,000 for sensitive State or military data. Aggravated cyber harassment can carry up to ten years, and conduct causing death can carry life imprisonment. The RPNGC Cyber Crime Unit, including its NCD Cybercrime Unit at 7 Mile, investigates criminal cyber matters with coordination from the Department of Information and Communications Technology, the National Cyber Security Center and the National Cybercrime Centre; those bodies do not replace prosecution. Victims can contact the Victims of Crime Helpline on 1800 200 between 8:00 and 23:00 daily. A support person can generally accompany a victim when reporting or attending court. Family Protection Orders can be requested orally or in writing by the complainant, an authorised representative, a lawyer or police. An urgent protection notice can last up to 14 days; an interim order can last up to 30 days and may be renewed once. Domestic-violence penalties range from K1,000 to K10,000 or two to five years' imprisonment, aggravated domestic violence can carry five to seven years, and breaching a protection order can carry K5,000 to K10,000 or 12 months to seven years. Access to lawyers, bail applications and courts depends on provincial capacity, court circuits, distance and registry practice. The Constitution requires a report if a trial has not begun within four months after committal, but there is no guaranteed nationwide completion period and serious cases may last years.