The constitution and laws of Barbados
Establishment of office and functions of Director of Public
Prosecutions
79. 1. There shall be a Director of Public Prosecutions whose office
shall be a public office.
2. The Director of Public Prosecutions shall have power in any case in which he
considers it desirable so to do -
a. to institute and undertake criminal proceedings against any person before
any court other than a court-martial in respect of any offense against the law
of Barbados;
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 himself or any other person or
authority.
3. The powers of the Director of Public Prosecutions under subsection (2) may
be exercised by him in person or through other persons acting under and in
accordance with his general or special instructions.
4. The powers conferred upon the Director of Public Prosecutions by paragraphs
(b) and (c) of subsection (2) shall be vested in him to the exclusion of any
other person or authority:
Provided that, 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 and with the
leave of the court.
5. In the exercise of the powers conferred upon him by this section the
Director of Public Prosecutions shall not be subject to the direction or
control of any other person or authority.
6. 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 purposes of any such proceedings, to any other court or to Her
Majesty in Council shall be deemed to be part of those proceedings.
7. The Director of Public Prosecutions shall not enter upon the duties of his
office until he has taken and subscribed the oath of allegiance and an oath for
the due execution for his office in the form set our in the First Schedule.
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