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Abstract

As was demonstrated in the previous chapter, the Attorney General in Cyprus is entrusted with the overall control of, and responsibility for, all prosecutions. However, the exact parameters of his role have not been specified in detail in terms of the categories of cases that he is closely dealing with, the specific powers that he is enabled to exercise regarding them, or the criteria that he applies. This chapter investigates the first of these issues,1 namely the workload of the Attorney General’s Office. Is the role of the Office confined to the prosecution of serious or exceptional cases? Or does the Law Office have a more systematic involvement in the bulk of prosecutions within the system? And what is its role in relation to the police who also occupy a significant place in prosecutions? This chapter attempts to make sense of which cases the Law Office is supposed to deal with; and which cases actually end up at the Law Office. It also throws light on the reasons behind this reality and examines how Law Officers themselves see and reflect on these issues.

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Notes

  1. 1.

    The second issue (powers of the Attorney General especially during investigations) and the third one (formulation of prosecution policies and criteria) are discussed in Chaps 5 and 6, respectively.

  2. 2.

    Until the time of my main fieldwork. The sixth Attorney General of the Republic is Mr Petros Clerides. See also Footnote 39.

  3. 3.

    See Appendix 1 for a detailed chapter on my research strategies and methodology.

  4. 4.

    See McBarnet (1981a, b) and McConville et al. (1991).

  5. 5.

    This is a similar position to the powers of the DPP in Northern Ireland before the reform of the Justice (Northern Ireland) Act 2002. Article 5(1)(c) of the 1972 Prosecution of Offenders Order provided that it shall be the function of the DPP “where he thinks proper to initiate, undertake, and carry on behalf of the Crown, proceedings for indictable offences and for such summary offences or classes of summary offences as he considers should be dealt with by him”. For further analysis of the system of prosecutions in Ireland, see Chap. 2.

  6. 6.

    See Chap. 3 for examples.

  7. 7.

    Furthermore, the power to suspend prosecutions – to enter a nolle prosequi – is so central in the rhetoric of the Cyprus prosecution system that almost all the actors in the criminal justice system regard it as “the most important power of the Attorney General’s Office”. From this, someone could conclude that, again, the emphasis in the rhetoric of the system regarding the Attorney General’s role in prosecutions is placed on the “control” function.

  8. 8.

    See Loizou (1972) and Artemis (1989).

  9. 9.

    See Neocleous (2000) and Thoma (2000).

  10. 10.

    See Chap. 2 for further discussion on the English Prosecution System.

  11. 11.

    See Jones (2003).

  12. 12.

    “The present prosecution system in England and Wales, having grown up in an undirected fashion over the centuries, is notoriously ramshackle. At its heart lies the tenet that it is for the citizen to set in motion the criminal law. The state apparatus that of necessity grew up round this increasingly unrealistic idea lacked an accepted rational. Instead we have accustomed ourselves to the fiction that the police, who prosecute in the vast majority of cases, … do so as private persons” (Bennion 1986, pp. 3–4). See however, in Chap. 2, the changes introduced by the Criminal Justice Act 2003.

  13. 13.

    In their book on Criminal Procedure in Cyprus (until recently, the only book on this area in Cyprus) which has been widely used by courts as reference.

  14. 14.

    See also Sanders (1985, p. 6) referring to ex parte Blackburn: “… the common law theory makes a police prosecution, in form, a private prosecution, at least at its inception. Thus, if the police do not wish to prosecute a case they cannot be forced to do so”.

  15. 15.

    See the Canadian case Bisaillon v. Keable and AG of Quebec (1980) 17 C.R. (3d) 193 (Q.C.A.). As the Law Reform Commission of Canada (1990, n. 31) argued:

    ‘In that case the Quebec Court of Appeal distinguished Blackburn on the facts from the situation in Quebec. Mr Justice Turgeon held that the police in England enjoy great autonomy; in Quebec, they were under the Ministry of Justice … who has responsibility for all aspects of the administration of justice in the province. Turgeon also suggested that stricter prosecutorial control in Quebec meant that the decision whether to lay charges in that province lay with the prosecutor’s office rather than with the police. As a result, he held that Blackburn was not applicable in Quebec’.

