A Brief History

The Jamaican (Constitution) Order in Council 1962 in Section 94(1) established the Office of the Director of Public Prosecutions and its functions. First and foremost, the Office is described as a public office headed by the Director of Public Prosecutions who is appointed by the Governor General.

The Director of Public Prosecutions heads the Office of the Director of Public Prosecutions. The Director is appointed by the Governor General.

“A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he is qualified for appointment as a Judge of the Supreme Court.’’

The Director, under Section 94 (3) (a-c) has the power to initiate, authorize, take over and terminate prosecutions in all the courts in the island. Section 4 of the Criminal Justice (Administration) Act empowers the Director of Public Prosecutions to discontinue criminal proceedings at any time during the trial process.

The framers of the Constitution ensured that the office was independent, so that the holder of the office could not be influenced or pressured by any other person or authority. The Constitution nevertheless provides for judicial review by the Courts of the exercise of the powers of the Director of Public Prosecutions.