Director of Public Prosecutions
Encyclopedia
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences
in several criminal jurisdiction
s around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of nations
.
has a Commonwealth Director of Public Prosecutions, which was set up by the Director of Public Prosecutions Act 1983 and started operations in 1984. The nine States and territories of Australia
also have their own DPPs. The Australian Commonwealth Director of Public Prosecutions is Chris Craigie SC.
Each state and territory has its own DPP. The Office of DPP operates independently of Government.
Ultimate authority for authorising prosecutions lies with the Attorney General
. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP.
It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judicial office. Examples include Mark Weinberg, now a justice of the Court of Appeal in the Supreme Court of Victoria; Michael Rozenes
, now Chief Judge of the County Court of Victoria; Brian Martin
, now Chief Justice of the Northern Territory; John McKechnie
, now a justice of the Supreme Court of Western Australia; and Paul Coghlan, now a justice of the Supreme Court of Victoria.
, each province's Crown Attorney Office
is responsible for the conduct of criminal prosecutions. In Ontario
, local Crown Attorney in the Criminal Law Division are in charge of criminal cases.
Only British Columbia
, Nova Scotia
, and Quebec
(a civil code jurisdiction) have a Director of Public Prosecutions office.
Recent legislation passed by Parliament split the conduct of federal prosecutions from the Department of Justice
, and created the Office of the Director of Public Prosecutions (officially called the Public Prosecution Services of Canada). This legislation came into effect December 12, 2006 and the PPSC has control of criminal prosecutions in the three northern territories
, and also conducts prosecutions for offences under federal Acts (including offences relating to drug-dealing, organized crime, terrorism, and various regulatory matters).
The current Director of the PPSC is Brian Saunders
LLB, LLM. Saunders is a former Assistant Deputy Attorney General of Canada (Criminal Law Branch).
heads the Prosecutions Division
of the Department of Justice
, which is responsible for prosecuting trials and appeals on behalf of the Hong Kong Special Administrative Region, providing legal advice to law enforcement agencies on investigations, acting on behalf of the Secretary for Justice
in the institution of criminal proceedings, and providing advice to bureaux and departments on measures to reform the criminal law. The DPP is superintended by the Secretary for Justice, a political appointee, who is also accountable for the decisions of the DPP. The position title was formerly the Crown Prosecutor. The Secretary for Justice and the Department of Justice were, previously, named the Attorney General and the Legal Department
, respectively.
since the enactment of the Prosecution of Offences Act 1974. Before 1974 all crimes and offences were prosecuted at the suit of (after action taken by) the Attorney General
. The DPP may also issue a certificate that a case should be referred to the Special Criminal Court
, a juryless trial court usually reserved for terrorists and organised criminals.
The current Director of the Office of the Director of Public Prosecutions (DPP) is James Hamilton
. Mr. Hamilton, who has served as DPP for 12 years, announced in July 2011 that he will be taking early retirement and stepping down November 2011
List of Director of Public Prosecutions since 1974
Source: Office of the Director of Public Prosecutions
public prosecutions are conducted by an independent National Director of Public Prosecutions (NDPP). The current NDPP, Vusi Pikoli
, is head of the National Prosecuting Authority
(NPA). His predecessor, Bulelani Ngcuka
resigned his position in the wake of an unsuccessful smear campaign against him involving supporters of convicted fraudster Schabir Shaik.
The NDPP is supported by a Chief Executive Officer
, Marion Sparg
, Deputies, regional Directors of Public Prosecutions (DPPs), and several Special Directors. The National Director was also head of the controversial Directorate of Special Operations
(DSO) - commonly known as the Scorpions - which dealt with priority and organised crime until its transfer to the police in 2009. In 2005, the unit instituted proceedings against the country's Deputy President, Jacob Zuma
, leading to his dismissal.
, the office of Director of Public Prosecutions was first created in 1880 as part of the Home Office
, and had its own department from 1908. The DPP was responsible for the prosecution of only a small number of major cases until 1986 when responsibility for prosecutions was transferred to a new Crown Prosecution Service
with the DPP as its head. The Director is appointed by the Attorney General for England and Wales
.
