DIRECTOR OF PUBLIC PROSECUTIONS (DPP)
Is the office or official charged with the prosecution of criminal offences in several criminal
jurisdictions around the world. The title is used mainly in jurisdictions that are or have been
members of the Commonwealth of Nations.
A prosecutor is a legal representative of the prosecution in states with either the common law
adversarial system or the civil law inquisitorial system. The prosecution is the legal party
responsible for presenting the case in a criminal trial against the defendant, an individual
accused of breaking the law. Typically, the prosecutor represents the state or the government
in the case brought against the accused person.
Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable
legal professionals by the court in which they are acting. This may mean they have
been admitted to the bar, or obtained a comparable qualification where available - such
as solicitor advocates in England and Wales.
They become involved in a criminal case once a suspect has been identified and charges need
to be filed. They are employed by an office of the government, with safeguards in place to
ensure such an office can successfully pursue the prosecution of government officials.
Multiple offices exist in a single country, especially in those countries with federal
governments where sovereignty has been bifurcated or devolved in some way.
DIRECTORS OF PUBLIC PROSECUTIONS
In most Commonwealth Nations, the head of the prosecuting authority is known as the
director of public prosecutions (DPP) and is appointed, not elected. A DPP may be subject to
varying degrees of control by the attorney general, a formal written directive which must be
published.
In Tanzania the Offices of the Director of Public Prosecutions institute prosecutions for
indictable offences on behalf of the Crown. At least in the case of very serious matters, the
DPP will be asked by the police, during the course of the investigation, to advise them on
sufficiency of evidence, and may well be asked to prepare an application to the relevant court
for search, listening device or telecommunications interception warrants.
In Tanzania, the authority to investigate is primarily vested on the Tanzania Police
Force as provided under section 5 of the Police Force and Auxiliary Services Act, Cap
322.Apart from the police, there other public authorities with powers to investigate specific
offences related to their occupations. However, this paper discusses the collaboration of
Police investigator and prosecutor only.
The Criminal Procedure Act, [Cap 20 Revised Edition of 2002] gives the police general
Powers of criminal investigation. These powers include: arrest and search, with or without
Warrant, interviewing and recording the statements of suspects, remand and commitment,
Escape and recapture of fugitives and any other powers of law enforcement. These powers
Are set out in Part II sections 5 to 69 of the CPA.
The duty of the investigator (the police in particular) is to assist the prosecutor
More recent constitutions, such as South Africa’s, tend to guarantee the independence and
impartiality of the DPP.
A solicitor general or solicitor-general, in common law countries, is usually a legal officer
who is the chief representative of a regional or national government in courtroom
proceedings. In systems that have an attorney-general (or equivalent position), the solicitor
general is often the second-ranked law officer of the state and a deputy of the attorney-
general. The extent to which a solicitor general actually provides legal advice to or represents
the government in court varies from jurisdiction to jurisdiction, and sometimes between
individual office holders in the same jurisdiction.
The Solicitor-General is the Chief Executive Officer of the Office of the Solicitor-General
and he is the overall supervisor of the Deputy Government Solicitor General, Law Officers,
State Attorneys and Legal Officers within the Office of the Solicitor general. The functions of
the Solicitor-General are stated in the Instrument establishing his office, namely:-
Take and conduct civil litigation (including human rights and constitutional matters) and
arbitration on behalf of the Government and for that purpose, direct Law Officers, State
Attorneys and Legal Officers who conduct civil litigation or arbitration proceedings;
Coordinate civil litigation (including human rights and constitutional matters) in the courts of
law and arbitrary tribunals on matters to which the Central Government, independent
department executive agency or local government is a party or has interest;
Prepare and institute suits, claims in subordinate courts, the High Court, the Court of Appeal
and arbitrary tribunals in that behalf;
Carry out the general supervision of Law Officers, State Attorneys and other officers or staff
appointed, employed or designated for the Office of the Solicitor-General;
Administer legal functions performed by Law Officers, State Attorneys and other Officers or
staff of the Office of the Solicitor-General;
Summon any public officer to give explanation, or information regarding any matter which is
or likely to be the subject of civil litigation or arbitration;
Prepare and submit bi-annual report to the Minister and a copy to the Attorney-General on
matters and duties discharged of functions performed by the Office of the Solicitor-General;
Intervene and take over at any stage civil proceedings, appeal, execution or any incidental
proceedings before any court of law or arbitrary tribunal in which the Central Government,
independent departments, agencies or a local government authorities have interest;
Link with the Regional Office of the Attorney General on civil cases anticipated or instituted
in court against the Government in the respective region;
Issue directives to any public officer performing functions relating to civil litigation’s in
courts of law or arbitrarily tribunals; and
Appoint or employ and discipline Law Officers, State Attorneys and other officers or staff of
the Office of the Solicitor-General.
The Deputy Government Solicitor General is the principal assistant to the Solicitor-General.
The Deputy Solicitor-General is also the Accounting Officer and shall be responsible in
managing day to day affairs and shall be a disciplinary authority of employees appointed or
designated to carry duty within the Office of the Solicitor-General terms of this Order and
laws governing the Public Servic
