Constitution of Uganda / Article 120 Director of Public Prosecutions
Director of Public Prosecutions
120.Director of Public Prosecutions
(1)There shall be a Director of Public Prosecutions appointed by the President on the recommendation of the Public Service Commission and with the approval of Parliament.
(2)A person is not qualified to be appointed Director of Public Prosecutions unless he or she is qualified to be appointed a judge of the High Court.
(3)The functions of the Director of Public Prosecutions are the following—
(a)to direct the police to investigate any information of a criminal nature and to report to him or her expeditiously;
(b)to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial;
(c)to take over and continue any criminal proceedings instituted by any other person or authority;
(d)to discontinue at any stage before judgment is delivered, any criminal proceedings to which this Article relates, instituted by himself or herself or any other person or authority; except that the Director of Public Prosecutions shall not discontinue any proceedings commenced by another person or authority except with the consent of the court.
(4)The functions conferred on the Director of Public Prosecutions under clause (3) of this Article—
(a)may, in the case of the functions under clause (3)(a), (b) and (c) of this Article, be exercised by him or her in person or by officers authorised by him or her in accordance with general or specified instructions; and
(b)shall, in the case of the functions under paragraph (d) of that clause, be exercised by him or her exclusively.
(5)In exercising his or her powers under this Article, the Director of Public Prosecutions shall have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process.
(6)In the exercise of the functions conferred on him or her by this Article, the Director of Public Prosecutions shall not be subject to the direction or control of any person or authority.
(7)The Director of Public Prosecutions shall have the same terms and conditions of service as those of a High Court judge.