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The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
Australia has a Commonwealth Director of Public Prosecutions, which was set up by the Director of Public Prosecutions Act 1983 and started operations in 1984. The eight states and territories of Australia also have their own DPPs.
The Office of DPP operates independently of Government. Ultimate authority for authorising prosecutions lies with the Attorney General. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP.
It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judicial office. Examples include Mark Weinberg, now a justice of the Court of Appeal in the Supreme Court of Victoria; Michael Rozenes, Chief Judge of the County Court of Victoria from 2002 to 2015; Brian Martin, now Chief Justice of the Northern Territory; John McKechnie, now a justice of the Supreme Court of Western Australia; and Paul Coghlan, now a justice of the Supreme Court of Victoria.
The Director of Public Prosecutions of Belize is the official responsible for the prosecution of criminal offences. The director heads the Office of the Director of Public Prosecutions.
In Canada, each province's Crown Attorney Office is responsible for the conduct of criminal prosecutions. In Ontario, the local Crown Attorney's Office in the Criminal Law Division is in charge of criminal cases. Only British Columbia, Nova Scotia, and Quebec (a civil code jurisdiction) have a Director of Public Prosecutions office per se.
The Public Prosecution Service of Canada (PPSC) is a federal government organisation, created on 12 December 2006, when the Director of Public Prosecutions Act, enacted as part of the Federal Accountability Act , came into force. The Act split the conduct of federal prosecutions from the Department of Justice and created the Office of the Director of Public Prosecutions (officially called the Public Prosecution Service of Canada).
The PPSC fulfills the responsibilities of the Minister of Justice and Attorney General of Canada in the discharge of the Attorney General's criminal law mandate by prosecuting criminal offences under federal jurisdiction. In this regard, the PPSC assumes the role played within the Department of Justice by the former Federal Prosecution Service (FPS). The PPSC takes on additional responsibilities for prosecuting new fraud offences under the Financial Administration Act , as well as offences under the Canada Elections Act . Unlike the FPS, which was part of the Department of Justice, the PPSC is an independent organisation, reporting to Parliament through the Minister of Justice and Attorney General of Canada.
The PPSC is responsible for prosecuting offences under more than 50 federal statutes and for providing prosecution-related legal advice to law enforcement agencies. Cases prosecuted by the PPSC include those involving drugs, organised crime, terrorism, tax law, money laundering and proceeds of crime, crimes against humanity and war crimes, Criminal Code offences in the territories, and a large number of federal regulatory offences.[ citation needed ]
The creation of the PPSC reflects the decision to make transparent the principle of prosecutorial independence, free from any improper influence. The mandate of the PPSC is set out in the Director of Public Prosecutions Act. The act calls on the PPSC to provide prosecutorial advice to law enforcement agencies, and to act as prosecutor in matters prosecuted by the Minister of Justice and Attorney General of Canada on behalf of the Crown. In addition, the mandate includes initiating and conducting prosecutions on behalf of the Crown with respect to offences under the Canada Elections Act .
The PPSC reports to Parliament through the Attorney General of Canada. The Director of Public Prosecutions Act states that the Director of Public Prosecutions acts "under and on behalf of the Attorney General of Canada." The relationship between the attorney general and the director is premised on the principles of respect for the independence of the prosecution function and the need to consult on important matters of general interest.
Safeguarding the director's independence is the requirement that all instructions from the attorney general be in writing and published in the Canada Gazette . In turn, the director must inform the attorney general of any prosecution or planned intervention that may raise important questions of general interest, allowing the attorney general the opportunity to intervene in, or assume conduct of, a case. Additionally, the PPSC must provide the attorney general with an annual report for tabling in Parliament.
The first director of the PPSC was Brian J. Saunders. The current director of the PPSC is Kathleen Roussel.
The Director of Public Prosecutions (Chinese :刑事檢控專員) of Hong Kong heads the Prosecutions Division of the Department of Justice, which is responsible for prosecuting trials and appeals on behalf of the Hong Kong Special Administrative Region, providing legal advice to law enforcement agencies on investigations, acting on behalf of the Secretary for Justice in the institution of criminal proceedings, and providing advice to bureaux and departments on measures to reform the criminal law.
The DPP is superintended by the Secretary for Justice, a political appointee, who is also accountable for the decisions of the DPP. The position title was until the handover of Hong Kong to China on 1 July 1997 Crown Prosecutor. The Secretary for Justice and the Department of Justice were, until 1997, named the Attorney General and the Legal Department, respectively.
The Director of Public Prosecutions has been responsible for prosecution of all indictable criminal offences in Ireland since the enactment of the Prosecution of Offences Act 1974. Before 1974 all crimes and offences were prosecuted at the suit of (after action taken by) the attorney general. The DPP may also issue a certificate that a case should be referred to the Special Criminal Court, a juryless trial court usually reserved for terrorists and organised criminals.
