Currently, our Office interfaces with many Departments/Agencies on a continuous basis seeking advice and guidance on legal and procedural issues, collaboration on various operational matters and support in relation to advocacy and court appearances, include (but are not limited to):

  1. The Office of the Contractor –General (OCG);
  2. The Financial Investigations Division (FID);
  3. The Customs Department;
  4. The Financial Services Commission (FSC);
  5. The Office of the Utilities Regulation (OUR);
  6. National Environment Protection Agency (NEPA);
  7. The Post-Master General’s Department;
  8. All the various Divisions and areas within the Constabulary Force and all the Specialized Departments therein (such as the Organised Crime, Anti-Corruption Branch, Financial Crimes Unit, Narcotics, Cybercrimes Unit, Trafficking in Persons Unit, etc.).
  9. The Jamaica Defence Force (JDF);
  10. The Real Estate Board;
  11. The Pesticide Control Authority;
  12. The Revenue Protection Division (RPD); and
  13. The Independent Commission of Investigations (INDECOM).

Please let it be noted that we provide similar services to the general public.  Further, we are required to give various presentations, lectures as a public service to all these agencies, if so invited, when they hold seminars all over the island of Jamaica, and train personnel from various entities.  In addition, our Senior Deputies and Deputies sit on various Committees.

The advice sought and received is termed a ruling when statements and other documentary evidentiary material for example, Ballistic Certificates, Post Mortem Examination, Forensic Certificates, have been received and comprises of the Crown Counsel coming to a legal written opinion by adopting the following format:

  1. Outlining Allegations;
  2. Ascertaining the issues in the matter and doing the necessary legal research;
  3. Applying the relevant law to the issues which have arisen; and
  4. A reasoned conclusion with the necessary recommendations.

Consequently, when preparing a ruling, the Crown Counsel does this with the understanding that one must be able to examine the matter on hand impartially and objectively, with the foremost thought that as a prosecutor, one must ensure that the matter can be prosecuted firmly, fairly and effectively once the evidence supports a reasonable prospect of conviction and when it is in the public interest to do so.

When advising or ruling that a person is to be charged, for example, the Crown Counsel is guided by the following considerations, whether:-

  1. The material is reliable, substantial and admissible;
  2. The material discloses, prima facie, that an offence was committed by the putative Accused person; and
  3. The material is such that it can give rise to the prospect of a conviction.

The issue of credibility of a potential witness is for the Tribunal of Fact when the matter comes for trial.

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