ABSTRACT

This chapter focuses on two separate areas that precede the actual trial process in the criminal court. The first is the prosecution powers of the main authority with the responsibility for prosecution, the Director of Public Prosecutions, and also the police and the private citizen. The second area is that of bail, which arises when a person is in custody having been arrested and charged with an offence. Most Constitutions of Commonwealth Caribbean States establish the post of Director of Public Prosecutions (DPP). The Bahamas is a notable exception and while there is a DPP, that post is another public office and the Attorney General has control over prosecutions. In other jurisdictions the post of DPP has constitutional protection, unlike most other public offices. While the relevant constitutions all say that ‘the DPP shall not be subject to the direction or control of any other person or authority’, some constitutions make this subject to powers conferred on the Attorney General.