Why talk about a Director of Public Prosecutions (DPP) — and how this compares with the Attorney General (AG)?

By Nalinda Indatissa, President’s Counsel.

In every country, someone must decide who should be taken to court for a crime. These decisions must be fair, careful, and free from political influence.

In Sri Lanka, prosecutions have been handled for centuries by the Attorney General (AG). A common complaint against AG is that instructions take an unreasonably long time to come to court, prosecution quality is poor, witnesses and evidence is not available by the time some prosecutions are taken up for trial and time of court is wasted by flogging dead horses. Attorney General’s department blames it on Lack of staff and non availability of modern technology, facilities and systems. These delays keep people worried and unsure of what will happen.

Some people also believe the AG’s role does not “feel” fully independent. This is because the AG both advises the Government and also decides whom to prosecute. So there is a public feeling that politics may sometimes come into the picture, even if the AG acts honestly. Because of these concerns, many people have asked whether Sri Lanka should create a DPP or simply improve the AG’s office.
A DPP is meant to make prosecution work more independent, more efficient, and more transparent. The DPP uses written rules to decide when to charge someone, when not to charge, when to stop a case, and when a plea deal may be acceptable. This turns prosecution from a “black box” into a “rule-based system.” A “black box” means people outside cannot see what is happening or why decisions are made. A “rule-based system” means there are clear, public rules, and everyone can understand the reasons.
In the UK and other countries, prosecutors always ask two simple questions: first, whether there is enough evidence — meaning whether there is a real chance a court will convict — and second, whether it is in the public interest to prosecute — meaning whether taking the case to court helps society, or whether another fair solution is better. This is called the public interest test. It is written down clearly and is open to the public.

The Attorney General in Sri Lanka also uses judgment and discretion. Courts have said the AG’s power is not unlimited and must be fair and lawful. But our rules are not always clearly written, published, or easy for the public to read. A DPP system tries to make these rules clearer and more visible.
In many countries, the DPP must also give annual reports to Parliament. This allows Parliament to see how many cases were filed, how decisions were made, whether rules were followed, and how money was used. At the same time, the Attorney General often answers questions in Parliament about the work of the prosecution service. This does not create confusing double control. Instead, the DPP follows the rules, Parliament checks whether rules are being followed, and the Attorney General explains matters to Parliament but does not direct individual DPP cases. This creates openness without political interference.

In many countries, trying to interfere with prosecutors is taken very seriously, and in some places it can even be an offence. Including such a rule in Sri Lanka would help because it sends a strong message that prosecutors must decide cases by law, not by pressure. This can build public trust.

To protect independence further, many countries appoint the DPP through a transparent, merit-based process, give the DPP a fixed term, allow removal only for proven misconduct, and prohibit the DPP from taking another government job immediately after leaving office. These rules help prevent fear, favour, or reward from influencing decisions.
Independence also depends on money and resources.

Many countries give the DPP a separate budget approved by Parliament, power to manage staff, proper technology, and training. If the DPP has too little staff, weak systems, slow methods, or no technology, the same delays and problems found in the AG’s office could still happen. Independence without capacity does not work.

In some countries, AG offices also have financial protections, but sometimes they are closer to the Government budget, which may create pressure.
A very important question is whether the AG can simply be made more rule-guided instead of creating a DPP. The answer is yes. The AG can be guided by published prosecution guidelines, annual reporting, integrity systems, transparency rules, and judicial review for unreasonable decisions. Courts in Sri Lanka have already said that the AG’s power is not absolute and must be fair and based on evidence. So reform is possible even without a DPP.

Still, some countries create a DPP because they want one office focused only on prosecutions, clearer separation from government advice, public rules, and stronger public trust. In the UK, the DPP follows the Code for Crown Prosecutors and Charging Guidance, and people can read these documents online, so decisions do not feel mysterious. But many experts warn that if the DPP is weak, under-staffed, or poorly managed, the same problems return. So the issue is not the name of the office. What matters are rules, people, systems, training, technology, and culture.
Sri Lanka could also make interference with the AG’s prosecutorial work an offence. This would help protect independence in both systems. Reform does not depend only on creating a DPP.
The fair conclusion is simple. A DPP can help make prosecution clearer, more open, and more trusted. But a DPP alone is not magic. If there is not enough staff, poor systems, weak planning, or slow technology, delays and mistrust will continue. It is also fully possible to improve the Attorney General’s office with clearer rules, stronger reporting, ethical safeguards, technology, and protection from interference. So the real question is not simply “DPP or AG?” The real question is: how do we make prosecution fair, fast, honest, and independent — whichever model we choose?

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