    See also Stenning (1986) for a discussion on the legal relationship between the police and the public prosecutors in Canada. See also the Report of Patten Commission on policing reform in Northern Ireland where the constabulary independence doctrine was critically analysed (Independent Commission on Policing in Northern Ireland 1999).

  16. 16.

    And similar provisions in the particular Laws that give to other Governmental Departments the right to prosecute.

  17. 17.

    See, however, the changes with the enactment of the Criminal Justice Act 2003 and the introduction of the “statutory charging”.

  18. 18.

    There is another issue that must be addressed. The Greek text of the Cyprus Constitution provides that the Attorney General has the right to “institute, take over, continue or discontinue and order any prosecutions in the Republic”. As Loucaides (1974) states, it could be argued that strictly interpreted, this provision enables the Attorney General to order any Service in the Republic to lay charges against someone, even if they wish not to do so. Therefore, it could be claimed that the relationship of immediate supervision between the Attorney General and the Police (or any other prosecuting service) is indeed based on the Constitution. However, the phrase “order the prosecution” is omitted in the Turkish and English texts of the Constitution as well as in the Draft of the Cyprus Constitution. The Cyprus Constitution was written in three languages: Greek, Turkish, and English. Article 149 of the Constitution provides that any contradiction between the different texts of the Constitution is resolved by the Supreme Court with reference to the Draft of the Constitution which was signed on the 6/4/1960. Therefore, as the same commentator argues, it can be concluded that this provision was introduced in the Greek text per incuriam and has no effect.

  19. 19.

    See particularly Standing Order 3/5, s.7.2 and Standing Order 3/4, s.5 and s.6.3c.

  20. 20.

    However, in discussions I had with other members of the Police Force, the previous view was not supported equally strongly and it was admitted that there was a certain degree of discretion that could be exercised.

  21. 21.

    The head of the second District Police Prosecution Department I interviewed argued that they used to adopt the same tactic.

  22. 22.

    As in any democratic country, in Cyprus, the Parliament has the formal authority to create and reform Laws. Officially the Attorney General has no right to propose legislation. However, the Law Office, as the legal service of the Government, is responsible for drafting all the important legislation and it contributes significantly to the passage of bills within the Parliament. As a matter of fact, on many occasions it is the Law Office that initiates the introduction of new Laws or the reform of the existing ones (see Tornaritis 1971). Therefore, it would be well within their powers if they wished, to at least try and clarify the uncertainties in the legislation or pass more detailed provisions which would specify their powers regarding prosecutions.

  23. 23.

    However, see below Mr Markides’ willingness to be more specific.

  24. 24.

    With an interruption of his service during the years 1955–1959, during which an armed liberation struggle was deployed in Cyprus which aimed for the expulsion of British troops from the island, for self-determination and for union with Greece. The colonial administration judged that an Englishman should serve at the post of the Attorney General during that time and, therefore, James H. Henry was appointed, replacing Mr Tornaritis. See Appendix 2.

  25. 25.

    See Tornaritis (1969, 1971, 1975, 1981, 1983a, b, c, 1984, 1985).

  26. 26.

    See Tornaritis (1983c). As will be shown in a latter chapter, Mr Tornaritis defended repeatedly, in a series of articles in the Cyprus Law Review, the independent status of the Office and the quasi-judicial nature of many of its powers.

  27. 27.

    Police was under the Ministry of Interior up until 1993 when the Ministry of Justice was renamed to Ministry of Justice and Public Order and acquired responsibility for the Police.

  28. 28.

    Tornaritis (1983a, c, 1985).

  29. 29.

    See Parliaments’ Records (1983, p. 123) and the speech by Mr Kikis Talaridis published in the Cyprus Law Review Talaridis (1983).

  30. 30.

    Attorney General v. KIRIX Publications LTD (CC 17393/63).

  31. 31.

