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OPP290140-1 Annual Report Cover.Indd Director of Public Prosecutions Offi ce of Public Prosecutions ANNUAL Committee for Public Prosecutions REPORT 2008/09 Contents The Year’s Highlights ONE A High Quality, Independent Prosecution Service EIGHTEEN Celebrating 25 Years TWO Supporting Victims Our People THREE and Witnesses TWENTY-TWO Summary of the Prosecution and Court Process FOUR Serving Regional Victoria TWENTY-FOUR Victoria’s Prosecution Service FIVE Infl uencing Legal Policy and Law Reform TWENTY-SIX Report of the Director of Public Prosecutions SIX Strengthening Corporate Governance and Crown Appeals Professional Capability TWENTY-EIGHT Against Sentence NINE Crown Prosecutors TEN DPP and OPP Representation on Committees and Message from the Solicitor for Advisory Groups THIRTY Public Prosecutions TWELVE Committee for Public What We Do FOURTEEN Prosecutions Annual Report THIRTY-ONE OPP Offi ce Structure SIXTEEN Summary of Financial Performance THIRTY-TWO OPP Legal Practice Structure SEVENTEEN Glossary INSIDE BACK COVER Annual Report 2008/09 This report presents: The 2008/09 Annual Report of the Director of Public Prosecutions pursuant to section 12 of the Public Prosecutions Act 1994 The 2008/09 Annual Report of the Offi ce of Public Prosecutions pursuant to the Financial Management Act 1994 The 2008/09 Annual Report of the Committee for Public Prosecutions pursuant to section 45 of the Public Prosecutions Act 1994 Full fi nancial statements for the Offi ce of Public Prosecutions are provided in this report or can be accessed at www.opp.vic.gov.au Offi ce of Public Prosecutions, 565 Lonsdale Street, Melbourne Victoria 3000 the year’s highlights Victoria’s prosecution service has been proactive and innovative in meeting its core objectives in 2008/09. It has also been a year of renewal and celebration. Among the year’s highlights are: Craig Hyland commenced as The 25th anniversary of the A major review was undertaken Solicitor for Public Prosecutions appointment of Victoria’s fi rst of regional prosecutions in March 2009. Craig was DPP was celebrated previously Assistant Solicitor (Operations) of the New South Assistance was provided Wales Offi ce of the Director of A Specialist Sexual Offences Unit to a record number of Public Prosecutions and has more was established in Geelong as witnesses and victims than 20 years’ experience in part of the OPP’s fi rst permanent regional offi ce prosecutions and postgraduate Following a number of successful qualifi cations in public Crown appeals, the Court of administration Guilty outcomes were achieved Appeal increased the sentences in 84.5 per cent of prosecutions for a range of offences, A complex organisational particularly sexual offences against young children restructure was substantially OPP staff serviced a record 8,868 completed to modernise the judge sitting days Offi ce of Public Prosecutions OPP solicitor advocates appeared (OPP) and place it at the forefront in a greater number of complex of government legal practice In cases resolved by early and varied cases resolution specialists, 97 per cent were resolved before or at The Director of Public committal mention A new fee structure for briefi ng Prosecutions (DPP) succeeded in the Victorian Bar contributed to more than 60 per cent of appeals a fi ve-year low in the amount instituted in the Court of Appeal The largest training program spent on external counsel as a on behalf of the Her Majesty in the history of the OPP proportion of overall expenditure the Crown was undertaken to prepare for the Evidence Act 2008 and the Criminal Procedure Act A new OPP corporate image Litigation resulted in the 2009, including a two-day and accompanying set of values confi scation of $15 million in Prosecutors’ Conference was developed BELOW assets used in the commission Deputy Premier of a crime or purchased with and Attorney- the proceeds of crime General, the Hon. Rob Hulls ‘The OPP is a centre of legal excellence, where the best and brightest fl ock to serve the interests of the law,’ Deputy Premier and Attorney-General of Victoria, the Hon. Rob Hulls. onE celebrating 25 years victoria’s dpps QC, and former DPPs the late John Harber Phillips AC QC John Harber Phillips AC QC, John 1983 – 1984 Coldrey QC and Paul Coghlan QC. John Coldrey QC DPP Jeremy Rapke QC, who spoke 1984 – 1991 at the dinner, said the appointment Bernard Bongiorno QC of Victoria’s fi rst DPP was a ‘truly 1991 – 1994 groundbreaking initiative and became the paradigm for other jurisdictions Geoffrey Flatman QC in Australia and overseas’. 