Prosecution Policy
The Director of Public Prosecutions (DPP) is constitutionally mandated to consider the complaints made by victims of crime to the Police, and decide whether or not there is sufficient evidence to prove the complaint beyond reasonable doubt in Court.
If the DPP is not satisfied that the evidence is sufficient to prove the complaint beyond reasonable doubt, the DPP will not institute criminal proceedings. It is the DPP and the DPP alone who decides whether or not to withdraw a charge or complaint that has been made in Court.
The DPP will first consider the evidence in its totality, the reasons for the victim’s request for a withdrawal of the complaint, and the impact on the victim as well as the wider interests of justice before making his decision.
Decision to Prosecute
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.
Sufficiency of Evidence
A prosecutor must first be satisfied that there is sufficient evidence to provide a ‘reasonable prospect of conviction’ against each accused person on each charge proffered.
The prosecutor must consider the admissibility and reliability of each piece of evidence contained in the brief.
The prosecutor must also consider the likely defence case and assess the likely effect this may have on the prosecution case.
In assessing whether or not there is sufficient evidence to provide a reasonable prospect of conviction, the prosecutor must objectively consider whether or not a judge, assisted by assessors properly directed in accordance with the law, or a magistrate, will more likely than not convict the accused person of the charge alleged.
If the answer is yes, then the charge can proceed. If the answer is no, then it must not go ahead, no matter how important the case or serious the charge itself may be.
The Public Interest
If the prosecutor assesses that there is sufficient evidence to sustain criminal proceedings, then the prosecutor must decide whether or not a prosecution is needed in the public interest.
The prosecutor must balance factors for and against prosecutions fairly and objectively. Generally, criminal proceedings will be instituted unless the factors against prosecutions are clear and cogent.
No person in Fiji shall be prosecuted unless there is sufficient evidence and it is in the public interest to prosecute.
View the ODPP Prosecution Code, 2003.