Supreme Court Act (Chapter 37)

• Coming into Force: 16 September 1975
• Published date: 16 September 1975
• Revision Date: 01 October 2021
• Year: 1975
• Type of Document: Current Version

Contenidos

• Supreme Court Act (Chapter 37)
• PART I.—PRELIMINARY.
• 1. Interpretation.
• PART II.—THE SUPREME COURT.
• 2. Judge sitting on appeal from his own judgement.
• 3. Continuation of appeal notwithstanding absence of Judge.
• PART III.— APPEALS TO THE SUPREME COURT.
• 4. Right of appeal from National Court.
• 5. Incidental directions and interim orders.
• 6. Appeal to be by way of rehearing.
• 7. Judgements of the Supreme Court.
• 8. Supplemental powers of Supreme Court.
• 9. Attendance of appellant in custody.
• 10. Powers that may be exercised by Judge.
• 11. Frivolous or vexatious appeals.
• 12. Judgements by less than the full number of Judges.
• 13. Application of Division 2.
• 14. Civil appeals to the Supreme Court.
• 15. Cases or points of law reserved for Supreme Court.
• 16. Decision, etc., on appeal.
• 17. Time for appealing under Division 2.
• 18. Security for appeal.
• 19. Stay of proceedings on appeal.
• 20. Application of Division 3.
• 21. Reservation of points of law.
• 22. Criminal appeals.
• 23. Determination of appeals in ordinary cases.
• 24. Appeal by Public Prosecutor against sentence.
• 25. Appeal against quashing of conviction.
• 26. Reference of point of law following acquittal on indictment.
• 27. Powers of Supreme Court in special cases.
• 28. New trial.
• 29. Time for appealing under Division 3.
• 30. Suspension of order for restoration of payment of compensation or expenses.
• 31. Costs of appeal.
• 32. Duties of Registrar with respect to notices of appeal, etc., in criminal proceedings.
• PART IV.—REFEREES.
• 33. Powers and remuneration of referees.
• 34. Directions by Supreme Court.
• 35. Power of Supreme Court to impose terms as to costs, etc.
• PART V.—ADMINISTRATION.
• 36. Principal Seat of Supreme Court.
• 37. Sittings and Registries of the Supreme Court.
• 38. Seal of the Court.
• 39. Registrar and Officers.
• 40. Powers of the Registrar.
• 41. Rules of Court.
• 42. Practice and Procedure.
• Part VI . . . (Repealed)
• Part VII . . . (Repealed)

Supreme Court Act (Chapter 37)

[Supreme Court Act (Chapter 37) consolidated to No 3 of 2013]

See Commentary on Supreme Court Act.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter No. 37.

Supreme Court Act.

The original Act was made by the Constituent Assembly as a Provisional Act of the Parliament. See Constitution, Section 266(2).

Being an Act to implement Subdivision VI.5.C (the Supreme Court of Justice) of the Constitution by making further provision in relation to the Supreme Court of Justice.

PART I.—PRELIMINARY.

1 Interpretation.

(1) In this Act, unless the contrary intention appears—

"appeal" includes the reservation of a case, a point in a case or a question of law for the consideration of the Supreme Court under Section 15 or 21;

"appellant" includes a person who wishes to appeal under this Act;

"charge" includes an indictment and an information;

"defendant" includes a person against whom relief is sought in a matter or who is required to attend the proceeding in a matter as a party to the proceedings and, in relation to a criminal proceeding, includes the accused person;

"Judge" means a Judge of the Supreme Court;

"judgement" includes a finding, decree, order, rule, conviction, verdict and sentence, a decree, order or rule nisi, and a refusal to make a finding, decree, order or rule;

"matter" or "proceeding" includes any proceedings in the Supreme Court or the National Court whether or not between parties, and also any incidental proceedings in any proceedings;

"party" includes, in relation to criminal proceedings, a prosecutor and a defendant;

"plaintiff" includes a person seeking relief against another person by any form of proceedings in the Supreme Court or the National Court and, in relation to criminal proceedings, includes the prosecutor;

"the Registrar" means the Registrar of the Supreme Court;

"the Rules of Court" means the Rules of Court of the Supreme Court.

(2) For the purposes of this Act, where a person is acquitted on the ground of unsoundness of mind which was not set up by him, he shall be deemed to have been convicted, and any order to keep him in custody shall be deemed to be a sentence.

PART II.—THE SUPREME COURT.

