TCI Constitution

Director of Public Prosecutions 100. (1) The office of Director of Public Prosecutions shall be a public office, and appointments to that office shall be made in accordance with section 91. (2) The Director of Public Prosecutions 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 in respect of any offence against any law in force in the Islands; (b) to take over and continue any such criminal proceedings that 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 himself or herself or any other person or authority. (3) The powers of the Director of Public Prosecutions under subsection (2) may be exercised by the Director of Public Prosecutions in person or by officers subordinate to him or her acting under and in accordance with his or her general or special instructions. (4) The powers conferred on the Director of Public Prosecutions by subsection (2)(b) and (c) shall be vested in him or her to the exclusion of any other person or authority; but where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court. © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 72 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 (5) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings. (6) The Director of Public Prosecutions shall formulate, and may from time to time amend, a prosecution policy document which sets out the principles that will be applied by the Director of Public Prosecutions and his or her office in their approach to prosecutions, and the Director of Public Prosecutions shall publish any such policy document and any amendment to it.