Power of Director of Public Prosecutions to Enter Nolle Prosequi.

Power of Director of Public Prosecutions to Enter Nolle Prosequi

Section 91 of the Criminal Procedure Act grants the Director of Public Prosecutions (DPP) the authority to discontinue a criminal case at any stage before a verdict or judgment is delivered. Subsection (1) provides that the DPP can enter a nolle prosequi—a formal notice of abandonment of prosecution—either orally in court or in writing. Once this notice is entered, the accused must be immediately discharged from the charge, released from prison if detained, or have their bail obligations cancelled. However, this discharge does not prevent the accused from being prosecuted again in the future for the same offence, provided there is sufficient evidence to justify reopening the case.

Subsection (2) addresses situations where the accused is not present in court when the nolle prosequi is entered. In such cases, the court clerk or registrar must notify the prison (if the accused is detained), the subordinate court that committed the accused for trial, and all witnesses and their sureties. The accused and his sureties must also be notified accordingly.

Subsection (3) emphasizes that a person discharged under a nolle prosequi cannot be rearrested and recharged based on the same facts unless new and sufficient evidence justifies it. Furthermore, if the case is reopened, the hearing must begin promptly from the accused’s first appearance in court. This provision balances the powers of the prosecution with protections against arbitrary or repeated prosecutions. 

Delegation of Power by Director of Public Prosecutions

Section 92 of the Criminal Procedure Act provides the Director of Public Prosecutions (DPP) with the authority to delegate his legal powers to other qualified officers. Under subsection (1), the DPP may issue a written order allowing specific powers conferred upon him—such as those under sections 90 and 91 and all of Part VII of the Act—to be exercised by other legal officers, including Law Officers, State Attorneys, or Parliamentary Draftsmen. Once delegated, any action taken by these officers under the delegated powers is considered legally equivalent to an action taken directly by the DPP.

Subsection (2) gives the DPP the power to revoke such delegation at any time, also by written notice. This provision ensures flexibility and administrative efficiency in the prosecution of criminal cases, while maintaining accountability through written authorization and revocation procedures.