c) to discontinue at any stage before judgement is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority. 71. The Director of Public Prosecutions is not subject to the direction or control of any other person or authority in the exercise of his duties. Where in the judgement of the Director of Public Prosecutions a case involves general considerations of public policy, the Director of Public prosecutions may bring the case to the notice of the Attorney General and will in the exercise of his powers in relations to that case, act in accordance with any directions of the Attorney-General. 72. The initial decision to institute a criminal investigation normally lies with the police. The police have the power to investigate all criminal offences. However, in terms of prosecuting an offender the police have the authority to initiate proceedings in accordance with the law (except for certain offences which require the consent of the Director of Public Prosecutions). 73. Under Section 89 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, an individual may conduct a private prosecution with the consent of the Director of Public Prosecutions. 74. The presumption of innocence is cemented in the Constitution and an accused person is presumed innocent until proved guilty. Therefore, the onus is on the prosecution to prove its case beyond reasonable doubt. 75. An accused person may retain a lawyer of his or her choice. If remanded in custody, an accused person may be visited by his or her lawyer to ensure a well-prepared defence. Criminal trials are normally in open court 47

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