The exercise of prosecutorial discretion and its impact on the administration of criminal justice in Uganda

Abstract

This research appraises the exercise of prosecutorial discretion and its effect on the administration of criminal justice in Uganda. The main objective of the research was to examine the concept of prosecutorial discretion and to analyze the intricacies surrounding its exercise in Uganda. The researcher inquired into the historical foundations of prosecutorial discretion, the challenges encountered in its exercise, the importance of prosecutorial discretion, the impact brought about by its exercise and the best practices for the exercise of prosecutorial discretion. The qualitative research design was adopted and the research population was primarily prosecutors, advocates in private practice, judicial officers, investigative police officers, witnesses in criminal trials and accused persons. The purposive or judgmental sampling technique was used to select prosecutors, judicial officers and advocates in private practice while the simple random sampling technique was employed in selecting the accused persons who participated in the research. In Uganda, the primary mandate to prosecute all criminal cases is vested in the ODPP. The ODPP is vested with the mandate to; direct the police to investigate any information of a criminal nature and to report to him or her expeditiously, to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial, to take over and carry on any proceedings of the criminal nature instituted by any other person or authority, to withdraw at any stage before judgment is delivered any criminal proceedings instituted by himself or herself or any other person or authority. The DPP is however constrained from discontinuing proceedings instituted by any other person without prior consent of court. The key findings of the research reveal that prosecutorial discretion is crucial to the administration of criminal justice as it guarantees and validates the independence of the prosecutor. The research further finds that Ugandan prosecutors have enormous discretionary powers which are susceptible to abuse and were indeed abused. It therefore concludes that the existing legal thresholds meant to check the exercise of prosecutorial discretion in Uganda are inadequate. As a consequence, it recommends, inter alia that there is a dire need to buttress the existing legal thresholds through formulation of prosecutorial guidelines for proper checks on the prosecutorial powers among others.