Prosecutions
The Public Prosecution Service is to comprise two offices, the Director and Deputy Director of Public Prosecutions. Offices may be set up in such places in Northern Ireland as are considered appropriate for the exercise of the Service’s functions.
The Deputy Director and Director generally hold their posts until retirement. The Attorney may extend their period of appointment. They may resign or be dismissed by the Attorney General.
Persons appointed as Director and Deputy Director of Public Prosecution must be members of the Bar or solicitors of at least ten years’ standing. Seven years in the case of the Deputy Director.
The Director may not be required by the Assembly to answer questions or produce documents other than in relation to the financial and administrative aspects of the Prosecution Service. The purpose is to protect the Director’s independence in the exercise of their functions. They may not be questioned on individual cases.
It is the responsibility of the Prosecution Service to conduct prosecutions, both indictable and summary offences. The 2002 Office Act removes the previous responsibility of the police for the prosecutions of summary offences.
The Director is obliged to take up a prosecution instituted by the police. The Director is responsible for prosecutions that are reasonably practicable for them to conduct. If the work is not sufficiently advanced, they need not do so. The Director may initiate criminal proceedings themselves where they consider it appropriate.
The right to institute a private prosecution remains. The Director is to take over any privately instituted proceedings other than those in which the Director of the Serious Fraud Office is responsible.
Power is given to prosecutors to withdraw charges before the first remand. Persons against whom proceedings have been withdrawn will be released from custody. Provision may be made for anonymity unless other proceedings are pending. There are other methods of discontinuance of proceedings, including a nolle prosequi.
Certain serious offences are subject to the consent of the Director of Prosecution before prosecution may be taken. The 2002 Act passed all the Attorney General’s functions in this area to the Director of Public Prosecutions.
The Director is to refer allegations of criminal conduct by police officers to the Police Ombudsman. The Ombudsman reports on investigations to the Director.
Court officials, resident magistrates, lay magistrates, and clerks of petty sessions are to send Directors copies of relevant information when persons are committed for trial or a complaint has been made. This is to ensure that the Director is informed of prosecutions that are undertaken through other channels. In most cases, it is open to the Director to take over the conduct of the prosecution.
Coroners must report to the Director circumstances of a death where it appears an offence may have been committed. The Chief Constable must send information where an offence is alleged to have been committed of a particular description specified by the Director. The Director may use the information to monitor the progress of investigations and proceedings in relation to particular types of offence.
The Chief Constable is obliged generally to send information to the Director at their request about criminal offences that may have been committed or other information required to carry out their functions. This enables the Director to ensure that particular crimes have been thoroughly investigated.
They may request papers to ensure that a decision may be made as to whether a prosecution may be instituted. A Director is not, however, entitled to supervise police in the conduct of investigations.
The Director may conduct their functions through their employees and staff. They may retain solicitors and barristers to prosecute cases in accordance with their instructions.
The Director publishes a code of practice for public prosecutors, barristers, and solicitors conducting cases on behalf of the Director. This includes a code of ethics.
It provides for general principles to be applied by prosecutors in relation to such matters as the decision to prosecute a charge, discontinuance of proceedings. The Director must be guided by the UN guidelines on the role of a prosecutor. The code must be published.
The DPP is obliged to promote equality of opportunity. This applies to various grounds of anti-discrimination legislation. It is an offence to discriminate on the grounds of religious belief or political opinion.
The Director is to prepare an annual report for the Attorney General containing details of the exercise of their function for the previous years, the code of practice and any alterations made during the course of the year. The Attorney General publishes the report but may exclude parts on public interest grounds.
The power to consent to prosecutions is divided between the Attorney General for Northern Ireland and the Advocate General for Northern Ireland. The latter’s consent is required for certain types of offences that are within the reserved function.
The Director General is to be independent in the performance of their function. They may be removed by the Attorney General but only on the recommendation of a tribunal convened above. It may be convened by the Attorney General after consulting the Advocate General. Its members are chosen by the Lord Chancellor.