Page 287 - Magistrates Conference 2019

Who Should Lead the Prosecution?

• In absence of any decision especially where it may be necessary to

safeguard the administration of justice, Magistrate should consider the

following:

 Is the Director of Public Prosecutions present?

 Which Agency was responsible for interdiction and investigation?

“Finders Keepers”

 Which agency is represented by counsel?

 Is there any agreement between the agencies as to which will lead the

prosecution?

 Was the customs offence made out and other offences not?

 Where custom offences and other offences have all been made?

 In applying the above considerations, the Magistrate must be careful
to guide the Prosecution to a decision rather than substitute its own

decision for that of the Prosecution.