Prosecution Guidelines

The Prosecution Guidelines, issued under s13(1) of the Director of Public Prosecutions Act 1986, set out the general principles for the initiation and conduct of criminal prosecutions.

View the guidelines

Prosecution-Guidelines.pdf (586.9 KB)

Table of contents

Numerical

Alphabetical

Chapter 1. The decision to prosecute

In deciding whether to prosecute, the public interest is the paramount consideration. It has never been the rule that whenever sufficient evidence exists, a prosecution must take place.

Chapter 2. The role of the prosecutor

This Chapter sets out the role and duties of the prosecutor, including at trial and sentence.

Chapter 3. Selecting charges

Alleged wrongdoing may give rise to a potential choice between different charges.

Chapter 4. Charge resolution

This Chapter sets out how and why the option of charge resolution in appropriate cases is necessary for the effective and efficient conduct of prosecutions.

Chapter 5. Victims and witnesses

The ODPP recognises the important role that victims of crime play as participants in criminal proceedings and will treat all victims with courtesy, compassion, cultural sensitivity and respect.

Chapter 6. Elections

This Chapter sets out the criteria for determining whether an election should be made for a Table offence to be dealt with on indictment, rather than summarily.

Chapter 7. Taking over proceedings

This Chapter sets out the principles for determining whether the DPP should take over proceedings commenced by Police or by a private prosecutor.

Chapter 8. Mental illness

Issues regarding mental illness may arise at any stage in criminal proceedings.

Chapter 9. Juries and judge alone trials

This Chapter sets out the principles of selecting a jury and considering applications for judge alone trials.

Chapter 10. DPP appeals

This Chapter sets out guidelines on DPP appeals, retrials and investigations after acquittal.

Chapter 11. Indemnities, undertakings, informers and induced statements

This Chapter sets out why it can be in the public interest to grant benefits to a person who has committed a criminal offence and the principles involved in granting such a benefit.

Chapter 12. Pre-charge advice

The ODPP does not investigate allegations that a crime has been committed. However, the ODPP may provide independent legal advice prior to proceedings being commenced for a criminal offence.

Chapter 13. Disclosure

The purpose of this Chapter is to set out the prosecution’s continuing duty of disclosure and also how the duty of disclosure interacts with the Director’s legal professional privilege and other claims of privilege by third parties.

Chapter 14. Evidence

This Chapter deals with the different forms of evidence and possible challenges that can arise when considering evidence in criminal proceedings.

Chapter 15. Reasons for decisions

The disclosure of reasons for prosecution decisions is consistent with the open and accountable operations of the ODPP. This Chapter sets out the ODPP’s guidelines on giving reasons for decisions, including when and to whom they may be given.

Chapter 16. Media contact and non-publication orders

An informed public is an essential part of a transparent, fair and equitable justice system.

Chapter 17. Proceeds of crime

Confiscation of the proceeds of crime deprives offenders of the benefits generated by their criminal behaviour and removes the motivation to commit crimes for personal gain.

Glossary

View legal term definitions.

Numerical

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Chapter 1. The decision to prosecute
Chapter 2. The role of the prosecutor
Chapter 3. Selecting charges
Chapter 4. Charge resolution
Chapter 5. Victims and witnesses
Chapter 6. Elections
- 6.1 Introduction
- 6.2 Elections to proceed on indictment
Chapter 7. Taking over proceedings
Chapter 8. Mental illness
Chapter 9. Juries and judge alone trials
Chapter 10. DPP appeals
Chapter 11. Indemnities, undertakings, informers and induced statements
Chapter 12. Pre-charge advice
Chapter 13. Disclosure
Chapter 14. Evidence
Chapter 15. Reasons for decisions
Chapter 16. Media contact and non-publication orders
Chapter 17. Proceeds of crime
- 17.1 Introduction
- 17.2 Proceeds of Crimes
Glossary

Alphabetical

A B C D E F H I J L M N O P R S T U V W

A
- accused
- acquittal
- adjournment
- admissible
- appeal
B
C
D
E
F
H
- harm
- hearing
I
J
- judge
- judge alone trial
L
M
- magistrate
- mention
N
- no further proceedings
- non-publication order
O
P
R
- re-examination
- retrial
S
T
- table offence
- trial
U
- undertaking
V
W
- witness
- Witness Assistance Service (WAS)

Automatic language translation

View the guidelines