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(b)
to take over and continue any such criminal
proceedings that have been instituted or
undertaken by any other person or authority;
and
to discontinue at any stage before judgment is
delivered any such criminal proceedings
instituted or undertaken by himself or any
other person or authority.
(c)
(2) The powers of the Director of Public Prosecutions
under subsection (1) of this section may be exercised by him in person or
through other persons acting under and in accordance with his general or
special instructions.
(3) The powers conferred on the Director of Public
Prosecutions by paragraphs (b) and (c) of subsection (1) 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
and with the leave of the court.
(4) For the purposes of this section, any appeal from a
judgment in 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 (including the Judicial Committee or such other final
appellate court as is referred to in subsection (2) of section 260 of this
Constitution) shall be deemed to be part of those proceedings:
Provided that the power conferred on the Director of Public Prosecution
by paragraph (c) of subsection (1) 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.
Acting.
221. (1) If the office of Director of Public Prosecutions is
vacant, or if the holder of that office is for any reason unable to exercise the
functions of his office the President, acting in accordance with the advice
of the Judicial and Legal Services Commission, may appoint a person to
act as Director of Public Prosecutions if that person is qualified to hold the
office of Director of Public Prosecutions.
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