Criminal Practice Rules - Fraud & Corruption Related Offences 2013

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Pursuant to Section 184 of the Constitution and Section 8 of the National Court Act (Chapter No 38) and all other powers thereunto enabling, the following Rules prescribing the practice and procedure of the National Court of Justice relating to the conduct of criminal cases shall come into force on a date to be determined by the Chief Justice.

These Rules are in addition to and form part of the procedure for pre-trial preparation and listing cases for trial contained in the Criminal Practice Rules 1987.

PART 2 of the Criminal Practice Rules 1987 is amended by inserting the following:

ORDER 2A―CRIMINAL PRACTICE
(FRAUD & CORRUPTION RELATED OFFENCES)
RULES 2013

These Rules contain procedures in addition to those procedures set out in the Criminal Practice Rules 1987 for the purpose of facilitating a quick, fair and efficient disposition of criminal cases involving fraud, dishonesty and corruption, under a special Court track set up for that purpose.

"Listing process" means the process set out in these Rules and in particular, Mentions, Directions Hearing, Status Conferences and Trials;

"List" means matters on the FCC List, Bail List, Remand List, Bench Warrant List, Mention List, Directions List or the FCC Trial List.

The Chief Justice may assign a Judge(s) as determined in the Annual Circuit Calendar and from time to time to conduct matters on the FCC List.

The Registrar shall assign a Senior Clerk and such other Clerks to manage the List and to perform duties of the Registrar given under these Rules.

The types of cases which may be dealt with under these Rules include the following:

(a) offences under the Criminal Code or under any other law involving theft, fraud, dishonesty and misappropriation of property and including fraud and corruption; or

Upon receiving a Notice of Committal from the District Court in respect of an FCC case, or upon filing of an FCC case the Registrar shall create a Court file and assign the appropriate file reference from the following:

(1) The Registrar shall maintain the Lists mentioned in these Rules, in such form and content as determined by him.

(2) Application may be made to the Registrar to add or remove a matter from the FCC List and the Registrar shall make a decision on the application.

(3) A person aggrieved by a decision under Sub-rule (2) may apply to a Judge, by Notice of Motion, for review of the decision. The decision of the Court on a motion is final and not subject to appeal.

The Judge may conduct a Call-Over of cases appearing in the FCC List at a time determined by the Judge.

(1) Upon the creation of a Court file under Rule 3, the Registrar shall list the matter before a Judge for mention.

(2) There shall be a first mention of the matter before a Judge, on the first available Monday after committal or on such days as fixed by the Registrar or a Judge.

(2) The Directions Hearing shall be attended by the accused and prosecution and defence counsel who are sufficiently prepared to assist the Judge in addressing the matters mentioned in this Rule.

(3) At the Directions Hearing, the Judge may amongst other things, consider and issue directions with regard to the following matters:

(g) prosecution witnesses required at trial as shown on the committal documents and any notices of further evidence then delivered and of the availability of such witnesses;

(h) any additional witnesses who may be called by the prosecution and the evidence that they are expected to give, and if the statements of these witnesses are not then available for service, a summary of the evidence that they are expected to give shall be supplied in writing;

(i) facts which can be and are admitted pursuant to Section 589 of the Code and which can be reduced to writing at the trial and of the witnesses whose attendance will not then be necessary;

(k) exhibits which are to be provided and whether they are to be admitted by consent;

(l) issues, then envisaged, as to the mental or medical condition of any accused person or witness;

(m) any point of law which may arise on trial, any question as to the admissibility of evidence which then appears on the face of the papers and of any authority on which either party intends to rely as far as can be possibly envisaged at that stage;

(n) the names and addresses of witnesses from whom statements have been taken by the prosecution but who are not going to be called and, in appropriate cases, disclosure of the content of those statements;

(p) the order and pagination of the papers to be used by the prosecution at the trial and of the order in which the witnesses for the prosecution will be called;

(t) any other significant matter which might affect the proper and convenient trial of the case;

(u) fix the date, time and venue of trial to take place within 4 months from the committal;

An accused person or the State may apply for directions on three clear days notice to the other party in relation to any matter to be considered by the Judge set out in these Rules.

