The Public Prosecutor plays an important gatekeeping role in the administration of criminal justice through the exercise of prosecutorial discretion. This discretionary power allows the prosecutor to decide whether a person should be charged, and if so with what offence. The prosecutor may divert a suspect away from the criminal justice process by imposing certain conditions, secure guilty pleas from the offender through negotiation, and discontinue prosecutions. To prevent the abuse of this power by the Government, the responsibility for the initiation, continuation and disposition of criminal matters is vested in the Attorney-General as Public Prosecutor, who is expected to act independently of the Government in making prosecutorial decisions. More than that, the Public Prosecutor is expected to act as a "minister of justice" and guardian of the public interest.

This article argues that prosecutorial discretion is meant to be used as a shield against political interference; to that end prosecutorial independence is essential. However, there is a risk that the Executive may use prosecutorial discretion as a cover for political interference by hiding behind a veneer of prosecutorial independence in order to influence a prosecutorial decision without being held democratically accountable. Equally, there is a risk that prosecutorial discretion may be used as a sword when the Government deliberately, or sometimes inadvertently, co-opts it as a tool to enhance legislative or executive power over criminal matters, or to undermine individual rights.