PART 2

DIRECTOR OF PUBLIC PROSECUTIONS

APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC PROSECUTIONS.

87.- 1. There shall be a Director of Public Prosecutions whose office shall be a public office.

2. The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission.

3. If the office of Director of Public Prosecutions is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director.

4. A person shall not be qualified to be appointed to hold or act in the office of Director or Public Prosecutions unless-

a. he is qualified to practice as a barrister in a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth; and

b. he has practiced for not less than seven years as a barrister in such court.

5. A person appointed to act in the office of Director of Public Prosecutions shall, subject to the provisions of subsections (6) (8) (9) and (10) of this section, cease so to act-

a. when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or

b. at such earlier time as may be provided in the terms of his appointment.

6. Subject to the provisions of subsection (8) of this section, the Director of Public Prosecutions shall vacate his office when he attains the prescribed age.

7. A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

8. The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his renewal from office has been referred to a tribunal appointed under subsection (9) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehavior.

9. If the chairman of the Judicial and Legal Services Commission represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then-

a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director of Public Prosecutions ought to be removed under this section.

10. If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director should not be removed.

11. The prescribed age for the purposes of subsection (6) of this section is the age of fifty-five years or such other age as may be prescribed by Parliament.