The Cayman Islands (Constitution) (Amendment) Order 1993

Addition of new section 16A to Constitution.

5.  The Constitution shall be amended by the addition, immediately after section 16, of the following new section:

“Powers of Attorney–General.

16A.— (1) The Attorney–General shall have power in any case in which he considers it desirable so to do—

(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in the Islands;

(b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority;

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(2) The powers of the Attorney–General under subsection (1) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.

(3) The powers conferred upon the Attorney–General by subsection (1)(b) and (c) of this section shall be vested in him to the exclusion of any other person or authority;

Provided that 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.

(4) 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:

Provided that the powers conferred on the Attorney–General by subsection (1)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(5) In the exercise of the powers conferred on him by this section, section 23 or section 24 of this Constitution the Attorney– General shall not be subject to the direction or control of any other person or authority.”.