The role of the Public Prosecutor
In prosecuting matters, the Public Prosecutor acts on behalf of the community. The Public Prosecutor is designated under the Constitution of the Republic of Vanuatu as a position independent of government. The powers of the Public Prosecutor are set out in the Public Prosecutor’s Act [CAP 293] which commenced operation on 4 August 2003.
Prosecutors must always act with fairness and detachment with the objectives of establishing the whole truth and ensuring a fair trial.
Although the Office does not have clients as such, in performing its functions the Office works closely with the Courts, the legal profession, police and other investigators, victim's representatives and other government agencies. The Public Prosecutor must also ensure appropriate consideration is given to the concerns of victims of crime.
Our role in the justice system begins after the police conduct an investigation, and provide the OPP with evidence. The Prosecutor will then decide whether they will commence a prosecution and file charges with the court. While the Public Prosecutor does not have involvement in the investigation, prosecutors will often provide police with advice during the investigative process to ensure that all processes are conducted fairly and legally. In summary, the OPP:
- decides which cases should be prosecuted;
- determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations;
- prepares cases and presents them at court; and
- provides information, assistance and support to victims and prosecution witnesses.
