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Office of the Director of Public Prosecutions Annual Report 2019/2020  5 Report of the Director of Public Prosecutions

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Office of the Director of Public Prosecutions Annual Report 2019/2020  5 Report of the Director of Public Prosecutions Office of the Director of Public Prosecutions Annual Report 2019/2020 Letter of transmittal Contents Highlights of the year 5 Report of the Director of Public Prosecutions 6 Report of the Solicitor for Public Prosecutions 8 Report of the Senior Crown Prosecutor 10 The Office and the criminal justice system 13 Goal 1 - Deliver a high quality independent and professional prosecution service Response to COVID-19 19 Achievements 21 Confiscation of Proceeds of Crime 30 Costs awarded against the Crown 31 Goal 2 - Provide a fair, just and timely service to victims and witnesses Witness Assistance Service 33 Child Sexual Offence Evidence Program 35 Royal Commission Prosecutions 36 Goal 3 - Improve the ways we interact internally and with our criminal justice partners Law Reform 39 Committees 42 Requests and disclosure of information 44 Goal 4 - Develop, recognise and celebrate the knowledge, skills and commitment of our people Our People 47 Diversity and Inclusion and Statutory Compliance 52 Appendix A Productivity statistics 55 Appendix B Key provisions of the DPP Act 66 Appendix C Delegations 68 Appendix D Independence and accountability 69 Appendix E Internal committees 70 Appendix F Internal Audit and Risk Management Attestation 72 Appendix G Risk management and insurance activities 74 Appendix H Cyber Security Policy Attestation 75 Appendix I Chief Executive Officer Statement of Performance 76 Appendix J Chief Executive Service and Senior Executive Service 77 Appendix K Overseas travel 78 Appendix L Consultants 79 Appendix M Accounts payment performance 80 Appendix N Financial accounts 82 Appendix O Glossary 122 Appendix P Office locations 124 4 Highlights of the year A Dynamic Prosecution Service recognised for its Excellence and Leadership Efficient management of ODPP response to 73.6% Early Resolution 89.6% Finding of Guilt COVID-19 Excellence Awards 74% increase in CCA 33 staff 10 Year Award presented to 1 manager, conviction appeals; 38 staff 20 Year Award 3 teams & 5 individuals 23% in sentence appeals 10 staff 30 Year Award 1 Crown Prosecutor, 13 Crown Prosecutors 1 solicitor & 3 senior 21 Solicitor Advocates appointed, 54% internal managers appointed appointed, 90% internal promotions Magistrates promotions 854 court days saved in 35.9% of matters resolved participation in District 39% of Private Briefing in the Local Court Court Special Call Overs to women Office of the Director of Public Prosecutions Annual Report 2019/2020 5 Report of the Director of Public Prosecutions Introduction COVID-19 Performance The Office of the Director of Public On 22 March 2020, the declaration of the This reporting year, 73.6% of matters were Prosecutions has almost 800 staff spread COVID-19 pandemic changed the criminal resolved early; either finalised in the Local over ten offices. The Crown Prosecutors, Court or committed for sentence to a higher solicitors, legal support staff, Witness justice system in fundamental ways. court. A marked indicator that the Early Assistance Officers and those in Corporate Practically overnight, courts and offices Appropriate Guilty Plea (EAGP) regime Services are all committed to providing like this one had to accommodate physical is functioning well. The special call overs a fair, just and independent prosecution distancing by instituting flexible work service to the people of New South Wales. also continue to be effective mechanisms arrangements and the use of audio visual This year 89.6% of those matters that were for resolving matters prior to trial with links (AVL) in almost all communication. prosecuted in the District and Supreme 854 days of court time saved during this Four days later the Chief Justice of the Courts resolved in a finding of guilt, either reporting period. by plea or verdict of guilty. Supreme Court and the Chief Justice of the District Court announced the suspension During 2019 and 2020 my Office finalised This year also saw the introduction of of all jury trials which has resulted many a number of legislative amendments 11 matters arising out of referrals by the trials being rescheduled since that time. which impacted on the Office’s day to day Royal Commission into Institutionalised work including the Evidence Amendment Responses to Child Sexual Abuse (the Royal (Tendency and Coincidence) Act 2020 and In response to the emerging situation my Commission). A further nine prosecutions the Crimes Amendment (Special Care Office established a Central Recovery Team remain active. There have been a total of Offences) Act 2020. My Office continues (CRT) of senior executives which monitored 66 ODPP prosecutions as a consequence to