In a criminal appeal the Registrar has statutory duties directed at appellants who may have no lawyer and no access to the registry, and a power that can end an appeal without a hearing.
Section 32
(1) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal, or notices of application for leave to appeal, in criminal proceedings to —
(a) any person who asks for them; (b) officers of courts; (c) officers in charge of correctional institutions, rural lock-ups and police lock-ups; and (d) other officers or persons as he thinks fit.
(2) The officer in charge shall cause (a) the forms and instructions to be placed at the disposal of detainees desiring to appeal or to make any application under this Act; and (b) any such notice given by a detainee in his custody to be forwarded on behalf of the detainee to the Registrar.
An appellant in custody cannot attend a registry, and may not have a lawyer at the point when the 40 days under section 29 are running. Section 32 puts the forms where the appellant is and makes the officer in charge responsible for getting the notice to the Registrar.
An appellant should keep a record of the date the notice was handed over. What happens after that is out of their control.
Section 11
(1) Notwithstanding this Act, where the Registrar is of the opinion that a notice of appeal, or a notice of an application for leave to appeal, does not show any substantial ground of appeal, the Registrar may refer the appeal to the Supreme Court for summary determination.
(2) Where the Registrar so refers a matter and the Court is satisfied that the appeal (a) is frivolous or vexatious; and (b) can be determined without a full hearing, it may, notwithstanding anything in this Act or any other law, dismiss the appeal summarily without calling on any person to attend the hearing.
The Act footnotes section 11 with a reference to section 37 of the Constitution — the protection of the law — particularly subsections (1), (5) and (15). The power to dismiss without a hearing must be read consistently with those guarantees.
The practical protection is in the procedure. Order 13 Rule 16(2) requires that where the Registrar refers a matter, he may give notice, 14 days before the hearing, in Form 10D to each party or by publication; shall place on the file any written response and advise the appellant to appear; and shall forward the file to the Court or a Judge with any response. — Supreme Court Rules 2012.
Order 13 Rule 16(2)(e) to (g)
(e) If the parties are unrepresented, the Registrar shall draft the Court Order, enter it and forward sealed copies to the parties.
(f) If the matter is dismissed the Registrar shall forward a sealed copy of the Order together with a copy of the judgment, if any, to the National Court which made the decision.
(g) If the matter is dismissed the file shall be closed and forwarded to Archives for storage.
Order 7 Rule 62
Where a person appeals or applies for leave to seek review in any criminal proceedings, the Duty Judge shall in each case inquire as to whether the appellant or applicant has a lawyer. If there is no lawyer, the Duty Judge shall direct the Registrar to notify the Office of the Public Solicitor that at the next mention a senior lawyer from the Office of the Public Solicitor is required to appear and state whether legal aid will be provided.
The Duty Judge shall also consider whether to give a direction to the Public Solicitor under section 177(2)(b) of the Constitution.
Assembling the papers
Order 7 Rule 31: upon the filing of a notice of appeal, the Associate to the primary Judge shall make out and certify a list of exhibits, and the exhibits and other documents before the primary Judge shall be delivered to the registry.
Rule 32: the Registrar shall retain the documents obtained under Rules 30 and 31 until the disposal of the appeal and, subject to any direction, return them to the persons from whom they were obtained.
Rule 42: at the appointment to settle, the Registrar determines what documents and matters shall be included, settles the index, determines the number of copies, and may obtain the direction of the primary Judge.
And Order 13 throughout
The Registrar keeps the General List and the Callover List, calls all matters on the call over list once every month on the second Tuesday, prepares the Directions List of matters ready for hearing, issues the Notice of Hearing in Form 18, and prepares the Hearing List within 2 days of the Status Conference.
Order 11 Rule 10 also gives the Registrar a waiver power: where compliance with the provisions on the preparation of documents or appeal books may cause unnecessary hardship, expense or delay, the Registrar may, after consultation with the Chief Justice, waive compliance to such extent as in his opinion is reasonable — a provision of real use to an unrepresented appellant.
Sources
- Supreme Court Act (Chapter 37) — ss 11, 29, 32
- Supreme Court Rules 2012 — O 7 rr 30–32, 42, 62; O 11 r 10; O 13 rr 6–12, 16; Forms 10D, 18
- Constitution of the Independent State of Papua New Guinea — ss 37, 177(2)(b)
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. 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.