    The Loucaides’ speech “Presentation of criminal cases in court by non-legally qualified advocates” was given on 01/10/1978 and it was published in the Cyprus Law Review (Loucaides 1979, p. 92).

  32. 32.

    See Loucaides (1974) and Tornaritis (1981).

  33. 33.

    See Papaioannou (1984) and Neocleous (2000).

  34. 34.

    It is interesting that for the same reason in 1974 the Office of the Director of Public Prosecutors was created in Ireland as the Government of the day thought it absolutely necessary to alleviate much of the workload of the Attorney General’s Office in consequence of the State’s accession to the European Economic Community.

  35. 35.

    For instance, in England and Wales, Ireland and Northern Ireland; see Chap. 2.

  36. 36.

    Interviews with the Attorney Generals.

  37. 37.

    As will be shown in the next chapter, this letter was also referring to the powers of the Attorney General to direct the police even during the investigations.

  38. 38.

    Mrs Stella Soulioti was the second Attorney General of the Republic. She served for about 3.5 years between 1984 and 1988. Unfortunately, it was not possible to carry out an interview with her. Furthermore, my search inside the Law Office for internal circulars, press releases, memoranda, etc., issued during Mrs Soulioti’s tenure did not produce sufficient documents for a proper analysis. This may be due to the relatively short period of her tenure but it may also indicate her position towards the publication and the specification of her policies. Since the information I collected regarding Mrs Soulioti’s tenure was limited comparing to the information I had for the rest of the office-holders, I considered any attempt to draw rigid conclusions about her policies at the Law Office unsafe and unfair.

  39. 39.

    As shown in the previous chapter, the Law only provided that (a) everyone that presents cases to court as a public prosecutor must be legally qualified, and (b) the “public prosecutors” – who appear for the police or any other governmental service – shall execute their duties under the instructions of the Attorney General and they are considered as members of the Law Office.

  40. 40.

    According to the Prosecution of Offences Act 1985, in England and Wales public prosecutors were responsible and obligated to take over all criminal prosecutions instituted by the police; see Chap. 2.

  41. 41.

    See Discussions in Parliament (Parliament Records dated 22/04/88, p. 123).

  42. 42.

    See the article by a well-known journalist, Mr Drousiotis, in the magazine “Selides” 28/08/1993 where, although he criticised intensively Mr Triantafyllides on a series of issues, he admitted that the control that he exercised over the police was more effective than before.

  43. 43.

    Source of data: Interviews with Law Officers who served during his tenure and with defence advocates.

  44. 44.

    This must also be related to the fact that during that period, privately owned media were introduced to Cyprus for the first time.

  45. 45.

    It is very interesting to note that in Cyprus, the main focus of controversy has always been on the cases that are filtered out of the system. In the past, there was criticism that too many of them are filtered out of the system in contrary to the situation in England, for example, where there was criticism that the police were sending too many cases to courts. Undoubtedly, this is one of the main reasons why successive Attorney Generals have placed particular emphasis on this category of cases.

  46. 46.

    See, inter alia, a series of articles in the newspapers “Alithia”, “Simerini”, “Phileleftheros” between November 1993 and June 1994.

  47. 47.

    Anxieties were also voiced about the increasing number of nolle prosequis that the Attorney General was entering.

  48. 48.

    Statement A.F 7/69/3, dated 02/12/1993.

  49. 49.

    For each of the busiest districts (Districts of Nicosia and Limassol), there were two Law Officers appointed as heads. See Circular G.E. 74/72/6, dated 15/04/96.

  50. 50.

    See Circular G.E. 50(C)/1992/N.42, dated 11/06/1998.

  51. 51.

    Another category, for a brief period, was cases of unlawful hunting.

  52. 52.

    Previously, there was only one record for all the cases that were forwarded to the Law Office.

  53. 53.

    See also a later announcement by the Attorney General (G.E. 9/52/309), dated 30/10/2001: “In a meeting at the office of the President of the District Court of Nicosia, the problems that courts are facing have been discussed and analysed and it was concluded (inter alia) that there is a need for the court to be relieved of cases concerning offences that had been committed a long time ago. As a result of this meeting, myself and the head of the Prosecution Department of Nicosia have examined a series of cases – which are referred to in the attached catalogue – and I have given the required directions for their further handling in court”.