Division 3―Special Provisions in Relation to Proceedings under the Proceeds of Crime Act and the Mutual Assistance in Criminal Matters Act.

This Division applies to applications under the Proceeds of Crime Act 2005 ("PCA") and the Mutual Assistance in Criminal Matters Act 2005 ("MACMA") including―

(a) an application under Section 18 of the PCA against a cash dealer or its officers or employees;

(b) an order under Sections 32 or 33 of the PCA in relation to the detention or release of seized currency;

(c) an application for a restraining order against property or the variation of such an order or the release of property from such an order or the revocation of the order under Sections 38 to 57 of the PCA;

(d) an application for a forfeiture order, supporting orders or variations and amendments, the discharge of such orders and the protection of third-party interests under Sections 58 to 78 of the PCA;

(e) an application for a pecuniary penalty order, variation or enforcement of such orders under Sections 81 to 110 of the PCA;

(f) an application for the return or retention of seized property under Sections 123 to 132 of the PCA;

(g) application for restraining orders in respect of offences committed in foreign parts under Sections 137 to 144 of the PCA;

(h) an application for orders for the control and custody of property under a registered foreign restraining, or forfeiture order under Sections 145 to 170 of the PCA;

(i) an application under Section 14 of the MACMA to take evidence or under Section 15 of the MACMA for the production of a document for a foreign jurisdiction;

(j) an application under Section 41 of the MACMA for the registration of foreign orders or under Section 46 of the MACMA for the cancellation of registration;

(k) application under Section 50 of the MACMA for a certificate that the taking of evidence in a foreign jurisdiction would be desirable in the interests of justice in proceedings in Papua New Guinea;

(a) at a hearing (which may be in private if a Judge finds it necessary or expedient pursuant to Constitution, Section 37(13)); and

The Court shall not determine an application in the absence of the respondent or any person affected, unless―

(a) the absentee has had at least 2 business days in which to make representations; or

(iii) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend; or

(d) the Act under which the application is made authorises the applicant to request the court to proceed ex parte.

A person seeking to be heard on an application shall file and serve a Notice of Appearance.

The Court may direct that a written application be kept in such manner as will preserve secrecy.

(1) Proceedings shall be commenced by way of originating summons under the provisions of National Court Rules Order 4, Division 4, unless the application has been made orally.

(2) Every application shall state the section of the PCA or MACMA on which the applicant relies.

(3) Interlocutory applications in a proceeding shall be made by motion under the provisions of National Court Rules Order 4, Division 5.

(1) If the Public Prosecutor intends to make an oral application under a right to do so under the provisions of the PCA, an appointment shall be made with the Associate to the Judge.

(2) Documents need not be filed in the Registry before the making of an oral application.

(3) As soon as is practicable after making the application, unless the Judge orders otherwise, an originating summons and supporting affidavits and the order made, reflecting the application made orally and the order, shall be filed in the Registry.

(1) The provisions of the National Court Rules shall apply to all interlocutory directions and applications to the extent that they do not conflict with the provisions of the PCA, the MACMA or these Rules.

(2) Every applicant for an order, other than application made orally or ex parte, shall provide a draft of the order to the respondent parties at least 48 hours before the hearing date of the application, and invite the respondent parties to consent to the order or to indicate what changes to the draft order would be required to obtain their consent.

(3) On the hearing of an application for an order, other than an application made orally, the applicant shall provide to the court a draft of the order sought.

(4) All applications, other than oral applications, whether original or interlocutory shall be placed in the List.

(5) A hearing date may not be allocated to an application, other than an oral or ex parte application, until the Court is satisfied that all appropriate interlocutory steps have been taken and affidavit evidence sought to be relied upon by the parties has been filed.

