DPP releases fresh prosecution rules

The Office of the Director of Public Prosecution (ODPP), has issued new standard guidelines for all prosecutors to consider first before they can criminally charge suspects before the courts of law.

The chief government prosecutor deemed it necessary to release the numerous guidelines on account that the prosecution function makes all prosecutors gatekeepers to the criminal justice system, hence the decision to charge a suspect or not is a serious one which affects suspects, victims, witnesses and the community at large.

“It is therefore, the duty of a prosecutor to ensure that the right person is prosecuted for the right offence, properly applying the law, and ensuring that relevant evidence is submitted before the court. It is vital that prosecutors effectively discharge their obligation to conduct an objective and independent analysis of every single file that is presented to them for a decision to charge,” DPP Jane Frances Abodo said yesterday in Kampala while releasing the guidelines.

She added: “Failure to do so carries high costs for society. In order to ensure that all prosecutors exercise their prosecution decisions in a standard manner, the ODPP deemed it expedient to put in place guidelines/ standards to guide prosecutors on the standards expected of them, their duties in the administration of justice, and the factors to consider in the exercise of prosecutorial discretion.”

According to the DPP, the new rules outline the threshold that prosecutors must check to see if there is sufficient evidence to provide a realistic prospect of a conviction against each suspect in court and whether the charge passes either the “evidence test, the public interest”, or both.

Under the first test, prosecutors will have to ascertain the strength of the evidence and only pursue cases with realistic prospects of conviction. Under the second test, the prosecutors will consider the culpability of the suspect, as well as the impact or harm to the community, the suspect’s age at the time of the offence and whether prosecution is a proportionate response.

Under the public interest test, the DPP said in every case where the evidential sufficiency test has been passed, the prosecutor must go on to assess whether a prosecution is in the public interest. She said a case that does not pass the evidential test must not proceed, no matter how serious or sensitive the case may be.

The new guidelines were spearheaded by Mr Charles Elem Ogwal, the former deputy DPP (Prosecutions) in 2021.

Guidelines

Some of the guidelines are;

•prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.

•it is the function of the ODPP to make assessment about whether it is appropriate to present charges for the criminal court to consider.

•a prosecutor must not let personal views based on ethnic or national origin, gender, disability, age, religion, or social status of a suspect, accused person, victim or any witness influence their decision and neither must they be motivated by political considerations.

•when deciding whether there is sufficient evidence to prosecute, a prosecutor should first identify all the elements for each offence.

•when reviewing the evidence in an investigation file, the prosecutor must check that the investigation diary is up to date and accurate.

•when a prosecutor decides not to charge, reasons shall be given in writing and where appropriate, the investigating officer and the victim shall be consulted.

•where there is need for additional evidence to meet the minimum requirements, prosecutors shall give written advice, highlighting key areas to be covered, together with any other specified information within a reasonable time.

•prosecutors must be familiar with sections 86 and 87 of the Magistrates Courts Act, 1980 (as amended) and sections 23, 24 and 25 of the Trial on Indictments Act, 1971 (as amended) in relation to charges.

•particular care must be taken when considering pleas, which would enable the accused person to avoid the imposition of a mandatory minimum sentence.

•prosecutors must never accept a guilty plea just because it is convenient.