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:
