 |
 |
 |
 |
What DPP does
Over view of the functions of the DPPThe Directorate of Public Prosecutions is a Constitutional creation: Article 120 (1) of the 1995 Constitution provides:
From this single individual office of the Director stems the Directorate hence the title "Directorate". State Attorneys and State Prosecutors are empowered to exercise the powers of the DPP, except those powers specifically to be exercised by the DPP personally by law. These include withdrawal of cases, entering Nolle prosqui and consent to specific offences.
The Constitution also outlines the functions of the DPP. Clause 3 of the above Article provides thus:
- To direct the Police to investigate any informationof a criminal nature and to report to him or her expeditiously.
- To institute criminal proceedings against any person or authority in any court with competent jurisdiction other than the Court Martial.
- To take over and continue any criminal proceedings instituted by any other person or authority.
- To discontinue at any stage before judgement is delivered, any criminal proceedings to which this article relates,instituted by himself or herself or any other authority except that the Director of Public Prosecutions shall not dis-continue any proceedings commenced by another person or authority except with the consent of Court.
(a) To direct Police on Investigations:
When a crime or an offence is committed or is suspected to have been committed, the Police opens a file in respect of the same and commences inquiries. When the Police have made enough inquiries, the file which is known as a 'Police File' is submitted to the DPP for his/her opinion. Here the DPP means either the DPP himself/herself, or one of his officers - State Attorneys/State Prosecutors.
The DPP 'peruses' (reads through) the file and decides whether prosecution of the case should or should not proceed. Usually, such a decision is any of the following three:
- Charging and Prosecution of the suspect if the evidence so far gathered is deemed sufficient to sustain criminal charges in a Court of Law.
- Further inquiries if it is deemed that a criminal offence having been committed, the evidence so far gathered is not sufficient to sustain a criminal case in a Court of Law.
- To close the file where it is deemed that there is no evidence of a criminal nature or where the evidence is insufficient to sustain the criminal offence.
Thus, although the whole process of criminal investigation and prosecution is initiated by the Police, the final decision lies with the DPP.
(b) Prosecution
Prosecution of criminal cases is the primary role of the DPP. The Police on its own prosecutes minor offences. The DPP has authorised police officers of the rank of seargent and above to Prosecute cases on his behalf.
The Prosecutors under the DPP are divided into 2 categories; State Attorneys and State Prosecutors.
State Attorneys who are qualified lawyers, prosecute cases in the higher Courts, that is, the High Court, the Court of Appeal, and the Supreme Court. They also prosecute the more complex cases in Magistrates Courts. On the other hand, State Prosecutors who hold a Diploma in Law, and a Diploma in Prosecution prosecute cases in Magistrate's Courts. They also prosecute some of the serious offences like fraud and corruption. They work under the supervision of State Attorneys.
(c) Continual of criminal proceedings
Although prosecution of criminal cases is primarily the work of the DPP (see Clause 3 (b) above), this is not exclusive. Other state agencies or officers have capacity to institute criminal proceedings. A good example here is the Inspectorate General of Government (IGG) which is the empowered to investigate and prosecute corruption related cases (Article 230 (1) of the Constitution), The Officers in the Fisheries Department, Uganda Electricity Board, Uganda Communications Commission and National Social Security Fund are similarly empowered by Law. Even individuals have capacity to institute criminal proceedings subject to certain conditions (S 41 (1) (c) of the Magistrates' Courts Act No. 13/1970).
The DPP given that he is the Public Prosecutor is empowered to take over and either continue or dis-continue such proceedings. There are people who are authorised by Statute to operate and these are people who apply to prosecute specific cases and are licensed by the DPP.
(d) Dis-continuation of Criminal Proceedings.
The DPP has powers to dis-continue criminal proceedings at any stage before Judgement which means he can stop criminal proceedings any time between when a case is reported to Police, as long as Court has not decided the case. The DPP does so without consulting nor explaining to Court, except where the case was commenced by another authority like the IGG, or by an individual, in which case Court has to give consent to the discontinuation. The DPP in other cases only informs Court that he/she is dis-continuing the case.
It should be noted that dis-continual of the case is not a bar to future prosecution, because the DPP is empowered to bring back the same charges; Since this is not an acquittal (S 119(a) of the Magistrates' Court Act and Section 133 (1) of the Trial on Indictment Decree, except where an accused has been put on his defence in cases before Magistrate Courts (S 119(b) of the Magistrates' Court Act. The considerations governing dis-continual of a case are the same considerations on which the DPP operates prescribed by Article 120(5) of the Constitution:
- Public interest: Where its in public interest to do so, the DPP will dis-continue a case. A good example are of political offences where prosecution could lead to disorder, or where dis-continual of the case would help promote peace.
- Interest of justice: A good example are of defilement cases where a young boy of say 14 is accused of defiling an older girl of 17 years.
- Prevention of abuse of legal process: A good and common example is where witnesses are not being traced. Instead of adjourning the case every other time, the case is dis-continued until the witnesses are mobilised, then it may be reinstated.
 |
||||||||
|
|
||||||||
| © Copyright Directorate of Public Prosecutions, 2002-2007. |  |