Prosecution Guidelines
The purpose of these guidelines is to provide a standard by which the Office and its prosecutors will conduct criminal proceedings on behalf of the State to ensure transparency and maintain a consistency of approach.
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Chapter 1. Introduction
The Office of the Director of Public Prosecutions was established in 1973.
Chapter 1. Introduction
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Chapter 2. Decision to prosecute – considerations
The decision whether or not to prosecute is the most important step in the prosecution process.
Chapter 2. Decision to prosecute – considerations
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Chapter 3. Decision to prosecute – procedures
This section outlines the DPP processes with regards to decisions to indict, the form of the indictment, and the decision to discharge.
Chapter 3. Decision to prosecute – procedures
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4. Prosecutors’ duties
The use of prosecutorial discretion should be exercised independently and be free from interference, political or otherwise. Prosecutors shall perform their duties without fear, favour or prejudice.
4. Prosecutors’ duties
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5. Criminal offences resulting in death - notification to DPP
Police must provide the DPP with certain information within 4 days of charging a person with an offence that has resulted in death.
5. Criminal offences resulting in death - notification to DPP
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6. Judge-alone trials
Legislation allows for trials to be heard and determined by a judge alone in particular circumstances.
6. Judge-alone trials
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7. Charge negotiation
Charge negotiation involves negotiations between the defence and the prosecution in relation to the charges to proceed.
7. Charge negotiation
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8. Pre-charge advice
When requested the DPP can provide police investigators with advice, prior to a person being charged.
8. Pre-charge advice
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9. Sexual crimes guidelines
This section provides guidance in relation to the charging and prosecution of sexual crimes.
9. Sexual crimes guidelines
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10. Failing to report the abuse of a child
A prosecution under this section can only be commenced with the written authority of the Director of Public Prosecutions.
10. Failing to report the abuse of a child
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11. Family violence guidelines
These guidelines recognise the need for sensitivity when dealing with victims of family violence offences and the complexity often associated with such offences. The aim is to ensure the provision of advice to investigating authorities with recommendations as to prosecution and/or disposition of matters in a timely and sensitive manner.
11. Family violence guidelines
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12. Elections - Charging guidelines
Parliament has enacted both indictable crimes and summary offences for a number of offences to cover the same conduct. Indictable crimes are dealt with in the Supreme Court before a judge and jury and summary offences are dealt with by the Magistrates Court. The charging guidelines have been issued for common offences to maintain consistency from case to case.
12. Elections - Charging guidelines
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13. Witness Assistance Service (WAS)
The role of the Witness Assistance Service is to provide support for witnesses, victims and their families while they are engaged in criminal justice processes.
13. Witness Assistance Service (WAS)
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14. Witnesses
Prosecutors will deal with all witnesses in a dignified, professional and proper manner.
14. Witnesses
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15. Indemnities to witnesses and sentencing of informants
In principle it is desirable that the criminal justice system should operate without the need to grant any concessions to persons who participated in alleged offences in order to secure their evidence in the prosecution of others. However, it has long been recognised that in some cases this course may be appropriate in the interests of justice.
15. Indemnities to witnesses and sentencing of informants
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16. Bail guidelines
Except where the provisions of s12 of the Family Violence Act 2004 or s35(2) of the Justices Act 1959 apply, the principles regarding the granting of bail are those of the common law. The common law is that an accused person is presumed to be innocent and therefore there is a general presumption that an accused person should be granted bail, with the onus being on the prosecution to show that a person should not be granted bail.
16. Bail guidelines
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17. Preliminary proceedings
In certain circumstances, the court can order that witnesses give evidence in preliminary proceedings, prior to any trial.
17. Preliminary proceedings
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18. Summary prosecutions
The summary prosecution section of the Office assists the Director in the conduct and management of lower court appeals and summary prosecutions under the Workplace Health and Safety laws, Consumer Business and Environment laws and other regulatory offences. The Office also conducts criminal matters in the Magistrates Court that have been remitted from the Supreme Court, indecent assaults and serious summary traffic offences that have resulted in death or serious injury.
18. Summary prosecutions
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19. Prosecution appeals
The prosecution has a right to appeal in certain circumstances. This right will always be exercised with restraint and only where there is a reasonable prospect of success.
19. Prosecution appeals
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20. Taking over proceedings
The Director of Public Prosecutions Act 1973 enables the Director where he considers it desirable to do so to take over and continue or discontinue any criminal proceeding in respect of a crime or an offence alleged by that person to have been committed.
20. Taking over proceedings
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21. Disclosure
The prosecutor’s duty of disclosure is a continuing obligation owed to the court to ensure an accused person receives a fair trial.
21. Disclosure
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22. Drug treatment orders
Drug treatment orders are an option available on sentence.
22. Drug treatment orders
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23. Deferral of sentencing
The Sentencing Act 1997 allows for a sentence to be deferred. Typically the purpose of a deferral is to allow an offender to address the causes of his or her offending and rehabilitation.
23. Deferral of sentencing
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24. Crime (Confiscation of Profits) Act 1993
The Crime (Confiscation of Profits) Act 1993 is designed to divest an accused person of tainted assets or deprive him or her of the benefits of their crime upon conviction.
24. Crime (Confiscation of Profits) Act 1993
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25. Dangerous Criminals and High Risk Offenders Act 2021
The Act provides the legislative basis for declarations and orders relating to dangerous criminals (Part 2) and high risk offenders (Part 3).
25. Dangerous Criminals and High Risk Offenders Act 2021
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26. Suppression orders
On rare occasions it may be necessary to apply to the court to have a report of proceedings (or part thereof) suppressed from publication until further order of the court.
26. Suppression orders
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27. Criminal Justice (Mental Impairment) Act 1999
A person is presumed fit to stand trial unless upon investigation it is established on the balance of probabilities that he or she is unfit.
27. Criminal Justice (Mental Impairment) Act 1999
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28. Mutual Assistance Requests
Mutual assistance is the formal process countries use to provide assistance to each other in investigating and prosecution crimes, and to recover the proceeds of crime.
28. Mutual Assistance Requests
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29. Media
All media contact should be referred to the Director.
29. Media
Last updated: 10 July 2026