Criminal Law

The Dpp Will Head The Office Of Criminal Prosecutions And Litigation – Which Performs In Gibraltar A Role Equivalent To The Crown Prosecution Service In The Uk – On A Day-to-day Basis And Will Carry Out Criminal Law And Litigation Work On Behalf Of The Attorney General.

Criminal Law 

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The GSLP/Liberal manifesto states: “We will seek to appoint a specific office holder to carry responsibility for public prosecutions.” “This is the position in the United Kingdom and in other Overseas Territories and allows the Attorney General to concentrate on advisory work as is the norm in most other Common Law jurisdictions.” In Gibraltar, the position of the DPP has never existed and, in the past, the Attorney General has principally carried out that function. With the appointment of Michael Llamas, QC, as Attorney General in 2015, the Government was committed to bring about the necessary changes so that Gibraltar’s system would more closely replicate that of the United Kingdom. Mr Llamas has been performing a key role in the Government’s Brexit negotiating team persistently forming part of Gibraltar delegations to the UK and Brussels. In such a system, the DPP is in charge of the day-to-day running of the criminal prosecution service under the direction of the Attorney General. This ensures that the Attorney General can concentrate on being the chief legal advisor to the Government. With the creation of the new post, Gibraltar will follow the UK model where the DPP and Attorney General are two separate appointments. The DPP will head the Office of Criminal Prosecutions and Litigation – which performs in Gibraltar a role equivalent to the Crown Prosecution Service in the UK – on a day-to-day basis and will carry out criminal law and litigation work on behalf of the Attorney General. The DPP will also exercise certain elements of the Attorney General’s powers in relation to criminal litigation, such as consenting for certain offences to be prosecuted. The exercise of such powers will be strictly under the direction of the Attorney General and, in accordance with the Constitution, the DPP will be subject to any instructions issued by the Attorney General in that regard. The DPP will not be able to act in any manner contrary to such instructions or in cases where the Attorney General has personally exercised a power or discretion. The Bill sets out that the appointment of the DPP will be carried out by the Gibraltar Government in consultation with the Attorney General.

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