Statement from the Office of the Director of Public Prosecutions
on Discontinuance of Criminal Matters
February 25, 2021
The Office of the Director of Public Prosecutions advises the public that the office will not accept written requests for ongoing criminal matters to be discontinued from any virtual complainant or witness. If there are concerns about the case, virtual complainants and witnesses should report those to the law enforcement officers in charge of investigating their cases.
Pursuant to Section 59 of the Virgin Islands Constitution Order 2007, the only person who can discontinue criminal proceedings before the High Court and the Magistrate’s Court is the Director of Public Prosecutions. It must be borne in mind that when persons make a complaint to the police, Government resources in the form of police investigations and prosecution preparation are engaged.
In cases of serious matters involving injury to persons, theft, domestic violence, sexual offences, and offences involving children, the Crown shall proceed as a matter of public interest and maintaining public safety.
Virtual complainants and witnesses are reminded that failing to appear at court when subpoenaed or summoned may result in legal consequences.
Persons are also reminded that threatening, persuading or otherwise influencing a virtual complainant or witness in an attempt to coerce them to not give evidence or to falsify their account of a matter is a criminal offence, and offenders shall be prosecuted.