The power of prosecutorial heads to intervene in private prosecutions in commonwealth countries

Abstract

In most countries public prosecutors are responsible for prosecuting offences. In Commonwealth countries, public prosecutors are headed by Directors of Public Prosecution (DPP), Prosecutors General (PG) or Attorneys-General (AG). However, for various reasons a public prosecutor may decline to prosecute a suspect even if there is evidence that the suspect committed the offence. It is against that background that private prosecutions are provided for in the constitutions and legislation in Commonwealth countries. In many commonwealth countries, the prosecutorial head is empowered to take over and continue with or to discontinue private prosecutions.