(1) If the parties to an application reach a consensus they may, at least 24 hours before the hearing time, deliver (by hand, facsimile or e-mail, and in the case of the latter two methods followed by a telephone call to confirm receipt) to the Associate to the Judge minutes of the proposed consent order signed by all of the parties. Attendance by the parties at court on the return date of the application will not be required, unless the Associate to the Judge advises otherwise.

(2) The Associate to the Judge will deliver the minutes of the consent order, endorsed by the Judge, to the Registry, unless otherwise ordered by the Judge.

(3) The Applicant shall deliver sufficient copies of the order to the Registry for sealing.

The forms contained in the National Court Rules relating to listings, notice of directions hearings, status conferences, referral of matters for urgent applications, notices of trial and notices of summary determinations shall be adopted and applied with appropriate modifications.

20. Variation, extension of time for compliance or dispensation with requirements of these Rules.

(1) A Judge may vary or extend time for compliance or dispense with compliance with any provision of these Rules either before or after the time for compliance has expired, on application or on the Court's own initiative.

(2) An application shall be made by Notice of Motion and supported by affidavit and made without delay.

No	Offence	Criminal Code Provision
	Offences against the executive and legislative power
1	Interference with the Legislature	s 57
2	False evidence before Parliament	s 59
3	Member of Parliament receiving bribes	s 61
4	Bribery of member of the Parliament	s 62
	Disclosing official secrets
5	Disclosure of secrets relating to defences by public officers	s 84
6	Obtaining disclosure of secrets relating to defences	s 85
7	Disclosure of other official secrets	s 86
	Corruption and abuse of office
8	Official corruption	s 87
9	Extortion by public officers	s 88
10	Public officers interested in contracts	s 89
11	Officers charged with administration of property of a special character or with special duties	s 90
12	False claims by officials	s 91
13	Abuse of office	s 92
14	Corruption of valuator	s 93
15	False certificates by public officers	s 94
16	Administering extra- judicial oaths	s 95
17	False assumption of authority	s 96
18	Personating public officers	s 97
19	Corruptly procuring withdrawal of tenders	s 97A
20	Bribery of member of Public Service	s 97B
21	Duty of person offered gratification	s 97C
	Secret commissions
22	Receipt or solicitation of secret commission by an agent, etc	s 97G
23	Secret gifts	s 97H
24	False or misleading receipt or account	s 97 I
25	Secret Commission for advice given, etc	s 97J
26	Secret commission to trustee in return for substituted appointment	s 97K
27	Liability of Director, etc, acting without authority	s 97L
28	Penalty on conviction	ss 97M, 97N
	Corrupt and improper practices at elections
29	Personation	s 99
30	Double voting	s 100
31	Treating	s 101
32	Undue influence	s 102
33	Bribery	s 102
34	Further penalty for corrupt practices	s 104
35	Illegal practices	s 105
36	Other illegal practices	s 106
37	Interference at elections	s 108
38	Electors attempting to violate secrecy of ballot, etc	s 109
39	Stuffing ballot-boxes	s 110
40	Offences by presiding officers at elections	s 111
41	False answers to questions at elections	s 112
42	Interfering with secrecy at elections	s 113
43	Breaking seal of packets used at elections	s 114
44	Offences at elections when voting is by post	s 115
45	False electoral claims	s 116
	Selling and trafficking in offices
46	Bargaining for offices in Public Service	s 117
	Offences relating to the Administration of Justice
47	Judicial corruption	s 119
48	Official corruption not judicial but relating to offences	s 120
49	Perjury	s 121
50	Fabricating evidence	s 122
51	Corruption of witness	s 123
52	Deceiving witness	s 124
53	Destroying evidence	s 125
54	Preventing witnesses from attending	s 126
55	Conspiracy to bring false accusation	s 127
