Public Prosecutions in Australia : Law, Policy and Practice

Public Prosecutions in Australia : Law, Policy and Practice
ISBN: 9780455231822
Publication Date: 30 November 2013

Public Prosecutions in Australia: Law, Policy and Practice is a unique book which explains and critiques the law and policy regulating the conduct of contemporary public prosecutions in Australia. The work takes a national approach by setting out the fundamental common law principles which apply to all public prosecutions, and explaining and comparing the law in each jurisdiction with respect to important topics such as prosecution disclosure obligations and prosecution appeal rights. It also explores key features of the national landscape of public prosecutions in Australia. The main focus of the book is on the role, powers and responsibilities of the Director of Public Prosecutions (DPP), Crown prosecutors and the police - in addition to all federal, State and local regulatory agencies involved in the investigation and prosecution of regulatory offences. Of particular relevance are the various interrelationships between the office of the DPP and federal and State regulatory agencies, including the DPP providing advice to agencies during the course of criminal investigations, the use of immunities in cases of serious cartel offences, and the referral of cases by regulatory agencies to the DPP for prosecution. The working relationship between the police and the DPP is also examined. The text incorporates recent legislative reforms which affect the work of prosecutors, notably: tightening of statutory disclosure obligations, increased responsibilities towards the victim of the crime, the new criminal jurisdiction of the Federal Court of Australia, the abolition of double jeopardy considerations on Crown appeals against sentence, and the Jury Directions Act 2013 (Vic). The material follows the key stages of criminal proceedings and explains the relevant critical prosecutorial decisions, the criteria ...