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.

This guideline applies to the following decisions to:

1. withdraw a charge and proceed on another
2. substantially alter a charge
3. discontinue all charges
4. offer no evidence on appeal
5. lodge an appeal
6. decline to lodge an appeal.

Nothing in this Chapter prevents the giving of reasons in other cases where it may be appropriate to do so.

A person who requests reasons for a decision to discontinue a prosecution may be given reasons if the person has a legitimate interest in the prosecution and there is no basis to decline the request.

A person with a legitimate interest in the prosecution includes:

1. a victim
2. a family member of a deceased victim
3. the officer-in-charge
4. any other person whose rights, liabilities or obligations are affected by the decision.

A request for reasons must be declined if giving the reasons would:

1. prejudice a current or future court case
2. interfere with an ongoing investigation
3. put the safety of any person at risk
4. breach legal privilege 
5. breach any statutory provision
6. breach any court order
7. embarrass or breach the privacy of a victim (if a victim’s family member requests reasons).

A request for reasons may also be declined if it is otherwise not in the public interest to give reasons.

The giving of reasons does not generally constitute a waiver of legal privilege in respect of matters in which reasons have been given. Internal legal advice must not be released when reasons are given unless the Director determines otherwise.