CRIMINAL COURT PRACTICES
ASPECTS REGARDING THE PROSECUTORS ROLE, CRIME INVESTIGATION
AND THE VARIOUS METHODS TO SECURE THE ACCUSED’S ATTENDANCE
IN COURT
In a criminal trial, the prosecutor is dominus litis.
He is the one who will finally decide whether or not to prosecute your client.
He will be the one who will draft the charge sheet, decide whether or not an
admission of guilt may be paid and determine the amount thereof.
He is also the one who will decide what evidence to use against your client, who to
call as state witnesses and in what order.
He also has the power to order the police to conduct further investigations where he
deems this necessary.
But it is worth noting that as with attorneys, prosecutors are also subject to a Code of
ethics that regulate their conduct. While they may seek a conviction without any fear
nor favour, that must be done 'in an even-handed, open and honest manner, always
recognizing an accused's right to a fair trial'.
A public prosecutor is directly responsible to the local DPP and normally acts in
accordance with the guidelines issued by the latter.
Although the prosecutor has a wide discretion, his discretion is limited by the
guidelines of the DPP.
Anything outside the limits of his discretion must be referred to the DPP for his
approval.
It is therefore important to bear in mind that the prosecutor may sometimes not have
the power to grant a request.
It may be necessary for him to refer such requests directly to the DPP for his
consideration. In larger centres, senior public prosecutors are appointed and are
given wider powers than those of other prosecutors.
At such centres, a request that may not be granted by a prosecutor may possibly be
granted by the senior public prosecutor.
Should he also not have the authority to do so, it will in any event be necessary to
refer the matter to the DPP via the senior public prosecutor.
Representations may be directed to the DPP or National Director's office in all cases,
even in cases where the senior public prosecutor has the authority to decide on the
matter.
ASPECTS REGARDING THE PROSECUTORS ROLE, CRIME INVESTIGATION
AND THE VARIOUS METHODS TO SECURE THE ACCUSED’S ATTENDANCE
IN COURT
In a criminal trial, the prosecutor is dominus litis.
He is the one who will finally decide whether or not to prosecute your client.
He will be the one who will draft the charge sheet, decide whether or not an
admission of guilt may be paid and determine the amount thereof.
He is also the one who will decide what evidence to use against your client, who to
call as state witnesses and in what order.
He also has the power to order the police to conduct further investigations where he
deems this necessary.
But it is worth noting that as with attorneys, prosecutors are also subject to a Code of
ethics that regulate their conduct. While they may seek a conviction without any fear
nor favour, that must be done 'in an even-handed, open and honest manner, always
recognizing an accused's right to a fair trial'.
A public prosecutor is directly responsible to the local DPP and normally acts in
accordance with the guidelines issued by the latter.
Although the prosecutor has a wide discretion, his discretion is limited by the
guidelines of the DPP.
Anything outside the limits of his discretion must be referred to the DPP for his
approval.
It is therefore important to bear in mind that the prosecutor may sometimes not have
the power to grant a request.
It may be necessary for him to refer such requests directly to the DPP for his
consideration. In larger centres, senior public prosecutors are appointed and are
given wider powers than those of other prosecutors.
At such centres, a request that may not be granted by a prosecutor may possibly be
granted by the senior public prosecutor.
Should he also not have the authority to do so, it will in any event be necessary to
refer the matter to the DPP via the senior public prosecutor.
Representations may be directed to the DPP or National Director's office in all cases,
even in cases where the senior public prosecutor has the authority to decide on the
matter.
