1he ulrecLor of ubllc rosecuLlons

Crlgln and abouL Lhe uu

1he Cfflce of Lhe ulrecLor of ubllc rosecuLlons was esLabllshed by Lhe ultectot of lobllc ltosecotloos
Act 1990 (Lhe AcL") Lo lnsLlLuLe conducL and supervlse prosecuLlons and relaLed proceedlngs
The Act provides that the OIIice be controlled by the Director, who is an independent statutory
oIIicer is appointed by the Executive. The Director has the powers mentioned in the Public
Sector Management Act 1994, section 25(3) in relation to the staII assisting the Director, that is
to say:
(a) The powers oI the head oI service relating to the appointment, engagement and
employment oI people; and
(b) The powers oI a director-general.
The Act ensures that the Director`s prosecuting role is independent oI the police and other
investigative agencies.
The Director has complete independence in relation to the operations oI his OIIice.
The Act requires the Director and Attorney General to consult with each other, iI required,
concerning the Iunctions and powers oI the Director. The Attorney General may give directions
to the Director, but any such directions must not be given without prior consultation; must be in
writing and be presented to the Legislative Assembly; and be oI a general nature only and not
reIer to a speciIic case.










Functions oI the Director oI Public Prosecutions
The principal duties oI the Director are:
O to institute and conduct prosecutions, both summary and indictable;
O to institute and respond to appeals;
O to assist the coroner in inquests and inquiries;
O to restrain and conIiscate assets used in, or derived Irom, the commission oI criminal
oIIences; and
O to provide advice to the police and other investigative agencies.
The Director has some important statutory Iunctions, including:
O to institute a prosecution on indictment where there has been no committal Ior trial
(known as an ex oIIicio indictment);
O to decline to proceed Iurther in a prosecution and bring it to an end;
O to take over and conduct, or discontinue, prosecutions instituted by another person (other
than the Attorney General);
O to give to a person an undertaking that speciIied evidence will not be used against them,
or that they will not be prosecuted Ior a speciIied oIIence or conduct; and
O to give directions or Iurnish guidelines to the chieI police oIIicer and other persons
speciIied in the Act, including investigators and prosecutors.
n prosecuLlng maLLers Lhe ulrecLor acLs on behalf of Lhe SLaLe 1he u musL also ensure LhaL
approprlaLe conslderaLlon ls glven Lo Lhe concerns of vlcLlms of crlme