Section 12Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Authority of Director of Public Prosecutions in respect of conduct of prosecutions
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12. (1) The Director of Public Prosecutions and any legal practitioner instructed for the purpose by the Director of Public Prosecutions may appear to prosecute on behalf of the Crown, the Commissioner of Police or any other public officer, public authority or department of Government in any criminal proceedings before any court.
Subject to such directions as may be given by the Director of Public Prosecutions from time to time, any police officer may conduct criminal proceedings in the Summary Court on behalf of the Crown or the Commissioner of Police, and any such police officer may appear and conduct the prosecution notwithstanding that that police officer is not the officer who made the complaint or charge in respect of which such proceedings arose.
The Director of Public Prosecutions may, by writing, authorise any public officer to conduct prosecutions in the Summary Court in respect of particular matters or categories of offences or in relation to the activities or functions of a particular department of the Government.
Any nolle prosequi or authority purporting to be signed by the Director of Public Prosecutions and issued under section 11 or this section shall be admitted and deemed to be prima facie valid for the purpose for which it was issued without proof of the signature. Criminal Procedure Code (2026 Revision) Section 13 c Revised as at 31st December, 2025 Page 17
Notwithstanding any power conferred upon any person under this section to institute or conduct any criminal proceedings, any such person shall at all times in respect thereof be subject to the express directions of the Director of Public Prosecutions who may in any case themselves institute or conduct any criminal proceedings or may take over and continue or direct any legal practitioner or, in case of proceedings in a Summary Court, any public officer, to take over and continue in accordance with the Director of Public Prosecutions’ instructions any criminal proceedings instituted or undertaken by any person, including a private prosecutor.
Referenced By
- Section 165 — Appeals from decisions of Summary Court
Reference to section 12(5) regarding Director of Public Prosecutions taking over private prosecutions