the draft constitution of the commonwealth of grenada

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(b) whose place he or she is acting resumes the duties of that office; or at such earlier time as may be prescribed by the terms of his or her appointment. Retirement of Director Removal of Director from office Removal of Director referred to tribunal Appointment of tribunal Suspension of Director pending report of tribunal 157. The Director of Audit shall vacate the office when he or she attains the prescribed retirement age. 158. A person holding the Office of Director of Audit may be removed from office only for inability to perform the duties of the office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour compromising the integrity of the office, and shall be so removed except in accordance with the provisions of this section. 159. The Director of Audit shall be removed from office by the President if the question of his or her removal from office has been referred to a tribunal appointed under subsection (12) of this section and the tribunal has recommended to the President that he or she ought to be removed for inability as aforesaid or for misbehaviour. 160. If the Prime Minister or the Chairman of the Public Service Commission represents to the satisfaction of the President that there are credible grounds for the removal of the Director of Audit under this section, and that the matter be investigated – (a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth Caribbean or a court having a jurisdiction in appeals from such a court; and (b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether the Director of Audit ought to be removed from office under this section. 161. If the question of removing the Director of Audit from office has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Public Service Commission, may suspend the Director of Audit from the performance of the duties of the office and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the Director of Audit should not be removed from office. 88
CHAPTER XI THE DIRECTOR OF PUBLIC PROSECUTIONS Director of Public Prosecutions Appointment of Director Qualifications for appointment as Director Vacancy in office of Director Director to vacate office Removal of Director from office 162. There shall be an Office of Director of Public Prosecutions, which shall be a public office. 163. The Director of Public Prosecutions shall be appointed by the President by instrument under the Public Seal, acting on the recommendation of the Judicial and Legal Services Commission. 164. A person shall not be qualified to be appointed to hold or to act in the Office of Director of Prosecutions unless– (a) he or she is qualified to practise as an advocate in a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth Caribbean; and (b) he or she has qualified for not less than five years to practise as an advocate or solicitor in such a court. 165. If the Office of Director of Public Prosecutions is vacant or if the Director of Public Prosecutions is for any reason unable to perform the functions of that office, the President, acting on the recommendation of the Judicial and Legal Services Commission, may appoint a person to act as Director of Public Prosecutions; and a person so appointed shall continue to act until (a) the Director resumes those functions; (b) another person is appointed to that office and assumes those functions; or (c) the appointment of the acting Director is revoked by the President acting on the recommendation of the Judicial and Legal Services Commission. 166. The Director of Public Prosecutions shall vacate office (a) at the expiration of his or her term of appointment, beginning on the day of his or her term of appointment, or at such earlier time as may be specified in his or her instrument of appointment; or (b) on attaining the retirement age of sixty-seven years, whichever of those events occurs earlier. 167. A person holding the Office of Director of Public Prosecutions may be removed from office only for inability to perform the functions of the office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. Referral of removal of Director to tribunal 89
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THE DRAFT CONSTITUTION OF THE COMMO
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(d) (e) (f) (g) (h) (i) freedom in
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(b) a culpable omission by him or h
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(8) A person who is tried for a cri
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(c) (d) (e) (f) (g) (h) (i) (j) for
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the purpose of giving effect to the
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(c) (iv) regulating the administrat
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(h) (iii) (iv) (v) to be detained i
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(d) for the transfer between Grenad
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(3) Within three days of the making
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attorney-at-law shall be permitted
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(2) References in sections 13, 14,
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CHAPTER III HEAD OF STATE - THE PRE
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Page 65 and 66: Oath of Allegiance and the Oath of
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Page 89 and 90: Prisons to assist the Commissioner
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the draft constitution of the commonwealth of grenada

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