DPP Chambers launches Code of Conduct for local prosecutors

The Office of the Director of Public Prosecutions (DDP) on Tuesday launched the country’s very first Code of Conduct for public prosecutors in an effort to guide them in securing more convictions.

Some of the public prosecutors at Tuesday’s launching of the Code for Prosecutors

‘The Code for Prosecutors’ is aimed at improving consistency in decision-making among prosecutors, guiding them on general principles to be applied when making decisions about prosecutions. It also allows for members of the public to understand the basis on which decisions to prosecute are made.
Speaking at the launching of the 27-page document at the Pegasus Hotel, Director of Public Prosecutions Shalimar Ali-Hack posited that the code comes at a time when the Criminal Justice System is undergoing improvements.
To this end, she called on the stakeholders, such as the Guyana Police Force, the Customs Anti-Narcotics Unit (CANU), the Guyana Energy Agency (GEA) and others, to apply the codes when instituting charges so that it can yield convictions. She noted that the focus must never be instituting a large number of cases, but instead on the prosecution rate.
“Prosecutors need to appreciate that the focus must be on completing investigations in a timely manner before instituting charges; institute solid cases which will yield in convictions and encourage persons to pled guilty,” she asserted.
“My challenge today to the Police and other persons who institute charges, is to follow this recipe and let us improve the whole criminal justice system in Guyana. This is the foundation upon which the criminal justice system rests – completely investigations, quality investigations, charge when you have sufficient evidence to provide a realistic prospect of conviction. If not, we will continue to wallow in an over-burden system, overcrowded prison and low conviction rate. This is our criminal justice system and it is for us to fix it”, the DPP stated.
Acknowledging the charge, Deputy Police Commissioner Paul Williams welcomed the prosecutorial guidelines, while committing to ensuring that they are adopted by the Police Force.
“We must get our investigators involved, it is important that they understand what it is as it relates to this code for prosecutors… We work along with several other agencies… and they look forward for us to set that example and lead them in several matters. Therefore, it is mandatory and not without a discretion that the Guyana Police Force must embark on ensuring that this Code For Prosecutors find itself parallel with investigators,” Williams contended.
Meanwhile, acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, sought to remind prosecutors of the tremendous power and discretion they hold, adding that the latter must be exercised in a consistent, fair, objective and transparent manner so that their decisions cannot be questioned.
“Today, prosecutors are on a better footing with the promulgation or the launch of this code. With this code we have the necessary guiding principles to discharge responsibilities in the decision-making process… Indeed, the bar has been raised, hence, frivolous and vexatious charges and cases with weak or insufficient evidence will not find their way in our courtrooms. Cases coming before the court, will now have a realistic prospect of conviction,” the Chancellor stated.
She added too that reduction in case backlogs and the prison population are also direct benefits that will be derived from the application of the Code For Prosecutors.
On the other hand, Prime Minister Moses Nagamootoo, in delivering remarks at the launching ceremony, underscored to prosecutors that their duty is not to get convictions but to ensure justice is served. To this end, he urged that more be done to ensure that prosecutors are educated on the code.
“I wish we can have this code as a basis for an education programme for prosecutors, for Policemen… Have in house sessions, not only to launch the code, but to educate the practitioners in the court system on the importance of the code,” the Prime Minister posited.
The formulation of the code was done in collaboration with the United Nations Office on Drugs and Crime (UNODC) in Guyana. It was drafted by English Attorney David Robinson. The project was funded by the UNODC and United Nations country representative, Mikiko Tanaka, lauded Guyana for introducing the code.
The Code of Conduct for Prosecutors includes guidelines for the application of the code; the role and ethics of prosecutors; the decision on whether to prosecute as well as selection of charges among others.