When an investigating agency sends the evidence to the CDPP (called a brief of evidence) a lawyer with the assistance of a supervising lawyer will look at all the evidence and assess if the evidence is enough to prove that an offence has been committed.
The decision is always made with consideration of the Prosecution Policy.
When evaluating the evidence the prosecution policy of the CDPP forms the basis of any assessment.
What is considered are 2 questions:
- Are there reasonable prospects of getting a conviction and
- Is it in the public interest to commence a prosecution.
If the answer is yes to both questions, a prosecution will start, if the answer is no to either question then no prosecution will start.
Before a decision is made, the view of the investigator and his/ her agency as well as that of the victim will always be sought. Those views are always taken into consideration.
There is no right to review a decision.
Before a decision is made, the lawyer assigned the case needs to consult with a supervising lawyer and on occasion the final decision can be made by senior lawyers and managers in the CDPP.
If no prosecution is commenced a victim will be advised and informed of the reasons of the decision.
The statement of facts is a document that contains a summary of the conduct of an offender as well as relevant facts in relation to the offence a person has been charged with.
In the event that an offender pleads guilty, the statement of facts is a document that is placed before a sentencing judge. The facts are agreed to by the prosecutor and the offenders lawyer. This will inform the sentencing judge of what it is that the offender has done and will be part of a number of factors the judge will take into consideration when deciding the sentence to be imposed.
The statement of facts cannot contain information that is not relevant to the offence with which a person has been charged.
Related docs: CDPP Feedback and Complaints National Legal Direction.
https://www.cdpp.gov.au/sites/g/files/net2061/f/NLD-Feedback%20and%20Complaints.pdf
Victims of Crime policy
Please make a link to the Prosecution policy of the CDPP