  54. 54.

    See Memorandum G.E. 124/73/2, dated 03/05/1996.

  55. 55.

    See Circulars G.E. 50(B)/87/N.35.3, dated 07/05/1996 and G.E. 50(B)/87/N.35, dated 23/12/1996.

  56. 56.

    He also issued a number of other circulars directed to public prosecutors, dealing with issues related to the cases they were handling: e.g. Circular G.E. 19(M)/1964, dated 16/02/1999 concerning the priority of cases that were based on testimonies by foreigners, Circular G.E. 9/52/309, dated 30/10/01 concerning the discontinuance of a series of cases pending in courts for extended period of time and Circular G.E. 74/72/7, dated 15/10/01, concerning general procedural issues regarding the handling of cases in court.

  57. 57.

    An absurd situation was created with public prosecutors having to answer both to the head of the PPD and to the Law Office. Even during Mr Markides’ tenure, and despite the improvement observed compared to the previous situation, some circulars (e.g. G.E. 65/1993/3) directed to the public prosecutors were sent to the Chief of the Police to circulate to the PPD, instead of directly to them. Later, however, such circulars were sent directly to the PPD, albeit with a notification to the Chief of the Police.

  58. 58.

    See Kapardis et al. (2001).

  59. 59.

    Rossidou-Papakyriakou (2001).

  60. 60.

    See the next chapter for the cooperation of the police and the Law Office as far as the investigation for these crimes are concerned.

  61. 61.

    This was a phenomenon which began to emerge from the last years of Mr Triantafyllides’ tenure.

  62. 62.

    Interviews with the heads of the PPD of Limassol and Nicosia and the Central PPD.

  63. 63.

    The language he used in describing the role of the Attorney General is reminiscent of the wording of the Supreme Court decisions on the issue:

    ‘The powers of the Attorney General are defined by Article 113 of the Constitution. He has the right to initiate prosecutions and to discontinue them with what is defined as ‘nolle prosequi’. The police have the right to carry out prosecutions but they are under the guidance of the Attorney General … I have to underline this: every citizen has the right to institute criminal prosecutions – courts have been very clear on this. Of course, the Attorney General’s right to intervene – by entering a nolle prosequi – is undoubted’. (Interview 11/01/2004)

    Mr Nikitas was a Supreme Court Judge before appointed to the Office of the Attorney General. His critics accused him of being unable to escape from the judicial mentality.

  64. 64.

    See Circulars G.E. 41(K)/1947, dated 11/06/2003 and G.E. 41(K)/1947, dated 15/07/2003.

  65. 65.

    Circular G.E. 74/72/8, dated 19/06/03.

  66. 66.

    Circular G.E. 50(B)1987/N.35/7, dated 17/05/04.

  67. 67.

    See his Circulars in Footnote 65, Circular G.E. 124/73/2 dated 11/03/04 and the quotations from his Interview (11/01/2004) in Chap. 6.

  68. 68.

    Information from the Criminal Records Department of the Law Office.

  69. 69.

    See also in Table 1 that domestic violence cases also significantly reduced, most probably as a result of the absence of a clear direction by the Attorney General that they be sent to the Law Office, as was the case during Mr Markides’ tenure.

  70. 70.