actively engage in policy and law reform and acted on the advice of NSW Health of referrals or evidence given at the Royal by participating on many interagency Commission. committees and responding to government in relation to all court procedures. The calls for submissions. CRT also formulated the ODPP’s COVID-19 policies which enabled staff to work remotely EAGP This was a year of upheaval, but the work and provide them with technological and of the criminal justice system is not like During the 2019/2020 financial year my health and safety support. some other work, in that it cannot suspend Office certified 4,563 EAGP matters. The without dire consequences for those majority of all potential trial matters While primarily working from home since awaiting the outcome of the proceedings. were resolved at the case conference I am pleased to say that the introduction mid-March 2020 my prosecutors managed stage and there was a continuing trend of the COVID-19 Legislation Amendment to continue to charge certify matters, attend of pleas of guilty being entered earlier in (Emergency Measures) Act 2020, as well case cases and participated in Readiness as my Office’s response contributed to the proceedings. The higher rate of early Hearings in the District Court. We have the work of the criminal justice system appropriate guilty pleas has resulted in continuing as efficiently and effectively achieved the unthinkable and appeared only 5% of pleas of guilty on the first day as possible. remotely in courtrooms all around the State. listed for trial. 6 Senior appointments Excellence Team Award was awarded to accelerated this Office’s transition to digital the solicitors involved in the prosecution working, AVL appearances and flexible work Holly Kemp, Crown Prosecutor, Janine Lacy, of Leonard Warwick (Emily Bennett and practices. Deputy Solicitor for Public Prosecutions, Eilish Copelin) for their commitment to Lisa Viney and Michael Love, Managing one of the most complex trials this Office Our priorities for the year ahead include: Solicitors were appointed Magistrates. has ever conducted. A final Director’s Tanya Smith SC was appointed Acting Service Excellence Team Award was given • maintaining our commitment to Senior Crown Prosecutor (from February to the Newcastle Legal Support ‘Senior’ negotiating early appropriate guilty 2020) and Helen Roberts Acting Deputy Team (Wendy Brann, Graeme Roxby and pleas Director (from March 2020). This year also Petra Stoeger) for their consistent high • maintaining the continuity of senior saw the appointment of 13 new Acting level of service and commitment to this prosecutors in the settling of the Crown Prosecutors. Office over many years. appropriate charges and conducting prosecutions Business improvement Individual Director’s Awards for Excellence were also awarded to the following staff: • improving our digital capability In April 2019 the Child Sexual Offences through our intranet and case Evidence Pilot transitioned into a Program • Monika Knowles, Crown Prosecutor management system with ongoing funding. The Program now • Kate Austen, Managing Solicitor • moving towards a more paperless operates in Sydney and Newcastle District • Ashley Ward, Solicitor workplace Courts. Between 1 July 2019 and 30 June 2020, 127 new matters entered the Program • Shannon Richards, Solicitor • remaining up to date with systems and pre-recordings were completed with • Dieke Burge, Legal Support Officer. and technologies to enable digital complainants in 249 matters. The Program working and flexible work practices. continues to be monitored by the Program I thank my Deputy Directors Implementation and Monitoring Group Peter McGrath SC, Huw Baker SC, Conclusion which meets regularly. Tanya Smith SC and Helen Roberts for the ongoing support and dedication to It has been a year of unprecedented change Recognising outstanding contribution the ODPP. I also thank the Solicitor for and disruption to the usual way of doing Public Prosecutions, Craig Hyland, and the business at the ODPP. Nevertheless, we This year Natalie Weeks, Managing other members of the Solicitor’s Executive, have achieved outstanding results and Solicitor was awarded the Director’s Service Christopher Maxwell QC for his leadership my staff’s dedication to getting on with Excellence Management Award for her of the Crown Prosecutors and each of the the job during uncertain times is truly encouragement, support, flexibility and Directors of Corporate Services. commendable. mentoring of staff. Miiko Kumar, Sally Shrub and Louise O’Neil were also awarded the Looking forward Director’s Service Excellence Team Award for their dedication and hard work in an I look forward to the new challenges and exceedingly complex historical sexual opportunities that next year will bring Lloyd Babb SC assault trial. Another Director’s Service the ODPP. The COVID-19 pandemic has Director of Public Prosecutions
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