Article 46 Director of Public Prosecutions
There shall be a Director of Public Prosecutions for Montserrat, whose office shall be a public office.
The Director of Public Prosecutions shall have power, in any case in which he or she considers it desirable to do so—
to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in Montserrat;
to take over and continue any such criminal proceedings that have been instituted by any other person or authority; and
to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or herself or by any other person or authority.
The powers of the Director of Public Prosecutions under subsection (2) may be exercised by him or her in person or by officers subordinate to him or her acting under and in accordance with his or her general or special instructions.
The powers conferred on the Director of Public Prosecutions by subsection (2)(b) and (c) shall be vested in him or her to the exclusion of any other person or authority; but where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.
In the exercise of the powers conferred on him or her by this section and section 73(2) the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
During any period when the office of Director of Public Prosecutions is vacant, the Attorney-General shall perform the functions of that office.