How does the CDPP decide whether or not to prosecute a matter?

We will go ahead with a prosecution if we can answer ‘yes’ to two questions:

• Are there reasonable prospects of the accused being found guilty?
• Is it in the public interest to start a prosecution?

Our prosecutors assess briefs referred to the CDPP in accordance with the Prosecution Policy of the Commonwealth.

What is the Right to Review?

There is generally no right to review a decision. 

The only exception are cases where it’s been decided not to start or to stop a child sexual abuse matter, where a child has made the complaint. In this instance, the CDPP may be asked to review the decision.

• Before a decision is made, the victim is consulted and the matter is discussed by senior prosecutors within the CDPP.

• If a case doesn’t go ahead, the reasons are always explained to victims.

What is a Statement of Facts?

A Statement of Facts summarises what happened when the crime is said to have taken place. The facts are prepared by the prosecutor and provided to the accused’s lawyer.