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 2009. It now has its own establishment and organisational structure, and is in the process of reorganisation to better deliver its services. 14.2 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. 14.3 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. 14.4 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. 14.5 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. 14.6 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
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 1 14.10 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 14.11 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 2 14.12 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~
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) 10 15 14.13 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 14.14 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 33500 for the Director of Public Prosecutions and the Deputy Director of Public Prosecutions; and Rs 20000 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. 14.15 In this Report, we are maintaining the payment of the allowance and revising the quantum. Recommendation 3 14.16 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 33500 to Rs 36850 for the Director of Public Prosecutions and the Deputy Director of Public Prosecutions; and from Rs 20000 to Rs 22000 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
Housing Allowance 14.17 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 10000 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. 14.18 In this Report, we are maintaining the payment of the allowance and revising the quantum. Recommendation 4 14.19 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 11000 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 14.20 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 5 14.21 We recommend that the allowance for black jacket and tie be revised to Rs 4400. OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS SALARY SCHEDULE Salary Code Salary Scale and Grade 12 00 97 Rs 156000 Director of Public Prosecutions 12 00 95 Rs 132000 Deputy Director of Public Prosecutions 12 00 93 Rs 111000 Chief State Attorney Senior Assistant Director of Public Prosecutions Pay Review 2013 ~56~
Salary Code Salary Scale and Grade 12 00 90 Rs 102000 Assistant Director of Public Prosecutions Deputy Chief State Attorney 12 71 82 Rs 54600 x 1500 57600 x 1800 68400 x 2400 75600 Legal Administrator Principal State Attorney Principal State Counsel 12 64 77 Rs 44100 x 1500 57600 x 1800 64800 Senior State Attorney Senior State Counsel 12 55 71 Rs 32100 x 900 33000 x 1200 36600 x 1500 54600 State Attorney 12 54 71 Rs 31200 x 900 33000 x 1200 36600 x 1500 54600 Legal Research Officer State Counsel 12 43 67 Rs 22500 x 750 28500 x 900 33000 x 1200 36600 x 1500 48600 Enforcement Manager 12 47 60 Rs 25500 x 750 28500 x 900 33000 x 1200 36600 x 1500 38100 Principal Legal Assistant 12 39 56 Rs 19500 x 750 28500 x 900 33000 Senior Legal Assistant 12 24 52 Rs 13400 x 300 14300 x 350 16050 x 450 18300 x 600 19500 x 750 28500 x 900 29400 Legal Assistant 12 16 18 Rs 11250 x 250 11750 Trainee Legal Assistant ~57~ Pay Review 2013
Salary Code Salary Scale and Grade OTHER GRADES 01 47 67 Rs 25500 x 750 28500 x 900 33000 x 1200 36600 x 1500 48600 Forensic Accountant 20 44 67 Rs 23250 x 750 28500 x 900 33000 x 1200 36600 x 1500 48600 Crime Analyst 22 10 39 Rs 9750 x 250 12500 x 300 14300 x 350 16050 x 450 18300 x 600 19500 Receptionist/Telephone Operator 22 11 36 Rs 10000 x 250 12500 x 300 14300 x 350 16050 x 450 17850 Driver 24 04 25 Rs 8275 x 225 8500 x 250 12500 x 300 13700 Handy Worker ********** Pay Review 2013 ~58~