CUSTOM IN THE COURTS - CRIMINAL-LAW (COMPENSATION) ACT OF PAPUA-NEW-GUINEA

In an attempt to integrate aspects of custom into the western-based cr iminal justice system, the Criminal Law (Compensation) Act was enacted in Papua New Guinea in 1991. The content and effect of this legislati on, which empowers the National and District Courts to order the payme nt of compensation in addition to any other punishment imposed for a c riminal offence, are discussed. The prevalence, nature and rationale f or the payment of compensation under custom are considered, providing the context within which the legislation was enacted. The effect and a pplication of the Act are explained through an examination of decision s of the National Court where orders for compensation have been made u nder the Act or where the Act has been considered generally. In conclu sion some comments are made on the scope of the legislation and the po licy it reflects, and some proposals put forward for amendment to the Act.