Director of Public Prosecutions

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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.

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Australia

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.

Each state and territory has its own DPP. 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.

Belize

The Director of Public Prosecutions of Belize is the official responsible for the prosecution of criminal offences. He or she heads the Office of the Director of Public Prosecutions.

Canada

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 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 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 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.

Hong Kong

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.

Ireland

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 Claire Loftus. 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]

Mauritius

The current DPP is Satyajit Boolell S.C, who has occupied the post since 2009.

Norway

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.

South Africa

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, regional DPPs, and several Special Directors.

United Kingdom

England and Wales

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 1 November 2018, is Max Hill QC. [5]

Scotland

Under Scots law the public prosecutor is the Lord Advocate who heads up 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 James Wolffe QC.

Northern Ireland

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. [6]

British Overseas Territories

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. [7] [8] The current Director of Public Prosecutions is Jillian Williams. [9]

See also

Related Research Articles

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Crown Prosecution Service

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.

District attorney In the United States, represents the government in the prosecution of criminal offenses

In the United States, a district attorney (DA), state's attorney, prosecuting attorney, or state attorney is the chief prosecutor representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, commonwealth's attorney, solicitor, or county prosecutor.

Prosecutor

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the government in the case brought against the accused person.

Crown attorney

Crown attorneys or crown counsel are the prosecutors in the legal system of Canada.

Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.

The Revenue and Customs Prosecution Office (RCPO) was a non-departmental public body created under the Commissioners for Revenue and Customs Act 2005 as an independent prosecution body to take responsibility in the England, Wales and Northern Ireland for the prosecution of criminal offences in cases previously within the purview of the Inland Revenue and HM Customs and Excise (HMCE). In Scotland it was a Specialist Reporting Agency and the cases are then prosecuted by the Crown Office and Procurator Fiscal Service. It was merged with the Crown Prosecution Service on 1 January 2010.

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 in Scotland, and the Crown Prosecution Service in England and Wales.

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 offenses 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.

Prosecutions Division (Hong Kong)

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.

Director of Public Prosecutions (England and Wales)

The Director of Public Prosecutions (DPP) is the third most senior public prosecutor in England and Wales. The DPP is the head of the Crown Prosecution Service (CPS), with personal responsibility for its 7,000 staff and approximately 800,000 prosecutions undertaken by it every year. The holder of the role is appointed by the Attorney General on the recommendation of a panel that includes the First Civil Service Commissioner.

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.

Director of Public Prosecutions of Kenya

The Constitution itself anchors the role of the Director of Public Prosecutions in Kenya. The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in Kenya. The Constitution mandates it to prosecute all criminal cases in the country.

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.

Deferred prosecution agreement (Canada)

In Canada, a deferred prosecution agreement (DPA) or remediation agreement refers to an agreement under Part XXII.1 of the Criminal Code. The agreement is made between the Crown prosecutor and an organization alleged to have committed certain types of criminal offences, usually in the context of fraud or corruption, with the consent of the relevant Attorney General and under the supervision of a judge. Under a deferred prosecution agreement, the Crown prosecutor can agree to defer bringing a prosecution for the alleged offences if the organization takes steps to improve its conduct, makes restitution, and implements internal controls to avoid a repetition of the conduct.

References

  1. "DPP quits to protect pension". The Irish Independent. 13 July 2011. Retrieved 27 January 2014.
  2. Source: Office of the Director of Public Prosecutions
  3. "Home Page". Office of the Director of Public Prosecutions. Retrieved 26 June 2020.
  4. "The Irish Army Headquarters, Phoenix Park. Dublin City 1786". Curious Ireland. Retrieved 26 June 2020.
  5. "Terror watchdog Max Hill QC appointed as new Director of Public Prosecutions". The Independent. Retrieved 31 October 2018.
  6. Edwards, Mark (2 December 2017). "New DPP Stephen Herron tells of his pride at being appointed to role". The Belfast Telegraph . Retrieved 26 May 2018.
  7. Final recommendations for changes to constitutional and electoral arrangements in the Turks and Caicos Islands (PDF). Turks and Caicos Islands: Constitutional and Electoral Reform Project. February 2011. Archived from the original (PDF) on 27 May 2018. Retrieved 30 October 2012.
  8. The Turks and Caicos Islands Constitution Order 2011. legislation.gov.uk. Retrieved 30 October 2012.
  9. "New DPP appointed". Turks and Caicos Weekly News . 7 November 2016. Retrieved 26 May 2018.