Frequently Asked Questions
The Office of the Director of Public Prosecutions (ODPP) is an independent office by virtue of section 117 of the 2013 Constitution. The ODPP prosecutes criminal cases and ensures that it is in the interests of justice that the guilty be held accountable and the innocent are not wrongly convicted.
The DPP is appointed by the President on the recommendation of the Judicial Services Commission, following consultation by the Judicial Services Commission with the Attorney-General. In addition, section 117 of the Constitution states that the DPP is appointed for a term of 7 years and is eligible for reappointment. He or she must also be a person who is qualified to be appointed as a Judge.
State Counsel or the DPP lawyers represent the State in the prosecution of criminal trials and appeals in the courts of Fiji. In addition to their litigation duties in court, they also provide legal advice to law enforcement agencies, analyse evidence and draft charges. The role of a State Counsel is not to cause convictions but rather to advise the courts by putting forth all the available, relevant and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused.
Any request for updates on any media issue must be directed to the Media Liaison Officer (MLO) either by email at odpp.media@gmail.com or telephone at +679 3211563.
The ODPP is in the process of drafting a revised Prosecution Code to replace the Prosecution Code, 2003. The Prosecution Code is an important guidance tool for our prosecutors to aid them in their day to day decision making.
View the ODPP Prosecution Code, 2003.
No person in Fiji shall be prosecuted unless there is sufficient evidence and it is in the public interest to prosecute. The first step in the decision-making process is to be sure that there is a reasonable prospect of a conviction. This is an objective test, which includes an assessment of the reliability of evidence, and the likely defence case. The test is, whether a court, properly directed in accordance with the law is more likely than not, to convict the accused of the charge alleged. There are two stages that the prosecutor’s analysis of the brief must address in arriving at a decision to prosecute. These stages are the evidential stage and the public interest stage.
The ODPP recognizes that victims and witnesses play a very vital role in the prosecution process. There is also a clear role for the ODPP in supporting the roles that victims and witnesses play and we also play a role in their care and management, demonstrated by our continuing commitment to enhance victim and witness support, wherever possible. There are clear policies that govern our lawyer’s interactions with victims and witnesses during Witness Conferencing sessions. These policies are articulated in documents such as the Prosecution Code 2003.
The rights of an accused person is stated in the 2013 Constitution. The following are the rights of an accused person:
Fiji is committed to cooperating with other jurisdictions in combating international crime. This commitment is demonstrated by the following types of international cooperation:
- Surrender of fugitive offenders.
- Mutual legal assistance in criminal matters.
- Continued use of less formal types of international cooperation
The Office of the Director of Public Prosecutions (ODPP) not only undertakes a pivotal role in facilitating extradition requests, but has also been the forefront of developing a modern extradition law and promoting effective bilateral and multilateral frameworks.
Human trafficking is a pernicious crime. It is a crime against an individual’s basic human rights and is an exploitation of some of the most vulnerable members of society. Please lodge complaint at the nearest police station and or seek help from someone you can trust. To understand more on human trafficking.
Please visit the ODPP website on https://odpp.com.fj/witnesses-victims/
The ODPP aims to provide a child friendly environment to child witnesses and ensure that a child witness is protected within the framework of its policies and the law when they are required to give evidence in court.The ODPP updated and renamed its Child Protection Division to the Sexual Crimes Division (SCD) in August 2019. The Guidelines on Prosecuting Child Sexual Abuse Cases & Other Crimes Against Children 2019 (“The Guidelines”) set out the operations of the SCD, for instance, the steps in building rapport with the child victim, the decision on whether to oppose bail for the accused and considerations relating to pre-trial applications such as witness protection applications.
A person who has been raped or sexually assaulted will suddenly be thrust into the confusing world of the criminal justice system. It is expected that this will be a difficult and traumatic time, and the victim may feel unsure and anxious about what may happen. The Guidelines on Prosecuting Child Sexual Abuse Cases & Other Crimes Against Children 2019 provides information on how the ODPP handles such cases of rape and sexual assaults.
View: Being a witness
A young person is not required to answer any questions asked of them whilst in the Police Station unless his or her parent or lawyer are present in the room. However, a young person may waive this right and allow the Police to question them without adult supervision. Section 25 of the Juveniles Act states that “The Police shall not take fingerprints or photographs of a child (under 14 years of age) while in lawful custody except by order of a Magistrate”.
The Office of the Director of Public Prosecutions (ODPP) is continually looking to recruit high calibre legal and corporate service professionals from within Fiji and abroad. Please check the ODPP Careers page for more information