assignment to a Minister of responsibility under section 62 for the organisation,
maintenance and administration of the Police Force, but the Commissioner of
Police shall be responsible for determining the use and controlling the operations of
the force and, except as provided in subsection (3), the Commissioner shall not, in
the exercise of his responsibilities and powers with respect to the use and
operational control of the force, be subject to the direction or control of any person
or authority.
72.
Director of Public Prosecutions
(1)
There shall be a Director of Public Prosecutions whose office shall be a public office
and who shall be appointed by the Judicial and Legal Service Commission.
(2)
No person shall be qualified to hold or act in the office of Director or Public
Prosecutions unless he is qualified for appointment as a judge of the Supreme
Court.
(3)
The Director of Public Prosecutions shall have power in any case in which he
considers it desirable so to do (a)
to institute and undertake criminal proceedings before any court of law (not
being a court established by a disciplinary law);
(b)
to take over and continue any such criminal proceedings that may have
been instituted by any other person or authority; and
(c)
to discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
(4)
The powers of the Director of Public Prosecutions under subsection (3) may be
exercised by him in person or through other persons acting in accordance with his
general or specific instructions.
(5)
The powers conferred upon the Director of Public Prosecutions by subsection (3)(b)
and (c) shall be vested in him to the exclusion of any other person or authority:
Provided that, where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority at any stage before the
person against whom the proceedings have been instituted has been charged
before the court.
(6)
in the exercise of the powers conferred upon him by this section, the Director of
Public Prosecutions shall not be subject to the direction or control of any other
person or authority.
(7)
For the purposes of this section, any appeal from any determination in any criminal
proceedings before any court, or any case stated or question of law reserved for the
purposes of any such proceedings to any other court, shall be deemed to be part of
those proceedings: