Constitution St-Kitts-Nevis - ICRC

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1983 Saint Kitts and Nevis Constitution Page 44 of 106 Secretary to Cabinet. 62.- (1) There shall be a Secretary to the Cabinet whose office shall be a public office. (2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct. Constitution of offices etc. 63.- Subject to the provisions of this Constitution and of any other law, the Governor-General may constitute offices for Saint Christopher and Nevis, make appointments to any such office and terminate any such appointment. Attorney-General. 64.- (1) There shall be an Attorney-General who shall be the principal legal adviser to the Government. (2) The office of Attorney-General shall be either a public office or the office of a Minister. (3) No person shall be qualified to hold or act in the office of Attorney-General unless he is qualified for elections as Representative or appointment as a Senator and is also qualified to practice as a barrister in Saint Christopher and Nevis. Control of public prosecutions. 65.- (1) There shall be a Director of Public Prosecutions whose office shall be a public office. (2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to doa) to institute and undertake criminal proceedings against any person before any court of law (other than in a court-martial) in respect of any offence under a law alleged to have been committed by that person; b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. (3) The power of the Director of Public Prosecutions under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. (4) The power conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority: Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
1983 Saint Kitts and Nevis Constitution Page 45 of 106 authority and with the leave of the court. (5) For the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings: Provided that the power conferred of the Director of Public Prosecutions by subsection (2)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. (6) In the exercise of the functions vested in him by subsection (2) and by section 26 (5) and 101(6), the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. Prerogative of mercy. 66.- (1) The Governor-General maya) grant a pardon, either free or subject to lawful conditions, to any person convicted of any criminal offence under a law; b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any such offence; c) substitute a less severe form of punishment for any punishment imposed on any person for any such offence; or d) remit the whole or any part of any punishment imposed on any person for any such offence or of any penalty or forfeiture otherwise due to the Crown on account of any such offence. (2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of such Minister as may from time to time be designated by the Governor-General, acting in accordance with the advice of the Prime Minister. Committee on Prerogative of Mercy. 67.- (1) There shall be for Saint Christopher and Nevis an Advisory Committee on the Prerogative of Mercy (hereinafter in this section referred to as the Committee) which shall consist ofa) the Minister for the time being designated under section 66(2), who shall be chairman; b) the Attorney-General; and c) not less than three nor more than four other members appointed by the Governor-General. (2) A member of the Committee appointed under subsection (1)(c) shall hold his seat thereon for such period as may be specified by the Governor-General at the time of his appointment: Provided that his seat shall become vacanta) in the case of a person who was a Minister when he was appointed, if he ceases to be a Minister; or http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
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Constitution St-Kitts-Nevis - ICRC

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