What is the difference between the Office of the Attorney-General (“OAG”) and the Office of the Director of Public Prosecutions (“ODPP”)?

They are both constitutional offices. The OAG tenders legal advice to government and also represents government in civil cases. The independent ODPP is mandated to handle criminal prosecutions. The OAG is enjoined to guide on matters concerning international cooperation, public interest and national security.

 

How does the ODPP decide whether to prosecute?

Every charging decision is based on the ODPP Prosecution Policy: This means asking questions including whether there is cogent evidence that a crime has been committed, the harm caused to the victim, the impact on communities and whether a prosecution is a proportionate response.

 

How long can the ODPP take to make a decision?

2 working days

The ODPP will, wherever possible, complete the review and communicate the decision to the police within an overall review timeframe of 2 working days. In cases where it is not possible to provide a timely decision within the usual timeframes, for example in more complex cases, the ODPP will notify the police accordingly.

 

How does the ODPP work?

The ODPP decides which cases should be prosecuted; determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations; prepares cases and presents them at court; and may discontinue cases.

 

Can the ODPP discontinue charges?

There are instances when the ODPP may discontinue a case. If the ODPP discontinues the case, there is no trial. The defendant is discharged by the Court. However the discharge does not operate as a bar to any subsequent proceedings against the defendant on account of the same facts.

 

What evidence does the ODPP need to charge?

The evidence the Royal Bahamas Police Force (“RBPF”) gathers includes documentary, physical, and other forensic evidence and not just testimony of witnesses. The RBPF is the agency that receives complaints, interviews witnesses, and collects evidence, arrests and interviews suspects. All of this produces a file which when completed the RBPF send to the ODPP for review and a decision on whether to prosecute. The evidence must be cogent and admissible.

 

What does the prosecution present once a case goes to court?

Prosecution counsel presents the evidence against the defendant before the court. Defence counsel presents the case for the defendant and challenges the prosecution's evidence.

 

What time limit is there before the RBPF can charge you?

Effectively, this means the RBPF must charge (or lay a charge before a Magistrates' Court) a summary offence within six months of the date of the offence. For indictable offences, there is no statutory time limit.

 

Can police press charges if victim does not?

The Unwilling Victim

A prosecutor can also decide to pursue a case even if the victim asks the police or prosecutor not to. In a case of domestic violence, sexual offences or assault, for instance, even if the victim doesn't want to “press charges” or “no longer interested” the prosecutor can still decide to proceed without the victim's cooperation if the evidence duly permits.

 

How do you convince a prosecutor to discontinue charges?

You can ask the ODPP's prosecutor to discontinue the charges, but they do not have to honor your request. A good prosecutor will usually take your wishes into account when considering what the recommended course of action should be to the Director of Public Prosecutions (“DPP”) for the final decision.

 

Does the prosecutor talk to the virtual complainant (“VC”)?

The VC is the person who complains to the RBPF that they have been a victim of a crime.

The prosecutor may talk to the VC when preparing for a trial.

The other relevant scenario is where the prosecutor is minded to inform court of the VC’s views, that is, permitting the victim to address the court or submit a victim impact statement.