The current DPP is Keir Starmer
QC.
has a different legal system: Scots law
. The public prosecutor is the Lord Advocate
who heads up the Crown Office and Procurator Fiscal Service. All investigations by the police are nominally under the direction of the Lord Advocate
and local Procurators Fiscal
, and all prosecutions are carried out in the name of the Lord Advocate
.
The current Lord Advocate is The Rt Hon Elish Angiolini,QC.
a similar situation existed, and the Director of Public Prosecutions for Northern Ireland
now heads the Public Prosecution Service for Northern Ireland
.
The current DPP is Sir Alasdair Fraser,CB,QC.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
in several criminal jurisdiction
Criminal jurisdiction
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime...
s around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
.
Australia
AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
has a Commonwealth Director of Public Prosecutions, which was set up by the Director of Public Prosecutions Act 1983 and started operations in 1984. The nine States and territories of Australia
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
also have their own DPPs. The Australian Commonwealth Director of Public Prosecutions is Chris Craigie SC.
Each state and territory has its own DPP. The Office of DPP operates independently of Government.
Ultimate authority for authorising prosecutions lies with the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP.
It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judicial office. Examples include Mark Weinberg, now a justice of the Court of Appeal in the Supreme Court of Victoria; Michael Rozenes
Michael Rozenes
Michael Rozenes AO QC is the Chief Judge of the County Court.- Early life :Rozenes was born in Sosnowiec, Poland and migrated with his family to Australia when he was three years old. Rozenes was educated at the North Caulfield State school and then at Brighton Grammar School...
, now Chief Judge of the County Court of Victoria; Brian Martin
Brian Ross Martin
Brian Ross Martin AO QC was the Chief Justice of the Supreme Court of the Northern Territory from 2004 to 2010. He was sworn in as the Northern Territory's fifth Chief Justice on 27 January 2004 following the retirement of Brian Frank Martin.At the time of his appointment he was a judge of the...
, now Chief Justice of the Northern Territory; John McKechnie
John McKechnie
John Roderick McKechnie QC is a Justice of the Supreme Court of Western Australia, the highest ranking court in the Australian State of Western Australia, and previously served as the State's first Director of Public Prosecutions....
, now a justice of the Supreme Court of Western Australia; and Paul Coghlan, now a justice of the Supreme Court of Victoria.
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, each province's Crown Attorney Office
Crown Attorney Office (Canada)
The Crown Attorney Office are in charge of prosecuting most criminal cases in Canada. For the most part the official and office are under the jusrisdiction of provincial Attorneys General . in charge of criminal cases at provincial level. They are spread out across the province by municipal districts...
is responsible for the conduct of criminal prosecutions. In Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, local Crown Attorney in the Criminal Law Division are in charge of criminal cases.
Only British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
, and Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
(a civil code jurisdiction) have a Director of Public Prosecutions office.
Recent legislation passed by Parliament split the conduct of federal prosecutions from the Department of Justice
Department of Justice (Canada)
The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters...
, and created the Office of the Director of Public Prosecutions (officially called the Public Prosecution Services of Canada). This legislation came into effect December 12, 2006 and the PPSC has control of criminal prosecutions in the three northern territories
Northern Canada
Northern Canada, colloquially the North, is the vast northernmost region of Canada variously defined by geography and politics. Politically, the term refers to the three territories of Canada: Yukon, Northwest Territories, and Nunavut...
, and also conducts prosecutions for offences under federal Acts (including offences relating to drug-dealing, organized crime, terrorism, and various regulatory matters).
The current Director of the PPSC is Brian Saunders
Brian Saunders
Brian Saunders is an American sound engineer. He was nominated for an Academy Award in the category Best Sound for the film Gorillas in the Mist: The Story of Dian Fossey.-External links:...
LLB, LLM. Saunders is a former Assistant Deputy Attorney General of Canada (Criminal Law Branch).
