Rulings (cont'd)

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The Privy Council in the case of The Honourable Satnarine Sharma v Carla Browne Antoine, Deputy Director of Public Prosecutions and Another[1] did advise and recommend that it is the duty and obligation of police officers and prosecutors:-

“…engaged in the investigation of alleged offences and the initiation of prosecutions to exercise an independent, objective, professional judgment on the facts of each case. It not infrequently happens that there is strong political and public feeling that a particular suspect or class of suspect should be prosecuted and convicted. Those suspected of terrorism, hijacking or child abuse are obvious examples. This is inevitable, and not in itself, harmful so long as those professionally charged with the investigation of offences and institution of prosecutions do not allow their awareness of political or public opinion to sway their professional judgment. It is a grave violation of their professional and legal duty to allow their judgment to be swayed by extraneous considerations such as political pressure.”  

The process that leads to a ruling is as follows:

1. File is submitted by requesting entity to our Registry in triplicate (Original and 2 copy files).
2. It is recorded and assigned a number.
3. It is delivered to the DPP.
4. The DPP assigns the file to a Crown Counsel.
5. Crown Counsel has six (6) weeks within which to arrive at an opinion in the matter.
6. A written opinion and recommendation is submitted to the DPP.
7. The DPP and or the Senior Deputies review Crown Counsel’s opinion and a decision is taken as to the opinion.
8. The ruling is prepared and sent to the requesting body.

It is to be noted that the time line for an URGENT RULING depends on the readiness of the file and can be delivered to the requesting entity sometimes within hours.

It is to be noted that there is a 6 weeks turn around requirement from the Crown Counsel to the DPP.  This all depends on whether the material necessary to come to an opinion has been provided by the submitting entity. For example, where a file is not completed, such as, documentary evidence such as a Ballistic Certificate, Medical Reports, Forensic Certificate are outstanding then, an opinion cannot be arrived at until these outstanding documents are provided.

Consequently, our Office continues to work with all entities in the spirit of co-operation in order to ensure that all rulings can be dealt with in an expeditious manner.