The current director is Catherine Pierse. James Hamilton, who had served as DPP for 12 years, announced in July 2011 that he would be taking early retirement and stepped down in November 2011. [1]
List of DPPs since 1974: [2]
The agency's headquarters is located on the southern edge of Phoenix Park, Dublin; in a group of historic buildings that used to be the Royal Military Infirmary before independence. [3] [4]
During its review of the Constitution of Malta, the Venice Commission proposed to split the role of the Attorney-General (who, at the time, was both the principal legal adviser to the Government and the principal public prosecutor in the country) on the model of other Commonwealth countries: the Attorney-General would henceforth serve only as the Government's legal advisor, while their prosecutorial functions would be spun off into a new office of Director of Public Prosecutions. The actual amendments, however, split the role in the opposite way, the Attorney-General remains the chief public prosecutor, while legal advice to the government is provided by the State Advocate.
The current DPP is Rashid Ahmine who was promoted in 2022 to this role after the retirement of Satyajit Boolell S.C, who occupied the post since 2009. [5] [6]
In Norway the Director of Public Prosecutions (Riksadvokaten) is the head of the Norwegian Prosecuting Authority. The director has the coordinative leadership as well as the highest authority to prosecute criminal offences. The director is directly involved only in certain cases, such as crimes for which the maximum penalty is 21 years in prison. The director is subordinate to the Government Cabinet, however, the cabinet has never reversed a decision of the Director of Public Prosecutions. Jørn Sigurd Maurud is the current director and has been in that position since November 2019.
In South Africa public prosecutions are conducted by the National Director of Public Prosecutions (NDPP), the head of the National Prosecuting Authority (NPA). The NDPP is supported by a Chief Executive Officer, Deputies, Provincial Directors of Public Prosecutions, and several Special Directors.
In England and Wales, the office of Director of Public Prosecutions was first created in 1880 as part of the Home Office, and had its own department from 1908. The DPP was responsible for the prosecution of only a small number of major cases until 1986 when responsibility for prosecutions was transferred to a new Crown Prosecution Service with the DPP as its head. The Director is appointed by the Attorney General for England and Wales.
The current DPP, since November 2023, is Stephen Parkinson. [7]
Under Scots law the public prosecutor is the Lord Advocate who is the head of the Crown Office and Procurator Fiscal Service. All investigations by the police are nominally under the direction of the Lord Advocate and local procurators fiscal, and all prosecutions are carried out in the name of the Lord Advocate.
The current Lord Advocate is Dorothy Bain KC.
In Northern Ireland a similar situation existed, and the Director of Public Prosecutions for Northern Ireland now heads the Public Prosecution Service for Northern Ireland.
The current DPP is Stephen Herron, who was appointed in 2017. [8]
In the Turks and Caicos Islands, the position of Director of Public Prosecutions was newly created by the 2011 Constitution. Prior to this, the Attorney-General had control over criminal prosecutions. [9] [10] The current Director of Public Prosecutions is Jillian Williams. [11]
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.
Nolle prosequi, abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Crown attorneys or crown counsel or, in Alberta and New Brunswick, crown prosecutors are the prosecutors in the legal system of Canada.
The Public Prosecution Service for Northern Ireland (PPSNI) is the department of the Northern Ireland Executive responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland. Its role is similar to that of the longer-established Crown Office and Procurator Fiscal Service in Scotland, and the Crown Prosecution Service in England and Wales. The PPSNI employs 50 Public Prosecutors and over 100 administrative staff.
Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.
The Public Prosecution Service of Canada was established on December 12, 2006, by the Director of Public Prosecutions Act. A federal agency, the PPSC prosecutes offences on behalf of the Government of Canada. It is responsible to Parliament through the attorney general of Canada, who litigates on behalf of the Crown and has delegated most prosecution functions to the PPSC.
The Prosecutions Division (刑事檢控科) of the Department of Justice, is the public prosecution office in Hong Kong led by the Director of Public Prosecutions. The Prosecutions Division is the largest in the department, with about 125 lawyers, known as 'Public Prosecutors', and about 115 lay prosecutors, known as 'Court Prosecutors'. The role of the Division is to prosecute trials and appeals on behalf of Hong Kong, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion of whether or not to bring criminal proceedings in Hong Kong. In addition, counsel in the Division provide advice and assistance to Government bureaux and departments in relation to any criminal law aspects of proposed legislation.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general.
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
The Director of Public Prosecutions is an officer of the Government of the Turks and Caicos Islands whose role is to prosecute criminal offences. The role was newly created by the 2011 Constitution.
The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in the Republic of Kenya as established by the Constitution of Kenya, which de-linked it from the Office of the Attorney General and established it as an independent office. The office is empowered with the authority to exercise the State's powers of prosecution with regard to criminal proceedings.
The Office of the Commonwealth Director of Public Prosecutions or, informally, the Commonwealth Director of Public Prosecutions (CDPP) is an independent prosecuting service and government agency within the portfolio of the Attorney-General of Australia, as a part of the Attorney-General's Department. It was established by the Director of Public Prosecutions Act 1983 (Cth) and began its operations in 1984.
The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
The Victorian Director of Public Prosecutions (DPP) is the person responsible for conducting criminal proceedings for indictable offences on behalf of the Monarch of Australia. The role of the DPP is supported by the Crown Prosecutors' Chambers, led by the Chief Crown Prosecutor, and the Office of Public Prosecutions.