56	Conspiring to defeat justice	s 128
57	Compounding crimes	s 129
58	Compounding penal actions	s 130
59	Advertising reward for the return of stolen property, etc	s 131
60	Magistrate acting oppressively or when interested	s 132
61	Delay to take person arrested before Magistrate	s 133
62	Bringing fictitious action on penal law	s 134
63	Inserting advertisement without authority of Court	s 135
64	Attempting to pervert justice	s 136
	Obstructing officers of courts
65	Removing, etc, property under lawful seizure	s 143
	Offences relating to currency
66	Gilding, etc, metal or other material with intent to make counterfeit coin	s 146
67	Making, etc, coining instruments	s 147
68	Making counterfeit coin	s 148
69	Buying or selling of counterfeit coin	s 149
70	Possession of counterfeit coin, etc	s 150
71	Uttering counterfeit coin	s 151
72	Uttering metal, etc, as coin	s 152
73	Clipping or sweating coins	s 153
74	Possession of clippings, etc	s 154
75	Making, possessing or selling tokens, etc, resembling coins	s 155
76	Defacing coins	s 156
77	Defacing or destroying coins	s 157
78	Possession of forged notes	s 158
79	Forging or uttering of notes	s 159
80	Making, etc, of false forms	s 160
81	Alteration of notes forbidden	s 161
82	Copying of notes forbidden	s 162
	Offences relating to posts and telegraphs
83	Stopping mails	s 169
84	Intercepting things sent by post or telegraph	s 170
85	Tampering with things sent by post or telegraph	s 171
86	Wilful misdelivery of things sent by post or telegraph	s 172
87	Obtaining letters by false pretences	s 173
88	Secreting letters	s 174
89	Fraudulent issue of money orders and postal notes	s 175
90	Fraudulent messages respecting money orders	s 176
91	Sending dangerous or obscene things by post	s 177
92	Retarding delivery of mails, etc	s 178
93	Obstructing mails	s 179
94	Penalty on mail-coach driver or guards loitering	s 180
95	Fraudulently removing stamps	s 181
96	Fraudulent evasion of postal laws	s 182
97	Carrying letters otherwise than by post	s 183
98	Illegally conducting postal business or obstructing post office	s 184
99	Destroying or damaging letter receivers	s 185
101	Placing injurious substances in or against letter boxes	s 186
102	Obstructing post and telegraph offices	s 187
103	Obstructing post and telegraph officers in the execution of duty, etc	s 188
104	Interference with telegraphs	s 189
105	Violation of secrecy	s 191
106	Making charges for use of telegraph line without authority	s 192
	Miscellaneous offences against public authority
107	False declaration as to execution of sentence of death	s 195
108	False statements required to be under oath or solemn declaration	s 196
109	False declarations and statements	s 197
	Offences against public health
110	False information as to health on foreign ships	s 237
112	Exposing for sale things unfit for food	s 238
113	Dealing in diseased meat	s 239
114	Adulterating liquor	s 240
	Miscellaneous offences
115	Dealing with land fraudulently acquired from the State	s 241
116	Fraudulent destruction or removal of goods liable to duty	s 242
	Offences against liberty
117	False certificates by officers charged with duties relating to liberty	s 356
118	Concealment of matters affecting liberty	s 357
	Offences relating to parental rights and duties
119	Child-stealing	s 361
	Stealing and similar offences
120	Stealing	s 372
121	Concealing registers	s 373
122	Concealing wills	s 374
123	Concealing deeds, etc	s 375
124	Killing animals with intent to steal	s 376
125	Severing with intent to steal	s 377
126	Using registered brands with criminal intention	s 378
127	Fraudulently dealing with minerals in mines	s 379
128	Bringing stolen goods into Papua New Guinea	s 380
129	Fraudulent disposition of mortgaged goods	s 381
130	Fraudulent appropriation of power	s 382
131	Unlawfully using motor vehicle, etc	s 383
132	Misappropriation of property	s 383A
133	Obtaining goods or credit by false pretence or wilfully false promise	s 404
134	Obtaining execution of valuable security by false pretence or wilfully false promise	s 405
135	Cheating	s 406
136	Conspiracy to defraud	s 407
