PROSECUTION PROCESS

1.1 The independence of the prosecutor is central to the criminal justice system of a democratic society. The International Association of Prosecutors – Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors (IAP Standards and Statements) state that “the use of prosecutorial discretion…should be exercised independently and be free from political interference” and requires prosecutors to “perform their duties without fear, favour or prejudice”. The integrity of the system of public prosecution depends on having Prosecutors who are independent from persons or agencies that are not part of the prosecution decision-making process. The ODPP Prosecutors are also independent from the police and other investigators. 

The Director of Public Prosecutions under the authority of the Constitution hereby adopts the standards and duties set out in Articles 1-5 of the IAP Standards and Statements as the standards and duties to be expected of all Prosecutors employed in or instructed by the ODPP.  Those standards and duties are set out at Annex A to this policy. Further the DPP recognises the importance of the empowerment provisions in Article 6.  The DPP undertakes to ensure compliance with these provisions so far as it is within his power to do so, and to support the Government of the Turks and Caicos Islands in its efforts to meet the requirements of those provisions.

1.2 It is not the function of the ODPP to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. The ODPP assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. A finding of guilt can only be made by a court.  Similarly, a decision not to bring criminal charges does not necessarily mean that an individual has not been a victim of crime. It is not the role of the ODPP to make such determinations.

1.3 The decision to prosecute is a serious step that affects suspects, victims, witnesses and the public at large and must be undertaken with the utmost care.

1.4 It is the duty of prosecutors to make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. Prosecutors must ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of disclosure of unused material are complied with.  

1.5 Although each case must be considered on its own facts and on its own merits, there are general principles that apply in every case.

1.6 When making decisions, prosecutors must be fair and objective. They must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity of the suspect, defendant, victim or any witness influence their decisions. Neither must they be motivated by political considerations. Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction. 

1.7 Prosecutors must be even-handed in their approach to every case and have a duty to protect the rights of suspects and defendants, while providing the best possible service to victims.

1.8 Prosecutors have a duty continuously to review their case and that duty only ends when the case is concluded and includes appeals.

1.9 Prosecutors must apply the principles of the Constitution at each stage of a case. They must comply with any guidelines issued by the DPP. Prosecutors must also comply with the laws of, and any rules of court issued under, any ordinance of the Turks and Caicos Islands. 

THANK YOU.

SEPTEMBER 09, 2022