Criminal Prosecution Overview
The criminal prosecution process can be long and complex, and involves a host of people, ranging from investigators, prosecutors and court staff to the defendant and their solicitors.
Crown Prosecutors
Crown Prosecutors are barristers who appear in court on behalf of the Director of Public Prosecutions (ODPP).
Crown Prosecutors are statutory appointments made by the Attorney General pursuant to the Crown Prosecutors Act 1986.
Most Crown Prosecutors appear in criminal jury trials in the District Court and Supreme Court.
They also appear on behalf of the Director on conviction and sentence appeals in the Court of Criminal Appeal and the High Court of Australia.
In a criminal trial the Crown Prosecutor represents the community. Their role is to assist the court and the jury to arrive at the truth and to do justice between the community and the accused. They are required to lay before a jury all the credible evidence considered relevant to what is alleged to be a crime.
In addition to appearing in court, Crown Prosecutors settle and determine the appropriate charges and provide legal advice to the Director on a wide range of issues, including whether there is sufficient evidence to justify proceeding with a particular prosecution or whether the proceedings should be terminated.
Crown Prosecutors are often ‘instructed’ at trial by solicitors from the ODPP.
The Director of Public Prosecutions (ODPP)
The NSW Office of the Director of Public Prosecutions (ODPP) prosecutes serious crimes under NSW law on behalf of the community.
These are called ‘indictable’ offences.
We are an independent agency and make all prosecution decisions independently and according to our Prosecution Guidelines.
The ODPP does not investigate crime – they take matters over from NSW Police and other investigative agencies, including the Independent Commission Against Corruption, after they have completed their investigations.
In court the ODPP represent the community, and must act with fairness and to establish the truth.
Functions:
As the State’s independent prosecutor, the ODPP:
- decides whether a prosecution should proceed, based on the public interest and the available evidence
- ensures the charges laid are supported by the evidence
- prepares cases and presents them in court.
Criminal Lawyers
Lamont Law specialise in criminal law.
If you have been charged with a criminal offence, you need expert legal advice.
Call us anytime on 1300 365 075 to book a free initial consultation.
Our lawyers have a proven track record of excellence.
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Why Choose Lamont Law
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Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
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Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
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Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
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Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
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