137	Fraud on sale or mortgage of property	s 408
138	Pretending to exercise witchcraft or tell fortunes	s 409
139	Receiving stolen property, etc	s 410
140	Receiving after change of ownership	s 411
141	Taking reward for recovery of property obtained by means of indictable offences	s 412
142	Trustees fraudulently disposing of trust property	s 413
143	Directors and officers of corporations fraudulently appropriating property, keeping fraudulent accounts or falsifying books or accounts	s 414
144	False statements by officials of companies	s 415
145	Misappropriation by members of local authorities	s 417
146	Fraudulent false accounting	s 418
147	False accounting by public officer	s 419
	Forgery and like offences: personation
148	Forgery in general: punishment in special cases	s 462
149	Uttering false documents and counterfeit seals	s 463
150	Uttering cancelled or exhausted documents	s 464
151	Uttering cancelled stamps	s 465
152	Procuring execution of documents by false pretences	s 466
153	Obliterating crossings on cheques	s 467
154	Making documents without authority	s 468
155	Demanding property on forged testamentary instruments	s 469
156	Purchasing forged bank notes	s 470
157	False certificate of message received by telegraph	s 471
158	Falsifying warrants for money payable under public authority	s 472
159	Falsification of registers	s 473
160	Sending false certificate of marriage to Registrar	s 474
161	False statements for the purpose of registers of births, deaths and marriages	s 475
162	Attempts to procure unauthorized status	s 475
163	Counterfeiting trade marks	s 477
164	Circulating false copies of rules or lists of members of societies or companies	s 478
165	Sending false telegrams	s 480
166	Forgery of seamen’s tickets or documents under Acts controlling factories and shops	s 481
167	Fraudulent use of adhesive stamps	s 482
168	False warranties or labels relating to the sale of food	s 483
169	Instruments and materials for forgery	s 484
170	Counterfeit stamps	s 485
171	Paper for postal purposes	s 486
172	Papers and dies for postage stamps	s 487
173	Personation in general	s 488
174	Falsely acknowledging deeds, recognizances, etc	s 489
175	Personation of a person named in a certificate	s 490
176	Lending certificates for personation	s 491
	Offences connected with trade and breach of contract- Fraudulent debtors & offences relating to falsification of companies registers, etc
177	Absconding with property in contemplation of or immediately after insolvency	s 493
178	Frauds by insolvents	s 494
179	Other frauds by insolvents	s 495
180	Falsification of books by insolvents	s 496
181	Frauds by insolvents in course of insolvency proceedings	s 497
182	Failure by insolvents to discover property	s 498
183	Failure to keep proper books	s 499
184	Concealing documents	s 500
185	Receiving insolvent’s property with intent to defraud	s 501
186	Making false claim in insolvency	s 502
187	Concealing property of insolvents	s 503
188	Fraudulent dealing with property by debtors	s 504
189	Concealment by officers of companies on reduction of capital	s 505
190	Falsification of books of companies	s 506
191.	Mixing uncertified with certified articles	s507

Chief Justice, Sir Salamo Injia, Kt	Justice Joseph Yagi
Deputy Chief Justice, Gibbs Salika, CSM, OBE	Justice Colin Makail
Justice Sir Bernard Sakora, KBE, CSM, CBE	Justice Ere Kariko MBE
Justice Nicholas Kirriwom	Justice John Kawi
Justice Les Gavara-Nanu, OBE, CSM	Justice Don Sawong MBE
Justice Ambeng Kandakasi	Justice Stephen Kassman
Justice Ellenas Batari, MBE	Justice Jacinta Murray
Justice Catherine Davani	Justice Berna Collier
Justice Salatiel Lenalia	Justice John Logan RFD
Justice Panuel Mogish	Justice Goodwin Poole
Justice David Cannings	Acting Justice Iova Geita
Justice George Manuhu Justice Kingsley Allen David Justice Sao Gabi Justice Derek Hartshorn ML	Acting Justice Peter Toliken Acting Justice Stephen Oli MBE Acting Justice Reggett Marum Acting Justice Kewei Kawi'u

Papua New Guinea Court Rules

Criminal Practice Rules - Fraud & Corruption Related Offences 2013