Permission to Conduct Prosecution and Title of Summary Proceedings.

Permission to Conduct Prosecution and Title of Summary Proceedings

Section 99 of the Criminal Procedure Act outlines the framework under which prosecutions may be conducted in criminal cases before a magistrate. Subsection (1) provides that while a magistrate has the discretion to permit any person to conduct a prosecution, only public prosecutors or persons/officers authorized by the President are automatically entitled to prosecute without seeking the magistrate’s permission. This ensures that prosecution is controlled and regulated, particularly to avoid abuse by unauthorized or unqualified persons.

Subsection (2) extends the same authority of withdrawal under section 98 to those authorized individuals or officers conducting prosecution under this section, thereby maintaining consistency in prosecutorial discretion.

Subsection (3) allows flexibility in representation by permitting the person conducting the prosecution to do so either in person or through an advocate. This enables private prosecutors or authorized officials to secure legal assistance if needed.

Subsection (4) deals specifically with summary trials—those which are simpler and faster. It mandates proper attribution in the title of proceedings: if the prosecutor is a private individual, their name must appear in the case title; but if the prosecutor is a police officer, then it is sufficient to list the Inspector General of Police as the prosecuting authority. This standardizes the representation of the state in police prosecutions and ensures clarity in court records.