08th September 2023.
Kampala, Uganda – In a significant development for the realm of justice and criminal law, Director of Public Prosecutions (DPP) Jane Frances Abodo introduced the “Decision to Charge Guidelines” on September 7th, 2023. These guidelines have been designed for prosecutors, providing clear direction in the administration of criminal justice, particularly in the crucial exercise of their prosecutorial responsibilities.
The Decision to Charge Guidelines encompass a wide array of facets intrinsic to the charging process. They furnish prosecutors with a structured framework to navigate their roles responsibly. This includes the provision of essential information and materials for charging, the meticulous examination required before preferring charges, specific case types necessitating Prosecution-Guided Investigations, and a well-balanced bail framework.
Furthermore, the guidelines place a strong emphasis on the imperative need for disclosure, effective post-charge case management, and the meticulous prosecution of cases in court. Regular progression and review of cases are endorsed to ensure expeditious proceedings. Moreover, they provide guidance on the withdrawal of cases and offer alternatives for case disposition outside the courtroom. In the age of digital transformation, the guidelines facilitate a seamless transition from manual case management to contemporary digital systems.
Director Jane Frances Abodo delivered a heartfelt message during the guidelines’ launch, underlining the profound impact of prosecutors on the criminal justice system. She noted, “The decision to charge, and consequently to prosecute, is a solemn undertaking with far-reaching consequences, touching the lives of suspects, victims, witnesses, and the community at large. It must be approached with the highest degree of care and diligence.” Abodo reiterated the necessity for prosecutors to conduct an impartial and independent analysis of every case presented to them for a charging decision.
These guidelines emphasize the standardization of prosecutorial decisions, ensuring uniformity in the application of justice. Director Abodo highlighted the guidelines’ alignment with the Office of the Director of Public Prosecutions’ (ODPP) constitutional mandate, bestowed by Article 120, which empowers the ODPP to initiate criminal proceedings in any court with the requisite jurisdiction, excluding court martial.
The launch of the Decision to Charge Guidelines signifies a significant stride towards a more equitable and transparent criminal justice system. It empowers prosecutors with the tools they need to execute their responsibilities conscientiously and responsibly. This initiative reflects the unwavering commitment to ensuring justice for all stakeholders involved in criminal cases.
