Powers of Public Prosecutors and Withdrawal from Prosecution.

Powers of Public Prosecutors and Withdrawal from Prosecution.

Section 97 of the Criminal Procedure Act grants public prosecutors the authority to appear and conduct proceedings in any court (whether during inquiry, trial, or appeal) without needing a written mandate. This emphasizes the autonomous role of public prosecutors in representing the state. Additionally, if a private individual hires an advocate to assist in the prosecution, that advocate is required to act under the direction of the public prosecutor, thus preserving the prosecutorial authority and control of the state over criminal proceedings.

Section 98 empowers public prosecutors to withdraw from the prosecution of a case before a subordinate court at any point prior to judgment, either on their own initiative (with the court's consent) or as directed by the Director of Public Prosecutions (DPP). The consequences of such a withdrawal depend on the stage at which it occurs:

Under subsection (a), if withdrawal occurs before the accused is called to present their defense, the accused is discharged, meaning they are released but could be re-prosecuted for the same offence, subject to the provisions of section 131A (which sets conditions for rearrests and re-prosecution).

Under subsection (b), if the withdrawal occurs after the accused has been called upon to make their defense, the accused is acquitted, meaning they are fully cleared of the charges and cannot be retried for the same offence (as per the principle of double jeopardy).