| The Office The office of the DPP was established under the Constitution of Mauritius in 1964. One of the objectives of the Constitution of 1964 was to make the Procureur General an Attorney General who would be a member of the National Assembly and who would have the combined powers of the Procureur General and of the Advocate General. Thus the responsibility respecting criminal prosecution would be left to a public functionary who has sufficient experience in the field. The Constitution of 1968 restated the provisions of the 1964 law and section 72 of the Constitution of 1968 makes provision for the institution and the powers of the DPP. Accordingly, the office should be headed by a Director, who is appointed by the Judicial and Legal Service Commission and who should be qualified for appointment as a Judge of the Supreme Court. The office of the DPP effectively operates independently of the Attorney-General and of the politicians in the exercise of its powers under section 72 of the Constitution . Role and Powers of the DPP Subsection 3 of Section 72 of the Constitution provides for the role ad powers of the DPP. Accordingly, the DPP has the powers in any case in which he considers it desirable so to do – (a) To institute and undertake criminal proceedings before any Court of law (not being a Court instituted by a disciplinary law). (b) To take over and continue any such criminal proceedings that may 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. However, the DPP cannot exercise the abovementioned power to discontinue criminal proceedings in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved for the opinion of the Supreme Court. The above powers vested in the DPP may be exercised by him in person or through other persons acting with his general or specific instructions. The powers at (b) and (c) are vested in the DPP to the exclusion of any other person or authority. The DPP is not an investigative agency. The DPP may provide advice to the Police or other prosecuting agencies and other assistance during the investigation stage, particularly in large and complex matters. |