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Legal Affairs Division

Overview

NPA’s conviction rate is higher than 80% across the board and this indicates the level of effectiveness of the organisation. The Legal Affairs Division (LAD) is the civil litigation unit within the NPA. The unit defends the NPA, NDPP, DPP and Prosecutors against malicious prosecutions claims, delictual claims and incidental matters that fall outside the criminal prosecutorial space and are civil in nature. This means that the division is tasked with dealing with matters that arise against the NPA or its officials, with mostly compensation for malicious prosecution and unlawful detention.

In addition to this the LAD offers support to other business units within the NPA and stakeholders within the Criminal justice Cluster, by providing advice and opinions, consultative and operational assistance when called upon to do so, and works collaboratively with other government departments when requested or when the need arises.

The LAD is the interface between the NPA, internal business units, the State Attorney and the courts and plays a fundamental role in coordination, informative advice, monitoring cases and managing civil litigation against the NPA and the NDPP. It is tasked with assisting any the NDPP, the NPA and its officials in civil litigation matters providing progress reports, making settlement recommendations, and providing information about or resolving relevant legal documents for presentation in court.

LAD Purpose and Function

In litigation matters, the LAD considers all supporting information regarding malicious prosecution and unlawful detention claims, makes an informed decisions about the matter and gives Instruction, and advises accordingly. The NPA continues to rely only on the State Attorney as their attorney of record. The LAD, however, continues to actively participate and contribute to running of trial matters to achieve a fair and just outcome, whether it be settlement of a claim or judgement in favour of the NPA or NDPP.

In Application matters that LAD closely considers the legal position and inclusion of the NPA and NDPP, and files informed oppositions or support for applications where the legal principals are worthy of support. In matters where the NPA or NDPP initiate court applications, the goal is always to reach a fair and just conclusion through the mechanism of our courts.

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