THE EDITOR, Madam:
BECAUSE OF the recent show of the lack of knowledge of the powers and functions of the Director of Public Prosecutions, I think it is timely for his powers and functions to be more widely known. His powers and their limitations are set out in s. 94 (3) of the Constitution of Jamaica.
However, apart from powers to do anything incidental to the powers contained in that section, the Director of Public Prosecutions and officers exercising prosecutory powers have always played the role of investigators both before and after matters have reached the courts. These investigative powers have long been exercised by all official prosecutors including Clerk of Courts, though usually through their directions to or in conjunction with the police.
Further, it is quite lawful for private citizens to investigate any crime and to institute criminal proceedings subject always to any statute to the contrary. The Director of Public Prosecutions is in no different position since he is also a citizen, only that he has additional and unlimited powers, subject as below, conferred upon him by s. 94(3) above. The police powers, for example, are those exercisable at common law, and additionally or independently those conferred by statute, the police being also a citizen. Section 94 (3) states:-
"The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do
(a). To institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of Jamaica;
(b). To take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
(c). To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(4) The powers of the Director of Public Prosecutions under subsection (3) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
(5) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (3) of this section shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the Court.
(6) In the exercise of the powers conferred upon him by this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
(7) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court in Jamaica or to the Judicial Committee of Her Majesty's Privy Council shall be deemed to be part of those proceedings."
Notwithstanding subsection (6), the Director is however expected to exercise his powers in accordance with law (substantive or procedural) as in the case of any other public officer or citizen for observance of the rule of law and to ensure fundamental justice so that he is not entirely a law by himself.
I am, etc.,
OWEN S. CROSBIE
Barrister-at-Law
3 Hotel Street
Manchester
