Custom in the courts. Criminal law (compensation) act of Papua New Guinea
In an attempt to integrate aspects of custom into the western-based criminal justice system, the Criminal Law (Compensation) Act was enacted in Papua New Guinea in 1991. The content and effect of this legislation, which empowers the National and District Courts to order the payment of compensation i...
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| Format: | Print Article |
| Language: | English |
| Published: |
1998
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| In: |
The British journal of criminology
Year: 1998, Volume: 38, Issue: 2, Pages: 299-316 |
| Journals Online & Print: | Drawer...
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| Availability in Tübingen: | Present in Tübingen. IFK: In: Z 7 |
| Check availability: | HBZ Gateway |
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| Summary: | In an attempt to integrate aspects of custom into the western-based criminal justice system, the Criminal Law (Compensation) Act was enacted in Papua New Guinea in 1991. The content and effect of this legislation, which empowers the National and District Courts to order the payment of compensation in addition to any other punishment imposed for a criminal offence, are discussed. The prevalence, nature and rationale for the payment of compensation under custom are considered, providing the context within which the legislation was enacted. The effect and application of the Act are explained through an examination of decisions of the National Court where orders for compensation have been made under the Act or where the Act has been considered generally. In conclusion, some comments are made on the scope of the legislation, and the policy it reflects, and some proposals put forward for amendment to the Act |
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| ISSN: | 0007-0955 |