power in any case in which he or she considers it
desirable to do so, and subject to the approval of the
Attorney General(a)
(b)
(c)
to initiate and undertake criminal
proceedings against any person before any
court for an offence against the law of The
Gambia
to take over and continue any criminal
proceeding that has been instituted by any
other person or authority;
to discontinue, at any stage before
judgement
is delivered, any criminal
proceeding instituted or undertaken by
himself or herself or any other person or
authority:
Provided that the Director of Public Prosecutions
shall not(i)
(ii)
(2)
take over and continue any private
prosecution without the consent of the
private prosecutor and the court; or
discontinue any private prosecution without
the consent of the private prosecutor .
For the purposes of this section, any appeal from a
determination in any criminal proceedings before
any court, or any case stated or question of law
reserved for the purpose of such proceedings to any
other court, shall be deemed to be part of those
proceedings:
Provided that the power conferred on the Director of
Public Prosecutions by subsection (1) (c) shall not be
exercised in relation to any appeal by a person convicted in
any criminal proceedings or any case stated at the instance
of such a person.
(3)
The powers conferred on the Director of Public
Prosecutions under this section may be exercised by
him or her in person or by persons under his or her
direction and control.
(4)
In the exercise of his or her functions under this
section, the Director of public prosecutions shall be