2 Judge sitting on appeal from his own judgement.

(1) Subject to Subsection (2), a Judge shall not sit as a member of the Supreme Court if he has previously adjudicated (whether on appeal or otherwise) on the merits of the case.

(2) A Judge is not precluded from sitting as a member of the Supreme Court in cases where he has given an interlocutory judgement only, or any other judgement not going to the merits of the case.

3 Continuation of appeal notwithstanding absence of Judge.

(1) Where in the course of an appeal before the Supreme Court and at any time before the delivery of the judgement, a Judge hearing the appeal is unable, through illness or any other cause, to attend the proceedings or otherwise to exercise his functions as a Judge—

(a) the hearing of the appeal shall, subject to Subsection (2), continue; and

(b) the judgement shall be given by the remaining Judges; and

(c) the Court shall be deemed to be duly constituted.

(2) Where—

(a) either party does not agree to the remaining Judges continuing to hear the appeal; or

(b) in any case, there is only one Judge remaining able to hear the appeal,

the appeal shall be reheard.

PART III.— APPEALS TO THE SUPREME COURT.

See, also, Constitution, Sections 155 and 166.

Division 1.—General.

4 Right of appeal from National Court.

(1) An appeal in accordance with this Act lies to the Supreme Court from a judgement of the National Court.

(2) An appeal lies in any civil or criminal proceedings, to the Supreme Court from a Judge of the National Court sitting on appeal—

(a) on a question of law; or

(b) on a question of mixed fact and law; or

(c) with the leave of the Supreme Court, on a question of fact.

5 Incidental directions and interim orders.

(1) Where an appeal is pending before the Supreme Court—

(a) a direction not involving the decision on the appeal; or

(b) an interim order to prevent prejudice to the claims of the parties; or

(c) an order in any proceedings (other than criminal proceedings) for security for costs; or

(d) an order dismissing an appeal in any proceedings (other than criminal proceedings) for default in furnishing security; or

(e) an order admitting an appellant to bail,

may be made by a Judge.

(2) A direction or order made under Subsection (1) shall be deemed to be a direction or order of the Supreme Court.

(3) A direction or order made under Subsection (1) may be discharged or varied by the Supreme Court.

6 Appeal to be by way of rehearing.

(1) An appeal to the Supreme Court shall be by way of rehearing on the evidence given in the court the decision of which is appealed against, subject to the right of the Supreme Court—

(a) to allow fresh evidence to be adduced where it is satisfied that the justice of the case warrants it; and

(b) to draw inferences of fact.

(2) For the purposes of hearing and determining an appeal, the Supreme Court has all the powers, authority and jurisdiction of a Judge exercising the jurisdiction of the National Court.

7 Judgements of the Supreme Court.

(1) Subject to Subsection (2), a judgement of the Supreme Court shall be in accordance with the opinion of the majority of the Judges present.

(2) If in an appeal the opinions of the Judges are divided in such a way that there is no majority opinion, the judgement appealed against stands.

8 Supplemental powers of Supreme Court.

(1) For the purposes of this Act, the Supreme Court may, if it thinks it necessary or expedient in the interests of justice to do so—

(a) order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to it necessary for the determination of the case; and

(b) order any persons who would have been compellable witnesses at the trial to attend and be examined before the Court, whether or not they were called at the trial, or order any such person to be examined on oath before—

(i) a Judge of the National Court; or

(ii) an officer of the Supreme Court; or

(iii) a magistrate of a court of summary jurisdiction; or

(iv) any other person appointed by the Court for the purpose,

and may admit as evidence any deposition so taken; and

(c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness, and, if the appellant consents, of the husband or wife of the appellant in cases where the evidence of the husband or wife could not have been given at the trial except with that consent; and

(d) where any question arising on the appeal involves prolonged examination of documents or accounts or any scientific or local investigation that cannot, in the opinion of the Court, conveniently be conducted before the Court—order the reference of the question for inquiry and report, in accordance with Part IV., by a referee appointed by the Court and act on the report of the referee so far as it thinks fit to adopt it; and

(e) exercise in relation to the proceedings of the Court any other powers that may for the time being be exercised by the National Court on appeals or applications; and

(f) issue any warrants necessary for enforcing the orders or sentences of the Court.

(2) The Supreme Court shall not increase a sentence in a criminal proceeding by reason of, or in consideration of, any evidence given under Subsection (1).

9 Attendance of appellant in custody.

See also, Constitution...