    However, towards the end of 2005, Mr Nikitas resigned and Mr Clerides (the Deputy Attorney General since Mr Markides’ tenure) was appointed as the new Attorney General. Although this research does not include the tenure of Mr Clerides, it can be said that since his appointment there have been a return to the philosophy of Mr Markides’ running of the Law Office, especially regarding prosecutions. This is based on four points: (a) During Mr Markides’ tenure, Mr Clerides was in charge of Prosecutions in the Law Office and, as admitted by Mr Markides himself (interview data), was responsible for a great number of prosecution decisions, often replacing the Attorney General (especially during the period that the latter was preoccupied with his duties as the advisor to the President of the Republic during negotiation discussions on the solution of the Cyprus political problem); (b) During Mr Nikitas’ tenure, Mr Clerides on several occasions disagreed with Mr Nikitas’ choices and policies regarding prosecutions (see, e.g. statements by Mr Clerides reported in the newspaper “Politis” on 20/12/2003, in the newspaper “Simerini” on 20/12/2004 and in the newspaper “Fileleftheros” on 12/02/05 and 13/03/05); (c) His speech the day of his appointment in the Presidential Palace was revealing of his intention for a more “flexible and humane” prosecution policy (see, inter alia, comments in the newspapers “Phileleftheros”, “Simerini” and “Politis” on 12/05/2005 and 13/05/2005); (d) Some limited research I carried out concerning circulars and memoranda that Mr Clerides has issued since his appointment, as well as several discussions I had with Law Officers dealing with criminal cases and Mr Clerides himself, confirmed – at least prima facie – the above assumption.

  71. 71.

    In Chap. 6, how the role that Law Officers associate with each category of these cases influences their decision-making will be discussed in detail.

  72. 72.

    It is interesting to note here that Law Officers who did not deal with criminal prosecutions exclusively but had additional duties in the Law Office (e.g. legal advice to Government Departments) were more inclined to use the term “legal advice” when referring to their relationship with the police, obviously because they equated it to the relationship they had with the other services they were working with.

  73. 73.

    Therefore, although the total number of cases that the Law Office is dealing with can be calculated for the cases for which there are separate records, the same cannot be achieved for the cases coming under category (f). For example, we cannot say how many of the 2,681 cases that were forwarded to the Law Office in 2002 by the police and recorded under this category were indictable cases for which consent for a summary trial was requested, or how many were summary cases with a suggestion to refrain from prosecution for public interest reasons. For these cases, the numbers included in my sample provide an indication of the real distribution of each category of cases in the Law Office’s workload. However, I cannot argue that this is a very strong indication since, as I will show later, a significant part of Law Officers’ workloads is not file-based. Nevertheless, from the beginning (see Chap. 1 and Appendix 1) I have stressed that my study does not aim to provide a strict statistical analysis – but rather a qualitative description – of the Law Office’s workload.

  74. 74.

    “Prosecutions on information” is the term used for prosecutions on indictment in Cyprus.

  75. 75.

    In Cyprus the division between barristers and solicitors does not exist within the legal profession.

  76. 76.

    In Cyprus the Attorney General’s Office does not instruct counsel to handle cases in court on its behalf. Law Officers themselves have rights of audience not only in District Courts but also in Assize Courts.

  77. 77.

    In 2000, 24 such cases (61%) were presented and in 2001, 40 cases (58%).

  78. 78.

    Circular G.E. 50(C)/1992/N.42, dated 11/06/1998.

  79. 79.

    Section 24 of the Courts of Justice Law (Law 14/1960).

  80. 80.

    See the interviews earlier in this chapter.

  81. 81.

    As will be shown in Chap. 6, public interest factors and evidential issues were quite often mixed.

  82. 82.

    Most of those cases were cases which only technically concerned indictable offences. The circumstances of the offences would normally argue for a suggestion of a summary trial.

  83. 83.

    See Chap. 6.

  84. 84.

    This is not representative because I observed many other cases where police officers came in person asking for advice or called the Law Officers for the same purpose (see next chapter).

  85. 85.

    Which, in a way, become extra-ordinary because either it is suggested that they should be filtered out of the system, or because the defendant takes the initiative to involve the Attorney General in them.

  86. 86.

    The way and the criteria upon which cases are decided in the Law Office are issues that will be discussed in the next two chapters (especially in Chap. 6). At this point, it is sufficient to say that the Law Officers’ adherence to the role they associated with each aspect of their workload and how strong they feel that a category of cases is “Law Office material” are some of the most influential factors that affect their decision-making.

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Correspondence to Despina Kyprianou .

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Kyprianou, D. (2010). The Workload of the Attorney General’s Office. In: The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-01921-0_4

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