Witnesses and Victims FAQ

Does the ODPP have a published policy in respect of criminal prosecutions?

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.

What factors does the DPP take into account in deciding whether to prosecute or discontinue a prosecution?

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.

Does the ODPP assist victims and witnesses?

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 ODPP Prosecution Code, 2003.

I think that I am a victim of Human Trafficking or I have information in relation to Human Trafficking. What should I do?

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.

I am a victim of crime. I need more information

Please visit the ODPP website .

I am a victim of crime. I need to contact the ODPP

I am a guardian of a child witness or victim. I need more information

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. Please visit the ODPP website for more information

I want to know about victims and witnesses of Rape and Sexual Assaults.

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

What are the rights of a youth offender?

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”.