Director of Public Prosecutions (Australia)

Last updated

Commonwealth Director of Public Prosecutions
Commonwealth DPP Logo.png
Agency overview
Formed8 March 1984 (1984-03-08)
Employees413 [1]
Minister responsible
Agency executive
  • Raelene Sharp KC, Director of Public Prosecutions
Parent department Attorney General's Department
Website cdpp.gov.au

The Office of the Commonwealth Director of Public Prosecutions or, informally, the Commonwealth Director of Public Prosecutions (CDPP) is an independent prosecuting service and government agency within the portfolio of the Attorney-General of Australia, as a part of the Attorney-General's Department. It was established by the Director of Public Prosecutions Act 1983 (Cth) and began its operations in 1984. [2] [3]

Contents

History

Founded on 8 March 1984 to prosecute alleged offences against Commonwealth criminal law, primarily the Crimes Act 1914 (Cth) and Criminal Code Act 1995 (Cth), the CDPP was first headed by Director Ian Temby, who remained in that post until 1988. The CDPP commenced with a head office in Canberra, and a Melbourne office was opened on 6 June 1984, assuming responsibility for the work of Special Prosecutor Robert Redlich. [4] The CDPP took over the work of the Special Prosecutors to prosecute bottom of the harbour tax cases and parts of the Attorney-General's Departments Deputy Crown Solicitor's Offices. [5]

The CDPP has been noted for its gender-blind hiring and work practices. [5]

Function

The agency has only one outcome; "to contribute to the safety and well-being of the people of Australia and to help protect the resources of the Commonwealth through the maintenance of law and order and by combating crime". [2] It upholds this function by carrying out prosecutions of crimes against the Commonwealth, and by providing advice to referring agencies.

It has no investigative power or function, and the decision to investigate matters and refer matters to the CDPP is at the discretion of referring agency. Furthermore, the CDPP depends on referring agencies to investigate alleged offences and prepare briefs of evidence to support prosecution and assets recovery. [6]

Organisation

The Commonwealth Director of Public Prosecutions is based in the head office in Canberra and has offices in Adelaide, Brisbane, Cairns, Darwin, Hobart, Melbourne, Perth, Sydney, and Townsville. Most offices include a Revenue and Benefit Fraud/Commercial, Financial and Corruption Branch, an Illegal Imports and Exports/Human Exploitation and Border Protection Branch, and an Organised Crime and Counter Terrorism Branch. [7]

Although the Commonwealth Director of Public Prosecutions is within the portfolio of the Commonwealth Attorney-General, the Office operates independently of the Attorney-General and of the political process. [5] The Attorney-General, as First Law Officer of Australia, is responsible for the Commonwealth criminal justice system and remains accountable to Parliament for decisions made in the prosecution process, notwithstanding that those decisions are now in fact made by the Director and lawyers of the CDPP. [5] Under section 8 of the Director of Public Prosecutions Act 1983 (Cth), [8] the Attorney-General has power to issue guidelines and directions to the CDPP; however, that can only be done after there has been consultation between the Attorney-General and the Director. Per the Act, any guidelines or directions must be in writing, published in the Gazette , and tabled in Parliament. The CDPP has been directed by the Attorney-General only thrice, none of which were in relation to a specific case. [5]

List of Commonwealth Directors of Public Prosecutions

OrderDirectorTerm startTerm endTime in officeSubsequent roleNotes
1 Ian Temby AO , KC 8 March 198419883–4 yearsInaugural Commissioner of the New South Wales Independent Commission Against Corruption [9]
2 Mark Weinberg KC 1988December 19912–3 yearsJudge of the Federal Court of Australia, later Judge of the Supreme Court of Victoria
3 Michael Rozenes KC 1 February 199219974–5 yearsPrivate practice; later Chief Judge of the County Court of Victoria
4 Brian Ross Martin KC 1997February 19991–2 yearsJudge of the Supreme Court of South Australia, later Chief Justice of the Supreme Court of the Northern Territory
5 Damian Bugg AM , KC 2 August 199912 October 20078 years, 71 days Chancellor of the University of Tasmania
6 Christopher Craigie SC 13 October 200714 October 20125 years, 1 dayJudge of the District Court of New South Wales
7 Robert Bromwich SC 17 December 201228 February 20163 years, 73 daysJudge of the Federal Court of Australia
8 Sarah McNaughton SC 16 May 20162 September 20226 years, 109 daysAppointed Judge of the Supreme Court of New South Wales (effective October 2022) [10]
9Raelene Sharp KC 4 December 2023

See also

Related Research Articles

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.

<span class="mw-page-title-main">Crown Prosecution Service</span> Principal public agency for conducting criminal prosecutions in England and Wales

The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.

<span class="mw-page-title-main">District attorney</span> US state prosecutor of criminal offenses

In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction in the state's courts. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

<span class="mw-page-title-main">Crown Office and Procurator Fiscal Service</span> Independent public prosecution service for Scotland

The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.

