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the draft constitution of the commonwealth of grenada

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168. The Director <strong>of</strong> Public Prosecutions shall be<br />

removed from <strong>of</strong>fice by <strong>the</strong> President if <strong>the</strong> question <strong>of</strong> his or her<br />

removal has been referred to a tribunal appointed by <strong>the</strong> President<br />

and <strong>the</strong> tribunal has recommended to <strong>the</strong> President that he or she<br />

ought to be removed for inability as aforesaid or for misbehaviour.<br />

Appointment <strong>of</strong><br />

tribunal<br />

Suspension <strong>of</strong><br />

Director<br />

Powers <strong>of</strong> <strong>the</strong> Director<br />

<strong>of</strong> Public Prosecutions<br />

169. If <strong>the</strong> Prime Minister or <strong>the</strong> Chairman <strong>of</strong> <strong>the</strong> Judicial<br />

and Legal Services Commission represents to <strong>the</strong> President that<br />

<strong>the</strong>re are credible grounds for investigating whe<strong>the</strong>r <strong>the</strong> Director <strong>of</strong><br />

Public Prosecution ought to be removed from <strong>of</strong>fice, <strong>the</strong>n<br />

(a) <strong>the</strong> President shall appoint a tribunal which shall<br />

consist <strong>of</strong> a Chairman and not less than two o<strong>the</strong>r<br />

members, selected by <strong>the</strong> Chief Justice from among<br />

persons who hold or have held <strong>of</strong>fice as a judge <strong>of</strong> a<br />

court having unlimited jurisdiction in civil and<br />

criminal matters in some part <strong>of</strong> <strong>the</strong> Commonwealth<br />

Caribbean or a court having jurisdiction in appeals<br />

from such a court; and<br />

(b) <strong>the</strong> tribunal shall enquire into <strong>the</strong> matter and report<br />

on <strong>the</strong> facts <strong>the</strong>re<strong>of</strong> to <strong>the</strong> President and recommend<br />

to him or her whe<strong>the</strong>r <strong>the</strong> Director <strong>of</strong> Public<br />

Prosecutions ought to be removed under this<br />

section.<br />

170. If <strong>the</strong> question <strong>of</strong> removing <strong>the</strong> Director <strong>of</strong> Public<br />

Prosecutions has been referred to a tribunal under this section, <strong>the</strong><br />

President, acting on <strong>the</strong> recommendation <strong>of</strong> <strong>the</strong> Judicial and Legal<br />

Services Commission, may suspend <strong>the</strong> Director <strong>of</strong> Public<br />

Prosecutions from performing <strong>the</strong> functions <strong>of</strong> <strong>the</strong> <strong>of</strong>fice and any<br />

such suspension may at any time be revoked by <strong>the</strong> President,<br />

acting on <strong>the</strong> recommendation as aforesaid, and shall in any case<br />

cease to have effect if <strong>the</strong> tribunal recommends to <strong>the</strong> President<br />

that <strong>the</strong> Director <strong>of</strong> Public Prosecutions should not be removed<br />

from <strong>of</strong>fice.<br />

171.(1) The Director <strong>of</strong> Public Prosecutions has power, in<br />

any case in which he or she considers it desirable to do so,<br />

(a) to institute and undertake criminal<br />

proceedings against any person before any<br />

court o<strong>the</strong>r than a court-martial in respect <strong>of</strong><br />

any <strong>of</strong>fence;<br />

(b) to take over and continue any such criminal<br />

proceedings that may have been instituted by<br />

(c)<br />

any o<strong>the</strong>r person or authority; and<br />

to discontinue at any stage before judgment<br />

is delivered any such criminal proceedings<br />

instituted or undertaken by <strong>the</strong> Director or<br />

any o<strong>the</strong>r person or authority.<br />

(2) The powers <strong>of</strong> <strong>the</strong> Director <strong>of</strong> Public Prosecutions<br />

may be exercised by him or her in person or through o<strong>the</strong>r persons<br />

90

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