Hong Kong
The Director of Public Prosecutions of Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
heads the Prosecutions Division
Prosecutions Division (Hong Kong)
The Prosecutions Division of the Department of Justice, is the public prosecution office in Hong Kong. The Prosecutions Division is the largest in the Department, with about 125 lawyers, known as 'Public Prosecutors', and about 115 lay prosecutors, known as 'Court Prosecutors'...
of the Department of Justice
Department of Justice (Hong Kong)
The Department of Justice is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department and Attorney General respectively....
, which is responsible for prosecuting trials and appeals on behalf of the Hong Kong Special Administrative Region, providing legal advice to law enforcement agencies on investigations, acting on behalf of the Secretary for Justice
Secretary for Justice
The Secretary for Justice is a member of the Hong Kong Government responsible for prosecutions and legal matters. He or she heads the Department of Justice....
in the institution of criminal proceedings, and providing advice to bureaux and departments on measures to reform the criminal law. The DPP is superintended by the Secretary for Justice, a political appointee, who is also accountable for the decisions of the DPP. The position title was formerly the Crown Prosecutor. The Secretary for Justice and the Department of Justice were, previously, named the Attorney General and the Legal Department
Legal Department
The Legal Department , headed by the Attorney General, was the department responsible for the laws of Hong Kong until 1997, when Hong Kong ceased to be a British crown colony....
, respectively.
List of DPP's
- David Boy QC (1979-1982)
- Max Lucas QC (1982-1984)
- Joseph Duffy QC (1984-1986)
- James Findlay QC (1986-1989)
- Anthony Duckett QC (1989-1990), (Acting)
- John Wood CB (1990-1994)
- Peter Nguyen QC,SC (1994-1997)
- Grenville CrossGrenville CrossIan Grenville Cross, SBS, QC, SC was appointed Director of Public Prosecutions of Hong Kong, on 15 October 1997, and held this post for 12 years, until 21 October 2009...
QC,SC (1997-2009) - Ian McWalters SC (2010-2011)
- Kevin ZervosKevin ZervosKevin Paul Zervos SC was appointed Director of Public Prosecutions of the Department of Justice of the Hong Kong SAR in March 2011, the culmination of 27 years' distinguished prosecutorial service in Australia and Hong Kong...
SC (2011- )
Republic of Ireland
The Director of Public Prosecutions has been responsible for prosecution of all indictable criminal offences in the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
since the enactment of the Prosecution of Offences Act 1974. Before 1974 all crimes and offences were prosecuted at the suit of (after action taken by) the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. The DPP may also issue a certificate that a case should be referred to the Special Criminal Court
Special Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...
, a juryless trial court usually reserved for terrorists and organised criminals.
The current Director of the Office of the Director of Public Prosecutions (DPP) is James Hamilton
James Hamilton (Director of Public Prosecutions)
James Hamilton is the current Director of Public Prosecutions at the Irish Office of the Director of Public Prosecutions. In September 2010 James Hamilton was elected President of the International Association of Prosecutors. James Hamilton became Director of Public Prosecutions in 1999...
. Mr. Hamilton, who has served as DPP for 12 years, announced in July 2011 that he will be taking early retirement and stepping down November 2011
List of Director of Public Prosecutions since 1974
- 1974-1999 Eamonn Barnes
- 1999-2011 James Hamilton
- 2011-20?? Claire Loftus (First Woman Director of Public Prosecutions)
Source: Office of the Director of Public Prosecutions
South Africa
In South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
public prosecutions are conducted by an independent National Director of Public Prosecutions (NDPP). The current NDPP, Vusi Pikoli
Vusi Pikoli
Vusumzi "Vusi" Pikoli is a South African advocate, and the recently fired head of South Africa's National Prosecuting Authority. He is noted for instigating criminal charges against disgraced South African police commissioner Jackie Selebi and ANC president Jacob Zuma...
, is head of the National Prosecuting Authority
National Prosecuting Authority
The Constitution of the Republic of South Africa , created a single National Prosecution Authority , which is governed by the National Prosecuting Authority Act...
