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Powers of the Director of Public Prosecutions

As stated above, the powers of the DPP are governed by Section 94 (3) of the Constitution, which are three-fold, that is:

  1. The power to institute and undertake criminal proceedings;
  1. The power to take over criminal proceedings instituted by others; and
  1. The power to discontinue criminal proceedings.

The Constitution gives no further guide as to the role the DPP has or the way or manner in which such power is exercised.  It is however made clear by virtue of Section 94 (6) that in the exercise of the powers conferred upon him by this section the DPP shall not be subject to the direction or control of any other person or authority.

 

[1] See Section 2 (2) of The Criminal Justice (Administration) Act).

 

[2] (1994) 31 JLR 16, [1994] 2 All ER 231.

 

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