The Role and Independence of Prosecutors
1
THE ROLE AND INDEPENDENCE OF PROSECUTORS
Paul Mageean, Belfast, Northern Ireland
17th May 2005, Cairo.
I. INTRODUCTION
I would like firstly to thank the organisers of this event for the invitation to speak to you today. I would also like to acknowledge the role of Professor John Jackson from the School of Law in Queens University Belfast. The international sections of this paper draw on his work. I should also like to make clear that I am speaking in my personal capacity today.
This paper will be an attempt to examine some of the key elements which make up properly functioning public prosecution systems with reference to international standards. I also intend to use the experience of public prosecution in Northern Ireland as a way of illustrating the difficulties in marrying the twin themes of independence and accountability. Most of you will know that in Northern Ireland we had between
1969 and the mid 1990s a period of violent conflict. The government chose to respond to the violence primarily through the use of the criminal justice system, and as a consequence, all of the criminal justice agencies including the office of the Director of
Public Prosecutions (DPP) became embroiled in regular complaints about a lack of independence and accountability. As a result of the peace Agreement reached in
Belfast in 1998 we have had a significant program of reform of various aspects of the criminal justice system including, in particular the system of public prosecution. We are on the verge of the establishment of a new office, the Public Prosecution Service. I intend using some examples from Northern Ireland during the course of the paper to
2
illustrate the points I am making and also to show to delegates that the task of building independent and accountable public prosecution offices is not something which is just confined to the Arab world.
One of the difficulties in speaking about the role of prosecutors in an international context is
THE ROLE AND INDEPENDENCE OF PROSECUTORS
Paul Mageean, Belfast, Northern Ireland
17th May 2005, Cairo.
I. INTRODUCTION
I would like firstly to thank the organisers of this event for the invitation to speak to you today. I would also like to acknowledge the role of Professor John Jackson from the School of Law in Queens University Belfast. The international sections of this paper draw on his work. I should also like to make clear that I am speaking in my personal capacity today.
This paper will be an attempt to examine some of the key elements which make up properly functioning public prosecution systems with reference to international standards. I also intend to use the experience of public prosecution in Northern Ireland as a way of illustrating the difficulties in marrying the twin themes of independence and accountability. Most of you will know that in Northern Ireland we had between
1969 and the mid 1990s a period of violent conflict. The government chose to respond to the violence primarily through the use of the criminal justice system, and as a consequence, all of the criminal justice agencies including the office of the Director of
Public Prosecutions (DPP) became embroiled in regular complaints about a lack of independence and accountability. As a result of the peace Agreement reached in
Belfast in 1998 we have had a significant program of reform of various aspects of the criminal justice system including, in particular the system of public prosecution. We are on the verge of the establishment of a new office, the Public Prosecution Service. I intend using some examples from Northern Ireland during the course of the paper to
2
illustrate the points I am making and also to show to delegates that the task of building independent and accountable public prosecution offices is not something which is just confined to the Arab world.
One of the difficulties in speaking about the role of prosecutors in an international context is