Prosecution Main Functions
Section 10 (1) (f) of the Corrupt Practices Act mandates the Prosecutions Department to prosecute any offence under the Act subject to the directions of the Director of Public Prosecutions.
Section 42 (2) states that where under subsection (1) the Director of Public Prosecutions withholds consent to any prosecution under this Act, he shall:
- provide to the Director reasons in writing, devoid of any consideration other than those of fact and the law, for the withholding of the consent; and
- In addition to providing reasons to the Director, inform the Legal Affairs committee of his decision within thirty days of the decision.
- The Director of Public Prosecutions shall give consent under subsection (1), or reasons in writing under subsection (2)(a), as the case may be, within thirty days, failing which the Director shall be entitled to proceed as if consent to prosecute had been given under subsection(1)