Section 46: Public Prosecutions.

(1) Notwithstanding the provisions of section 44 and 45 when a Director of Public Prosecutions shall have been appointed, he 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 the law of Sierra Leone; b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and c. to discontinue at any stage before judgment is delivered any such criminal proceedings. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) 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 paragraph 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. (3) In the exercise of the powers conferred upon him by his section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. (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 purposes of any such proceedings, to any other court shall be deemed part of those proceedings. (5) Until an appointment is made to the office of Director of Public Prosecutions the powers conferred upon the Director Public Prosecutions by this section shall be exercised by the Attorney-General. PREVIOUS ACQUITTAL OR CONVICTION