(NPA). His predecessor, Bulelani Ngcuka
Bulelani Ngcuka
Bulelani T Ngcuka was the first national Director of Public Prosecutions in South Africa, and is the husband of former Deputy President of South Africa Phumzile Mlambo-Ngcuka. He was embroiled in controversy after being accused of being an apartheid spy...
resigned his position in the wake of an unsuccessful smear campaign against him involving supporters of convicted fraudster Schabir Shaik.
The NDPP is supported by a Chief Executive Officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
, Marion Sparg
Marion Sparg
Marion Monica Sparg is a South African activist, former guerrilla and public administrator.-Struggle years:Marion Sparg was one of the few white women to join Umkhonto we Sizwe , the armed wing of the African National Congress during South Africa's apartheid era...
, Deputies, regional Directors of Public Prosecutions (DPPs), and several Special Directors. The National Director was also head of the controversial Directorate of Special Operations
Scorpions (South Africa)
The Directorate of Special Operations was a multidisciplinary agency that investigated and prosecuted organised crime and corruption. It was a unit of The National Prosecuting Authority of South Africa. Its staff of 536 consisted of some of the best police, financial, forensic and intelligence...
(DSO) - commonly known as the Scorpions - which dealt with priority and organised crime until its transfer to the police in 2009. In 2005, the unit instituted proceedings against the country's Deputy President, Jacob Zuma
Jacob Zuma
Jacob Gedleyihlekisa Zuma is the President of South Africa, elected by parliament following his party's victory in the 2009 general election....
, leading to his dismissal.
England and Wales
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the office of Director of Public Prosecutions was first created in 1880 as part of the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
, and had its own department from 1908. The DPP was responsible for the prosecution of only a small number of major cases until 1986 when responsibility for prosecutions was transferred to a new Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
with the DPP as its head. The Director is appointed by the Attorney General for England and Wales
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
.
The current DPP is Keir Starmer
Keir Starmer
Keir Starmer, QC, is a barrister in England and Wales. He became the fourteenth Director of Public Prosecutions and the sixth head of the Crown Prosecution Service on 1 November 2008...
QC.
Scotland
ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
has a different legal system: Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. The public prosecutor is the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
who heads up the Crown Office and Procurator Fiscal Service. All investigations by the police are nominally under the direction of the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
and local Procurators Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
, and all prosecutions are carried out in the name of the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
.
The current Lord Advocate is The Rt Hon Elish Angiolini,QC.
Northern Ireland
In Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
a similar situation existed, and the Director of Public Prosecutions for Northern Ireland
Director of Public Prosecutions for Northern Ireland
The Director of Public Prosecutions is the head of the Public Prosecution Service of Northern Ireland, and is appointed by the Attorney General for Northern Ireland. The current DPP is Sir Alasdair Fraser CB QC.-See also:*Director of Public Prosecutions...
now heads the Public Prosecution Service for Northern Ireland
Public Prosecution Service for Northern Ireland
The Public Prosecution Service for Northern Ireland is the department of the Northern Ireland Office responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland...
.
The current DPP is Sir Alasdair Fraser,CB,QC.
See also
- Attorney GeneralAttorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
- Commonwealth and United States - District AttorneyDistrict attorneyIn many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
- United States - Crown AttorneyCrown attorneyCrown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
- Canada, excluding Alberta - Crown ProsecutorCrown ProsecutorCrown Prosecutors are the public prosecutors in the legal system of Australia.Crown Prosecutors represent the Crown in right of the Commonwealth and in right of each State or Territory in criminal proceedings. Crown Prosecutors are appointed not elected and not public servants; they are private...
- Australia and England & Wales, Alberta
External links
- www.eatoncounty.org/prosecutor/pa-world.htm — indexes DPP web sites throughout the world
- The National Prosecuting Authority of South Africa (NPA)
- The Crown Prosecution Service — website of public prosecution in England and Wales
- Office of the Director of Public Prosecutions — website of the Irish Director of Public Prosecutions
- Commonwealth Director of Public Prosecutions — website of the Australian federal Director of Public Prosecutions