PART 1

DIRECTOR OF PUBLIC PROSECUTIONS

APPOINTMENT, TENURE AND FUNCTIONS

90.- 1. The provisions of this section shall, subject to section 76(2) have effect with respect to the conduct of prosecutions.

2. There shall be a Director of Public Prosecutions for Trinidad and Tobago whose office shall be a public office.

3. The director of Public Prosecutions shall have power in any case in which he considers it proper to do so-

a. to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Trinidad and Tobago;

b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority;

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.

4. The powers conferred upon the Director of Public Prosecutions by subsection (4)(b) and (c) shall be vested in him to the exclusion of the person or authority who instituted or undertook the criminal proceedings, except that a person or authority that has instituted criminal proceedings may withdraw them at any stage before the person against whom the proceedings have been instituted has been charged before the Court.

5. For the purposes of this section a reference to criminal proceedings includes an appeal from the determination of any court in criminal proceedings or a case stated or a question of law reserved in respect of those proceedings.

6. The functions of the Director of Public Prosecutions under subsection (3) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.