The Director of Public Prosecutions
On prosecution
The only ones that can publicly accuse someone of having broken the law are institutions that have prosecution powers. The role of prosecutors is to ensure that those who violate the law receive appropriate punishment.
The Director of Public Prosecutions
The Director of Public Prosecutions is the highest prosecuting authority. The Office shall coordinate and monitor the prosecution's implementation by other agencies with such authority. Prosecutors do not accept recommendations from other authorities on the prosecution's handling.
The District Prosecutor
The District Prosecutor shall prosecute cases investigated by the police. These are serious offences such as manslaughter and grievous bodily harm, sexual offences, serious drug offences and offences in the course of public office.
Police commissioners
There are nine commissioners in total across the country. The Directorates shall investigate and prosecute all offences other than those committed by the District Prosecutor.
Police investigation
Prosecutors shall decide whether or not criminal cases shall be investigated. As a rule, cases should not be investigated unless there is reasonable suspicion that the Act has been violated. The police then investigate. The objective of this research is:
To obtain all necessary evidence to enable the prosecutor to decide whether to issue an indictment against an individual.
Gathering documents to prepare cases for the courts.
Surveillance of police investigations
Prosecutors are to advise the police on how the investigation is to be conducted and to ensure that the law is observed.
Prosecutors should ensure that the fundamental human rights of those targeted by the investigation are protected.
Prosecutors must observe the principle that material obtained illegally or dishonestly cannot be presented.
Taking legal action or dropping the case
Once a case has been investigated by the police, the prosecutors decide what is to be done next. The general rule is that legal action should be brought against the suspect if the investigation showed that there is sufficient evidence to convict the suspect. If this is not the case, no charges are brought. The case is then dropped.
Taking legal action or dropping the case
Once a case has been investigated by the police, the prosecutors decide what is to be done next.
The general rule is that legal action should be brought against the suspect if the investigation showed that there is sufficient evidence to convict the suspect. If this is not the case, no charges are brought. The case is then dropped.
Other instances
Waiving prosecution
The prosecutor may decide to waive prosecution even if he or she considers that the evidence is sufficient for the conviction of the accused. The prosecutor has limited authority to do this and must exercise this remedy carefully.
Delay issuing an indictment
The prosecutor may delay issuing an indictment when the accused has admitted his or her offence. This applies mainly to offences committed by children and young people aged 15 to 21.
Case settled with commissioner of police
Prosecutors before sheriffs may conclude cases without bringing them before a court with an indictment. In such cases, the accused pays a fine and in some cases is also deprived of his/her right to drive and/or is made to seek confiscation of certain property.
These are mainly cases of traffic violations and drug offences that have been concluded in this manner.