Objectives, functions and structure of the Office of the Director of Public Prosecutions relative to PREVENTION, DETECTION, PUNISHMENT and/or

Transcription

1 WELCOME

2 Objectives, functions and structure of the Office of the Director of Public Prosecutions relative to PREVENTION, DETECTION, PUNISHMENT and/or ERADICATION of acts of corruption

3 OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (DPP) Article 116 of the Constitution of the Co-operative Republic of Guyana states: 116. (1) There shall be a Director of Public Prosecutions whose office shall be a public office. (2) The functions of the Director of Public Prosecutions are set out in article 187.

4 Functions of the Office of the DPP Article 187. (1) The Director of Public Prosecutions (referred to in this article as the Director ) shall have power in any case in which he or she considers it desirable to do so (a) to institute and undertake criminal proceedings against any person before any court, other than a court martial, in respect of any offence against the law of Guyana. (b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or her or any other person or authority. (2) The powers of the Director under the preceding paragraph may be exercised by him or her in person or through other persons acting under and in accordance with his or her general or special instructions. (3) The powers conferred upon the Director by sub-paragraphs (b) and (c) of paragraph (1) shall be vested in him or her to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings, nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. (4) In the exercise of the powers conferred upon him or her by this article the Director shall not be subject to the direction or control of any other person or authority. (5) For the purposes of this article, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court in Guyana shall be deemed to be part of those proceedings.

5 Role of the Office of the DPP in the prevention of corruption The constitutional mandate of the Office of the DPP is to institute, take over and to discontinue, if necessary, all criminal proceedings in Guyana. In other words, prosecution of criminal offences, as opposed to investigation of suspected criminal conduct. The office is reactive based on information received, whether from investigations conducted by the Guyana Police Force or other state agencies. As it relates to the prevention of corruption, the role of the Office of the DPP is limited to the institution and taking over of criminal proceedings against persons who have, based on the evidence in the file, committed such offences. It is actually the prosecution of these criminals which prevents offending and re-offending. If convicted, those persons may be incarcerated, thereby preventing them from reoffending for the duration of their incarceration. Additionally, such incarceration results in deterrence of these types of offences being committed.

6 Role of the Office of the DPP in the detection of corruption 1. Information mainly comes to the Office of the DPP in Police Files. This includes, investigations, whether complete or not, of allegations of an offence falling under Title 22 of the Criminal Law (Offences) Act, Chapter 8:01, of the Laws of Guyana which deals with Bribery and Corruption. There are instances where the file is not one which specifically investigated the corruption offence, but having reviewed the evidence and realized that such an offence may have been committed, advice is given to investigate same. 2. The Office of the DPP, being a public office, is open to members of the public who occasionally make complaints in writing. This process is facilitated by the Public Relations Officer at the Office of the DPP, who meets with members of the public who come to the office. NOTE: Public outreaches are also done in various parts of Guyana

7 Role of the Office of the DPP in the detection of corruption continued What happens when a complaint is made? If there is an allegation of corruption, e.g. a Police Officer seeking to obtain a gift or consideration, whether monetary or otherwise, action taken is dependent on whether a report has already been made by the person. If it has, then the file is requested and assigned to a member of the legal staff for perusal and making of legal recommendations to the DPP. If the matter is unreported, contact is made, by the Public Relations Officer, with the Office of Professional Responsibility and/or Criminal Investigations Department Head Quarters. The report is then made and investigations conducted. Upon completion, the file compiled during the course of investigations is brought to the Office of the DPP where it is assigned to a member of the legal staff for perusal and making of legal recommendations to the DPP. Ultimately, if there is sufficient evidence for a charge to be instituted, this is done, whether it is criminal or administrative, under the relevant law, for example the Police (Discipline) Act, Chapter 17:01.

8 Role of the Office of the DPP in the punishment or eradication of corruption Having detected that an offence may have been committed, the evidence contained in the file is perused to ascertain whether there is sufficient evidence to institute a charge, or whether further investigations ought to be conducted in order to gather more evidence to prove the offence. Once there is sufficient evidence, the charge is instituted and the DPP s consent is given to the Guyana Police Force to prosecute the matter. Where the court convicts the offender, a penalty is imposed. Advice may also be given, for example, if the offender is a member of the Guyana Police Force, for that person to be interdicted or to consider whether their conduct warrants dismissal.

9 THANK YOU Questions or Comments?