The Office of the Director of Public Prosecutions was established by the Director of Public Prosecutions Act 1990 ("the Act") to institute, conduct and supervise prosecutions and related proceedings. 

The Act provides that the Office be controlled by the Director, who is an independent statutory officer appointed by the Executive. The Director has the powers mentioned in the Public Sector Management Act 1994, section 152 in relation to the staff assisting the Director, that is to say:

(a) the powers of the head of service relating to the appointment, engagement and employment of people; and

(b) the powers of a director-general.

The Director makes prosecutorial decisions on a professional basis independent of political influence or control. The Director has complete independence in relation to the operations of her Office. 

The Act requires the Director and Attorney General to consult with each other, if required, concerning the functions and powers of the Director. The Attorney General may give directions to the Director, but any such directions must not be given without prior consultation; must be in writing and be presented to the Legislative Assembly; and be of a general nature only and not refer to a specific case.

The Act ensures that the Director's prosecuting role is independent of the police and other investigative agencies. Once a prosecution has been instituted all prosecutorial decisions are made by the Director.

The principal duties of the Director are:

• to institute and conduct prosecutions, both summary and indictable;
• to institute and respond to appeals;