The Right of Appeal by the Director of Public Prosecutions.

The Right of Appeal by the Director of Public Prosecutions under the Criminal Procedure Act [Cap. 20 R.E. 2022]

The Criminal Procedure Act [Cap. 20 R.E. 2022] provides the Director of Public Prosecutions (DPP) with a statutory right to appeal decisions of subordinate courts to the High Court in criminal matters. This right is primarily governed by sections 377 to 386A of the Act. Section 377 defines "Director of Public Prosecutions" to include any subordinate officer acting under the DPP’s instructions, and "respondent" as the person who was the accused in the original proceedings. Under section 378(1), the DPP may appeal to the High Court if dissatisfied with an acquittal, finding, sentence, or order made by a subordinate court, except where such court was exercising extended jurisdiction under section 173. Subsection (2) clarifies that the appeal may be based on issues of law or fact, while subsection (3) limits appeals against interlocutory decisions unless they finally determine the criminal charge.

Section 379 imposes strict time limitations for such appeals: a notice of intention to appeal must be filed within 30 days, and the petition of appeal within 45 days, excluding the time taken to obtain necessary records. However, subsection (2) empowers the High Court to admit appeals filed out of time for good cause. Section 380 mandates that every appeal be made in writing, stating the grounds of error in law or fact, and be accompanied by relevant court records unless directed otherwise. Section 381 ensures that the respondent is notified of the appeal hearing, and if unreachable, notice may be served via newspaper publication.

Section 382 outlines the hearing procedure. The DPP addresses the court first, followed by the respondent or their advocate. The court may either dismiss the appeal or grant remedies depending on the nature of the appeal, including reversing acquittals, varying sentences, or ordering retrials. Under section 383, the court may dismiss the appeal if the DPP fails to appear, though the DPP may apply for re-admission upon showing sufficient cause. The High Court may also compel or secure the attendance of the respondent where necessary.

Section 384 empowers the High Court to take or direct the taking of further evidence if needed, ensuring the respondent's presence during such proceedings. Section 385, appeals by DPP are typically heard by a single judge unless the Chief Justice directs otherwise. If an equal division of opinion arises in a panel hearing, the appeal is dismissed. Section 386 permits the DPP to withdraw an appeal before hearing, with a provision for restoration upon sufficient cause. Lastly, section 386A states that such appeals abate upon the death of the respondent.