NCJ Number
181213
Journal
British Journal of Criminology Volume: 38 Issue: 2 Dated: Spring 1998 Pages: 299-316
Date Published
1998
Length
18 pages
Annotation
The Criminal Law (Compensation) Act enacted in Papua New Guinea in 1991 attempted to integrate aspects of custom into the western-based criminal justice system.
Abstract
Prior to this legislation the court system regularly applied the customs used in the village courts only in mitigation of sentence. The 1991 law required the court to consider whether or not to order an offender to pay compensation in every case where it was considering punishment, in addition to other punishment. Factors the law requires the court to consider include the seriousness of the offense, the damage, the offender's attitude, relevant custom, the recommendations in the means assessment report presented by the probation service, and any other relevant matter. The law lacks a provision for the payment of compensation prior to trial, although this practice often occurs in the customary justice system. It appears that the power to order compensation under the law has had no effect on customary compensation payments made prior to trial. However, a useful by-product of the legislation is the evidence now received by the court about expectations for compensation, the form of compensation, and the categories of actions for which it might be paid. The law is procedural in nature. Its omission of a statement of principles or policy explaining the context or intent is regrettable, because contextual information would help courts better understand the law and remove misconceptions about its operation. Such a statement would perhaps also have reflected the law's goal of introducing into western law concepts that reflect the people's customary methods of dispute settlement. Footnotes, appended list of laws and cases, and 36 references