Latest update May 7th, 2024 12:59 AM
Jan 30, 2012 Features / Columnists, Peeping Tom
The President of Guyana can dismiss the Director of Public Prosecutions but the decision or recommendation for such action is not one for the President to make.
In short, the President cannot act in his own deliberate judgment when it comes to the dismissal of certain public officers, including the Commissioner of Police and the Director of Public Prosecutions.
The President merely appoints and dismisses but the decision to appoint or dismiss follows a constitutionally laid- down procedure. This procedure protects these public officers from politically inspired decisions.
The functions of the DPP are spelt out in the constitution. Article 116 of the Constitution of Guyana prescribes that there shall be a DPP whose functions are spelt out in Article 187.
Article 187 vests in the DPP, the power to institute criminal proceedings against any person. The DPP however cannot institute court martial proceedings.
The DPP can also take over and continue criminal proceedings that may have been instituted by another person or authority. The DPP can also discontinue criminal proceedings whether brought by the DPP or by any other person. There is the well known case of the Office of the DPP intervening years ago to discontinue a private criminal case. However, the DPP can only discontinue a case before judgment is given.
In the exercise of these powers granted under the constitution, the DPP has tremendous latitude when it comes to criminal proceedings. Obviously, it is not for the DPP to conduct the investigations into criminal matters. Such investigations are usually done by law enforcement authorities, during and after which the advice of the DPP may be sought.
After a matter would have been sent to the DPP for advice, the DPP can send it back to the police for further investigations since if the matter is to be successfully prosecuted certain things have to be in order.
This is one of the reasons why the DPP is forced to interact with the police.
The functions of the DPP therefore have to be seen in its wider contexts of first, ensuring that a sound case is established; secondly that persons are not wrongfully charged; and thirdly, that the rights of suspects are respected since if evidence is obtained by force, fraud or duress, the entire case may fall on its face.
The DPP therefore has the implicit power to advise the police on certain matters and such advice does not have to be solicited. If the DPP feels that the police need to be told certain things so as to safeguard the integrity and successful prosecution of a matter, it is within the right of the DPP to do so.
The DPP is an independent constitutional office and not subject to political direction or any other authority. This fact is spelt out by Article 187 of the Constitution. While the President appoints and has the power to dismiss the DPP, the DPP is not subject to the direction or control of the President or any of his operatives.
In fact, the President merely carries out instructions when he dismisses or appoints the DPP. It is not for him to decide on the eligibility of someone to be appointed or the necessity of removal of the DPP. This point will now be made clearer.
The President of Guyana can dismiss the Director of Public Prosecutions but the decision or recommendation for such action is not one for the President to make.
In short, the President cannot act in his own deliberate judgment when it comes to the dismissal of certain public officers, including the Commissioner of Police and the Director of Public Prosecutions.
The President merely appoints and dismisses but the decision to appoint or dismiss follows a constitutionally laid- down procedure. This procedure protects these public officers from politically inspired decisions.
The functions of the DPP are spelt out in the constitution. Article 116 of the Constitution of Guyana prescribes that there shall be a DPP whose functions are spelt out in Article 187.
Article 187 vests in the DPP, the power to institute criminal proceedings against any person. The DPP however cannot institute court martial proceedings.
The DPP can also take over and continue criminal proceedings that may have been instituted by another person or authority. The DPP can also discontinue criminal proceedings whether brought by the DPP or by any other person. There is the well known case of the Office of the DPP intervening years ago to discontinue a private criminal case. However, the DPP can only discontinue a case before judgment is given.
In the exercise of these powers granted under the constitution, the DPP has tremendous latitude when it comes to criminal proceedings. Obviously, it is not for the DPP to conduct the investigations into criminal matters. Such investigations are usually done by law enforcement authorities, during and after which the advice of the DPP may be sought.
After a matter would have been sent to the DPP for advice, the DPP can send it back to the police for further investigations since if the matter is to be successfully prosecuted certain things have to be in order.
This is one of the reasons why the DPP is forced to interact with the police.
The functions of the DPP therefore have to be seen in its wider contexts of first, ensuring that a sound case is established; secondly that persons are not wrongfully charged; and thirdly, that the rights of suspects are respected since if evidence is obtained by force, fraud or duress, the entire case may fall on its face.
The DPP therefore has the implicit power to advise the police on certain matters and such advice does not have to be solicited. If the DPP feels that the police need to be told certain things so as to safeguard the integrity and successful prosecution of a matter, it is within the right of the DPP to do so.
The DPP is an independent constitutional office and not subject to political direction or any other authority. This fact is spelt out by Article 187 of the Constitution. While the President appoints and has the power to dismiss the DPP, the DPP is not subject to the direction or control of the President or any of his operatives.
In fact, the President merely carries out instructions when he dismisses or appoints the DPP. It is not for him to decide on the eligibility of someone to be appointed or the necessity of removal of the DPP. This point will now be made clearer.
GRA catch EXXON trying to hunch GUYANA over 11 BUS dollars in one shot!!!!
May 07, 2024
‘One Guyana’ Beach Football Championship Kaieteur Sports – Young Gunners males and Speightland ladies are Kings and Queens of the Sand One Guyana Beach Football Championship which concluded...Kaieteur News – The PPP/C’s congress was characterised by a glaring disconnect from the realities facing Guyana... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]