The constitutional powers of the Director of Public Prosecutions (DPP) appear to be under attack in the Administration of Justice (Indictable Proceedings) Bill.This was the statement made by Independent senator Elton Prescott, SC, during his contribution to the debate on the bill in the Senate yesterday.Prescott noted that although the bill acknowledged the power of the DPP to file an indictment against a person to be put on trial, it later raised concerns when it states the court being satisfied that a case has been made out is empowered to order the accused be put on trial.
"It says the Master (of the High Court) is empowered to order that the accused be put on trial, even in circumstances where the DPP has not himself acted to prefer an indictment," he said."I am concerned, unless I have missed the point that that is the whittling away of the constitutional powers of the DPP.
