14. OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Transcription

1 14. OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS 14.1 The (ODPP) which has been established under Section 72(1) of the Constitution, operates as a separate office distinct from the Attorney-General s Office as from 1 July It now has its own establishment and organisational structure, and is in the process of reorganisation to better deliver its services The vision of the ODPP is to be recognised as a high calibre Prosecution Office capable of meeting and exceeding the expectations of society for a fair, efficient and innovative legal system. Its mission is to provide prosecution services, legal advice and litigation support of high standard, without fear or favour The Director of Public Prosecutions (DPP) has the powers, in any case in which he considers it desirable to do so, to institute and undertake criminal proceedings before any Court of Law; take over and continue any such criminal proceedings that may have been instituted by any other person or authority; discontinue at any state before judgement is delivered any such criminal proceedings instituted by himself or any other person or authority The DPP, supported by a number of Law Officers, advises on major criminal cases, represents the State in major criminal matters before the Courts. He also tenders advice to the various Law Enforcement Agencies in respect of the conduct of enquiry whenever such requests are made. The DPP exercises its functions in full independence and is not subject to the direction or control of any other person or authority. The powers vested in the DPP may be exercised by him in person or through other persons acting with his general or specific instructions At present, the structure of the Office of the DPP comprises, besides the Director of Public Prosecutions, the following grades: Deputy Director of Public Prosecutions, Senior Assistant Director of Public Prosecutions, Assistant Director of Public Prosecutions and other officers of the State Attorney cadre and State Counsel cadre at the professional level. The Legal Research Officer and officers of the Legal Assistant cadre provide for the necessary back up at the technical/administrative support levels In this Report, we are maintaining the structure of the office of the DPP. Asset Forfeiture Unit 14.7 The Asset Forfeiture Unit which has been set up within the Office of the Director of Public Prosecutions aims at forfeiting tainted assets derived from criminal activities. The Director of Public Prosecutions has been designated as the enforcement authority. At present, the Asset Forfeiture Unit is manned by officers in the grades of Crime Analyst, Enforcement Manager and Forensic Accountant. ~53~ Pay Review 2013

2 14.8 With a view to inducing officers with the right competencies to serve at the Office of the DPP, provision of flexibility of posting exists at certain levels, to allow for the interchangeability and transferability of officers at the professional level within the Magistracy, the Attorney-General s Office and that of the Office of the DPP. Recruitment and Retention at the 14.9 In order to attract and recruit officers of the right profile and calibre and to retain experienced officers in the grades of State Counsel and State Attorney, at present, a negotiable entry point has been granted to new entrants in the latter grades, subject to the decision of the High Powered Committee and approval of the Ministry of Civil Service and Administrative Reforms. We are maintaining the present arrangement. Recommendation We recommend that the Ministry of Civil Service and Administrative Reforms may, subject to the decision of the High Powered Committee, continue to approve the higher salary point for new entrants in the grade of State Counsel and State Attorney, based on the qualification and experience of recruits, and such adjustments in salary as may be required for officers in post. Special Legal Service Allowance With a view to retaining the services of Legal Officers who tend to leave the service after acquiring some years of experience at the Office of the DPP, a monthly Special Legal Service Allowance is presently paid to them. With a view to curtailing the high turn-over rate at the Office of the DPP, we are maintaining the allowance and revising the quantum in terms of the set percentage. Recommendation We recommend, with effect from 01 January 2013 and up to the next overall Review of Pay and Grading Structures and Conditions of Service in the Public Sector, the continued payment of a monthly Special Legal Service Allowance to Legal Officers as specified in the table below: Grades State Counsels and State Attorneys reckoning at least 10 years service in their respective grades and Senior State Counsels and Senior State Attorneys Special Legal Service Allowance (% of monthly salary) 7 Pay Review 2013 ~54~

3 Grades Principal State Counsels, Principal State Attorneys, Assistant DPP, Deputy Chief State Attorney, Senior Assistant DPP, Chief State Attorney Deputy Director of Public Prosecutions and Director of Public Prosecutions Special Legal Service Allowance (% of monthly salary) The above recommendation is made on the understanding that no additional remuneration, over and above the recommended packages will be considered until the next PRB Review. Judicial and Legal Allowance In order to provide for assistance towards meeting the cost for certain items of expenditure related to the exercise of their profession, Judicial and Legal Officers are entitled to an all-inclusive yearly Judicial and Legal Allowance which, at present, at the is as follows: Rs for the Director of Public Prosecutions and the Deputy Director of Public Prosecutions; and Rs for officers in the grades of the Chief State Attorney, Senior Assistant Director of Public Prosecutions, Assistant Director of Public Prosecutions, Deputy Chief State Attorney, Principal State Counsel, Principal State Attorney, Senior State Counsel and Senior State Attorney, State Counsel and State Attorney In this Report, we are maintaining the payment of the allowance and revising the quantum. Recommendation We recommend that the current yearly Judicial and Legal Allowance payable to officers of the Legal cadre at the Office of the Director of Public Prosecutions be revised as follows: from Rs to Rs for the Director of Public Prosecutions and the Deputy Director of Public Prosecutions; and from Rs to Rs for officers in the grades of the Chief State Attorney, Senior Assistant Director of Public Prosecutions, Assistant Director of Public Prosecutions, Deputy Chief State Attorney, Principal State Counsel, Principal State Attorney, Senior State Counsel and Senior State Attorney, State Counsel and State Attorney. ~55~ Pay Review 2013

4 Housing Allowance At present, the Director of Public Prosecutions is entitled, on a personal basis, to (i) the retirement benefits accruing to Judges; and (ii) the monthly pensionable Housing Allowance of Rs meant to cover both the extra expenses for housing facilities and security measures, along similar lines as those recommended for the Senior Puisne Judge and the Puisne Judges of the Supreme Court In this Report, we are maintaining the payment of the allowance and revising the quantum. Recommendation We recommend that the present Director of Public Prosecutions, continues to be paid on a personal basis (i) a monthly pensionable Housing Allowance of Rs to cover both the extra expenses for housing facilities and security measures; and (ii) that he continues to be eligible to the retirement benefits accruing to Judges. Black Jacket Allowance Officers of the Legal Assistant cadre who are required by the rules of the Court to appear in black jacket and tie are paid an allowance of Rs 4000 yearly. We are maintaining the payment of the allowance and revising the quantum. Recommendation We recommend that the allowance for black jacket and tie be revised to Rs OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS SALARY SCHEDULE Salary Code Salary Scale and Grade Rs Director of Public Prosecutions Rs Deputy Director of Public Prosecutions Rs Chief State Attorney Senior Assistant Director of Public Prosecutions Pay Review 2013 ~56~

5 Salary Code Salary Scale and Grade Rs Assistant Director of Public Prosecutions Deputy Chief State Attorney Rs x x x Legal Administrator Principal State Attorney Principal State Counsel Rs x x Senior State Attorney Senior State Counsel Rs x x x State Attorney Rs x x x Legal Research Officer State Counsel Rs x x x x Enforcement Manager Rs x x x x Principal Legal Assistant Rs x x Senior Legal Assistant Rs x x x x x x Legal Assistant Rs x Trainee Legal Assistant ~57~ Pay Review 2013

6 Salary Code Salary Scale and Grade OTHER GRADES Rs x x x x Forensic Accountant Rs x x x x Crime Analyst Rs 9750 x x x x x Receptionist/Telephone Operator Rs x x x x Driver Rs 8275 x x x Handy Worker ********** Pay Review 2013 ~58~