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Enhancement of charges is where the state substitutes a lesser charge with a serious offence or a capital offence to an already existing charge.
The director of Public Prosecutions can enhance a charge for example from stealing to robbery with violence in the event new details that were not there are disclosed in the course of the trial.
Lawyer Martina Swiga says charges may be enhanced if the prosecutor and investigator decide that it is in the interest of justice to have further investigations on the matter for preference of relevant charges.
“Owing to the fact that it is the Prosecutor who has the burden of proof to establish his case; he/she must then ensure that they have sufficient evidence to maintain a charge,” Swiga says.
However, Swiga says there are also instances when the charges against an accused person are downgraded. This can happen when the investigations have not been conclusive to sustain a particular charge
She also adds that the accused also has an option of entering into a plea-bargaining agreement with the prosecution which can lead to a charge being downgraded to a lesser charge.
For example, if one has been charged with murder, they can plea bargain with the prosecution to substitute it with lesser charge of manslaughter.
“No matter the circumstances of the case, the most primary consideration is that such decision ought to be founded in law and serve public interest in the administration of justice,” Swiga said.
On his part Lawyer Danstan Omari says that change of circumstances can lead to enhancement of a charge.
He says in some cases somebody might have assaulted somebody and that person is taken to hospital and the accused will be charged with the offence of assault causing bodily grievous harm.
“The trial will proceed but if the person who was assaulted dies within one year and one day the DPP will have to review the charges and enhance the charge to murder,” Omari says.
Omari further says that under the law the DPP and the state is allowed to continue investigating an offence even when it’s in court.
“If new evidence or material is found the state can enhance charges against the said accused person. So, discovery of new evidence is another reason why the DPP can enhance,” Omari says.