2016 No.2 (h) 5 in paragraph (c) by the deletion of "wife" "hcrcvcr it occurs and the substitution of "survinng spouse" Amendment of section 16 of Cap. 9:07 Section 16 of the principal Act is repealed and the following is substitutccJ-"16 Certificate of Prosecutor-General that he or she declines to prosecute ( 1) Except as is provided hy subsection(-+), it shall not he competent for any priYate party to obtain the process of any court for summoning any party to answer any charge, unless such private party produces to the officer authorised by law to issue such process a certificate signed by the Prosecutor-General that he or she has seen the statements or affidavits on which the charge is based and declines to prosecute at the public instance, and. subject to the conditions set forth in subsections ('2) and (3 ), in every case in which the Prosecutor-General declines to prosecute he or she shall, at the request of the party intending to prosecute, grant the certificate required. (2) The Prosecutor-General shall grant the certificate referred to in subsection ( 1) if(a) there is produced to him or her hy the private party a written request in the form of a sworn statement from \Yhich it appears to the Prosector-General that the private party(i) is the victim of the alleged offence, or is othemise an interested person by virtue of having personall) suffered, as a direct consequence ofthc alleged offence, an invasion of ale gal right he yond that suffered hy the public generally; and (ii) has the means to conduct the printtc prosecution promptly and timeously; and (iii) will conduct the private prosecution as an individual (whether personally or through his or her legal practitioner), Of as the representati\'e of a class of individuals recognised as a class for the purposes of the ClassActionsAct [Chap1er8: 17J (;--;o. IOof 1999); and (b) no grounds exist in terms of subsection (3) for withholding the certilicatc. (3) The Prosecutor-General may refuse to grant the certificate referred to in subsection (1) upon any one or more of the following grounds, namely(a) that the conduct complained of by the pri,·ate party does not disclose a criminal offence; or (h) that on the evidence available, there is no JX)ssibility (or only a remote possibility) of prcl\'ing the charge. against the accused beyond a reasonable: doubt; or (c) whether the person to be prosecuted has adequate means to conduct a defence to the charge (in the case of any person who. but for the fact that the Prosecutor-General has declined to prosecute him or her, would have qualified for legal assistance at the expense of the State); or 30