The Director of Public Prosecutions (DPP) Jane Frances Abodo has today launched Decision to Charge Guidelines to guide Prosecutors on their duties in the administration of criminal justice, particularly the exercise of their prosecutorial function.

These Guidelines provide for the charging process including; information and materials required for charging, prosecution advice, full code and threshold tests before charges are preferred, case types that require Prosecution–Guided Investigations, framework for bail, disclosure, post–charge case management, effective management and prosecution of cases in court, progression and review, guidance on the withdraw of cases, out–of–court case disposal, transition from the manual case management system to the new business rules and processes that are required by the digital case file, diversion practice, witness protection and management.

At the launch, the DPP said, “The exercise of the prosecution function makes all Prosecutors gatekeepers to the criminal justice system. In this regard, the decision to charge (and therefore to prosecute) is a serious step that affects suspects, victims, witnesses and the community at large, and so must be undertaken with the utmost care and diligence.”

“The exercise of the prosecution function makes all Prosecutors gatekeepers to the criminal justice system. In this regard, the decision to charge (and therefore to prosecute) is a serious step that affects suspects, victims, witnesses and the community at large, and so must be undertaken with the utmost care and diligence.”

She further said, “It is therefore the duty of a Prosecutor to ensure that the right person is prosecuted for the right offence, properly applying the law, and ensuring that relevant evidence is submitted before the court, and that disclosure obligations are complied with. It is vital that Prosecutors effectively discharge their obligation to conduct an objective and independent analysis of every single file that is presented to them for a decision to charge. Failure to do so carries high costs for society.”

In order to ensure that all Prosecutors exercise their prosecutorial decisions in a standard manner, the ODPP deemed it expedient to put in place guidelines to guide Prosecutors on the standards expected of them, their duties in the administration of justice, and the factors to consider in the exercise of prosecutorial discretion.

The Guidelines on the Decision to Charge are a critical and essential tool that will help the ODPP carry out its mandate under Article 120 of the Constitution to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial.

By Jacqueline Okui | Published: 12th September 2023