ACCCN Corporate Members + State and National Director

The question whether the functions performed by the prosecutor in the criminal justice system are subject to judicial scrutiny has been a matter for concern in common-law jurisdictions for quite some time. The courts in the Commonwealth generally agree that prosecutors must function independently; act fairly and responsibly in the interests of the public; and must be free from political interference. Their role in the administration of justice is to uphold the rule of law. Therefore, the exercise of prosecutorial discretion should ordinarily not be interfered with by the courts except in rare cases. However, the extent to which the courts, in respective Commonwealth jurisdictions, review prosecutorial discretions differs. A comparative study of the Canadian experience and the South African approach, where the judicial approaches to the review of prosecutorial discretion significantly differ, is a clear illustration. In Canada, the courts hardly interfere with, or review the manner in which the prosecutor performs his or her duties, except that prosecutorial discretion is not immune from all judicial oversight, since it is reviewable for abuse of process (see R v Anderson [2014] 2 SCR 167). In South Africa on the other hand, the exercise of the powers of the prosecutor and their ramifications are, like every exercise of public power, subject to the constitutional principles of legality and rationality. The recent judgments of the Full Bench of the Gauteng Division, Pretoria in Democratic Alliance v Acting National Director of Public Prosecutions 2016 (2) SACR 1 (GP) as affirmed by the Supreme Court of Appeal in Zuma v Democratic Alliance 2018 (1) SA 200 (SCA)—the so-called ‘spy-tape’ saga—are the latest illustrations of this approach.

Download Full-text

Consultant advisers in every service

Psychiatric Bulletin ◽

10.1192/pb.25.11.441 ◽

2001 ◽

Vol 25 (11) ◽

pp. 441-444

Author(s):

Louis Appleby

Keyword(s):

Mental Health ◽

Mental Health Services ◽

Health Services ◽

Working Group ◽

Current Process ◽

National Director

Shortly after taking up my appointment as National Director for Mental Health, I convened a working group of consultant psychiatrists to consider how to involve psychiatrists more in the current process of changing mental health services. This was in recognition of the fact that, while psychiatrists are central to modernising services, their skills and experience are insufficiently used. It is one of the most frequent complaints that I hear from clinicians.

Download Full-text

The Sun Always Rises

Bird on Fire ◽

10.1093/oso/9780199828265.003.0011 ◽

2011 ◽

Author(s):

Andrew Ross

Keyword(s):

The United States ◽

Historical Record ◽

Business Community ◽

Local Market ◽

The Sun ◽

The Great Recession ◽

The Face ◽

Per Capita ◽

National Director ◽

Solar Resource

Nothing has driven the growth of metro Phoenix more than the sun’s rays. For most of its residents and visitors, the chief reason for coming to the region was its 334 days of annual sunshine, yet precious little of this radiation showed up in the energy supply. Indeed, Arizona has often been held up as an object of shame for the cause of solar power. Despite the bounty of its sun cover, by 2009 the state generated only 7 watts of photovoltaic power (PV) per capita, while New Jersey, with only half the available sunlight, managed 14.6 watts per capita, and Germany, with even less, delivered 100 watts to each person. If the solar industry was to have its long-deferred day in the United States, then the Valley of the Sun had to be at, or near the top, of the location list. Surely, it should be easier to generate “clean electrons” here than almost anywhere else. Yet the dismal historical record shows that the abundance of this natural resource mattered very little in the face of a political and economic environment that has prevented the sun’s energy from being enjoyed by its liberty-loving residents, let alone developed on an industrial scale. For a metropolis in the deepest trough of the Great Recession, the prospect of developing solar industry was just about the only source of boosterism I could find among the business community. Glenn Hamer, president of the Arizona Chamber of Commerce, bragged that, with the help of federal and state incentives currently available, “the cocktail is in place for Arizona to truly be a national and international leader in solar. . . . with our incredible natural advantage, we have just about the world’s best solar resource.” Someone in his position could reasonably be expected to be gung ho about any new local market for investment, but Hamer also happened to be former national director of the Solar Energy Industries Association.

Download Full-text