Judge and Magistrate: Who are they?

 

Judges and magistrates play a crucial role in the Papua New Guinea (PNG) legal system. They are responsible for interpreting the law and ensuring justice is served. In this article, we will explore the roles of judges and magistrates in PNG, compare and contrast the two, and discuss how to address them in court.

Roles of Judges and Magistrates in PNG

Judges and magistrates in PNG have distinct but overlapping roles. Judges are appointed by the National Executive Council on the recommendation of the Judicial and Legal Services Commission, while magistrates are appointed by the Judicial and Legal Services Commission.

Judges hear cases at the National and Supreme Court. They are responsible for hearing serious criminal and civil cases, including those that involve large sums of money, complex legal issues, or questions of constitutional interpretation. They are also responsible for sentencing convicted criminals, and their decisions are final unless appealed.

Magistrates hear cases at the District Court. They handle less serious criminal and civil cases, including traffic offenses, minor thefts, and domestic disputes. They also have the power to issue arrest warrants, search warrants, and summonses, and can preside over preliminary hearings for more serious cases.

Despite their differing roles, both judges and magistrates are responsible for upholding the rule of law and ensuring that justice is served. They are also expected to be impartial and independent, making decisions based solely on the facts presented in court and the relevant laws and legal principles.

Comparing and Contrasting Judges and Magistrates in PNG

The main difference between judges and magistrates in PNG is the types of cases they handle. Judges handle more complex and serious cases, while magistrates handle less serious cases. Judges also have more authority and power than magistrates, with their decisions being final unless appealed.

Another difference between the two is the qualifications required for their appointments. To become a judge, one must be a lawyer with at least 10 years of legal experience, while magistrates are only required to have a law degree and some legal experience.

Despite these differences, both judges and magistrates play important roles in the PNG legal system and are essential for ensuring justice is served.

How to Address Judges and Magistrates in Court

In court, judges are addressed as “Your Honour” and magistrates are addressed as “Your Worship”. This is a formal and respectful way to address them and reflects their authority and importance in the legal system. When speaking to a judge or magistrate, it is important to be polite and professional, and to avoid any disrespectful or rude behavior.

Conclusion

In conclusion, judges and magistrates play crucial roles in the PNG legal system, with judges handling more serious and complex cases and magistrates handling less serious cases. Despite their differing roles, both judges and magistrates are responsible for upholding the rule of law and ensuring that justice is served. When addressing judges and magistrates in court, it is important to be polite and respectful, using the formal title of “Your Honour” and “Your Worship”. 

Location: Waigani, Port Moresby, Papua New Guinea

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