<span class="mw-page-title-main">Public Prosecution Service for Northern Ireland</span>

The Public Prosecution Service for Northern Ireland (PPSNI) is the department of the Northern Ireland Executive responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland. Its role is similar to that of the longer-established Crown Office and Procurator Fiscal Service in Scotland, and the Crown Prosecution Service in England and Wales. The PPSNI employs 50 Public Prosecutors and over 100 administrative staff. The main role of the PPSNI is to make decisions on the initiation of criminal prosecution or refusal to initiate it and to be responsible for conducting criminal proceedings. There are also a number of options for dealing with offenders in addition to prosecution.

Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.

The Australian Intelligence Community (AIC) and the National Intelligence Community (NIC) or National Security Community of the Australian Government are the collectives of statutory intelligence agencies, policy departments, and other government agencies concerned with protecting and advancing the national security and national interests of the Commonwealth of Australia. The intelligence and security agencies of the Australian Government have evolved since the Second World War and the Cold War and saw transformation and expansion during the Global War on Terrorism with military deployments in Afghanistan, Iraq and against ISIS in Syria. Key international and national security issues for the Australian Intelligence Community include terrorism and violent extremism, cybersecurity, transnational crime, the rise of China, and Pacific regional security.

The Public Prosecution Service of Canada was established on December 12, 2006, by the Director of Public Prosecutions Act. A federal agency, the PPSC prosecutes offences on behalf of the Government of Canada. It is responsible to Parliament through the attorney general of Canada, who litigates on behalf of the Crown and has delegated most prosecution functions to the PPSC.

A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.

<span class="mw-page-title-main">Human trafficking in Australia</span>

Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.

Kevin Paul Zervos is a Justice of Appeal of the Court of Appeal of Hong Kong. He previously served as Director of Public Prosecutions of the Department of Justice of the Hong Kong Special Administrative Region from March 2011 to September 2013.

<span class="mw-page-title-main">Director of Public Prosecutions of Kenya</span>

The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in the Republic of Kenya as established by the Constitution of Kenya, which de-linked it from the Office of the Attorney General and established it as an independent office. The office is empowered with the authority to exercise the State's powers of prosecution with regard to criminal proceedings.

The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.

The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).

<span class="mw-page-title-main">Deferred prosecution agreement (Canada)</span>

In Canada, a deferred prosecution agreement (DPA) or remediation agreement refers to an agreement under Part XXII.1 of the Criminal Code. The agreement is made between the Crown prosecutor and an organization alleged to have committed certain types of criminal offences, usually in the context of fraud or corruption, with the consent of the relevant Attorney General and under the supervision of a judge. Under a deferred prosecution agreement, the Crown prosecutor can agree to defer bringing a prosecution for the alleged offences if the organization takes steps to improve its conduct, makes restitution, and implements internal controls to avoid a repetition of the conduct.

Robert James Bromwich is a Judge of the Federal Court of Australia, serving since 29 February 2016. He has also served as the Chief Justice of the Supreme Court of Norfolk Island since May 2024 and as an Additional Judge of the Supreme Court of the Australian Capital Territory since 5 September 2016, and was a part-time Commissioner of the Australian Law Reform Commission from 10 April 2019 to 30 April 2020, sitting on its Inquiry on Corporate Crime.

<span class="mw-page-title-main">Public Prosecutors Office (Japan)</span> Agency for conducting prosecution in Japan

The Public Prosecutors Office is the agency for conducting prosecution in Japan. It is an extraordinary organ under the Ministry of Justice. It consists of four tiers of offices: the Supreme Public Prosecutors Office; the High Public Prosecutors Offices (8), the District Public Prosecutors Offices (50); and the Local Public Prosecutors Offices (438).

References

  1. "Table 2". APS Statistical Bulletin 2014–15 (Report). Australian Public Service Commission. Archived from the original on 23 April 2016.
  2. 1 2 "Office of the Commonwealth Director of Public Prosecutions" (PDF). Archived from the original (PDF) on 19 March 2012. Retrieved 19 July 2013.
  3. "Office of the Director of Public Prosecutions" (PDF).
  4. Hinchcliffe, Jaala (5 March 2009). "A brief history of the CDPP". Commonwealth Director of Public Prosecutions. Archived from the original on 17 July 2013. Retrieved 19 July 2013.
  5. 1 2 3 4 5 Twigg, Karen (29 July 1996). "An Insider's View of the DPP" (PDF). Archived from the original (PDF) on 7 August 2016.
  6. "The CDPP and Investigating Agencies". Commonwealth Director of Public Prosecutions. Archived from the original on 9 May 2013. Retrieved 19 July 2013.
  7. "Branches". Commonwealth Director of Public Prosecutions. Archived from the original on 9 May 2013. Retrieved 30 July 2013.
  8. "Director of Public Prosecutions Act 1983". 23 May 2018.
  9. "Previous Directors of the Office of the Commonwealth Director of Public Prosecutions". Commonwealth Director of Public Prosecutions. Australian Government.
  10. "Director of the Office of the Commonwealth Director of Public Prosecutions". Commonwealth Director of Public Prosecutions. Australian Government.