1995 – 2001 Paul Coghlan QC ‘A prosecution agency that was entirely 2001 – 2007 independent of government and the police was, at that time, rare,’ he said. Jeremy Rapke QC 2007 – Present ‘But it was a model that was eminently sensible and appropriate th The 25 anniversary of the creation if one wanted to remove of Victoria’s – and Australia’s – fi rst prosecutions and prosecutorial independent prosecution service was decisions from the political process.’ BELOW celebrated and commemorated during First DPP, the late the year by the DPP and the OPP. John Harber Phillips AC QC Mr Phillips AC QC, who was special guest speaker at the dinner, Victoria led the way nationally in refl ected on his time as Victoria’s 1982 when the State Government and Australia’s fi rst DPP, prior to transferred prosecution decisions his appointment as Victoria’s from the executive government to an Chief Justice. independent DPP. Mr Hulls also spoke at the dinner and In celebration of this milestone, launched a commemorative book, the OPP hosted a dinner for 160 The Pursuit of Justice: 25 Years people at Parliament House. of the DPP in Victoria, which was researched and produced by the OPP. Distinguished guests included former Victorian Premier John Cain who instigated the reforms, former 25 yEars sErvicE Attorney-General Jim Kennan SC, To recognise the important contribution Deputy Premier and Attorney- of OPP staff to Victoria’s prosecution General of Victoria the Hon. Rob service, OPP staff gathered at the Hulls, Chief Justice of the Supreme Old Melbourne Gaol to mark the 25th Court the Hon. Marilyn Warren AC anniversary. On this occasion, 21 staff QC, Chief Judge of the County received awards in recognition of 25 Court the Hon. Michael Rozenes years or more of service. RIGHT Distinguished guests attended the Parliament House function our people oUr lEadErship tEam oUr staff Director of Public Prosecutions: Jeremy Rapke QC At June 30, 2009, the OPP employed 285 staff including solicitors, legal executives, legal support Solicitor for Public Prosecutions: Craig Hyland and corporate services staff. In addition 26 Crown Prosecutors acted as in-house counsel, comprising nine Chief Crown Prosecutor: Gavin Silbert SC Senior Crown Prosecutors and 17 Crown Prosecutors. Four law graduates were undertaking legal traineeships. Legal Practice Manager: Stuart Ward General Manager Corporate Services: Michael Hoyle BELOW The OPP leadership team, from left: Michael Hoyle, Stuart Ward, Jeremy Rapke QC, Gavin Silbert SC and Craig Hyland thrEE summary of prosecution and court process Investigation stage Crime reported Investigation by police Charges are not filed Police charge the defender Proceeds of crime identified and Offender held in custody (remand) Summary (less serious) offences referred to OPP for consideration or released on bail or summonsed prosecuted by police to appear in court Indictable (serious) offences forwarded to OPP for prosecution Pre-trial stage (Magistrates’ Court)* Filing hearing and committal mention May include bail application Contested committal Witnesses may be required to Discharged give evidence Straight hand-up brief DPP will review Possible (bypass committal hearing) Committed to stand trial and may take to trial trial Plea guilty Plea not guilty End of case Reserved plea Trial stage Pre-trial hearing (County or Supreme Court) Case management conference Directions hearings Possible bail applications Trial Witnesses are required to give evidence DPP will review Guilty Not guilty Hung jury and may take to retrial End of case Plea stage Plea hearing Applications for (County or Supreme Court) Victim impact statement Disposal, Forfeiture Plea guilty and Pecuniary Penalty Compensation orders may be made Sentence stage Sentence hearing (County or Supreme Court) Post sentence consider victims register End of case Appeal stage Appeals against conviction (Court of Appeal or High Court) and/or sentence Possible bail application Conviction Conviction appeal appeal dismissed allowed Sentence Sentence appeal appeal allowed and dismissed offender is End of case Possible retrial resentenced * Victims and witnesses are supported throughout the prosecution process victoria’s prosecution service Victoria’s prosecution service is Court where the DPP considers ■ advising police and other agencies responsible for preparing and a different sentence should have on cases for possible prosecution presenting cases against people been imposed and it is in the public ■ assessing what offences should be accused of serious crimes. The interest. The main consideration for prosecuted Director of Public Prosecutions instituting a Crown appeal is where (DPP), the Solicitor for Public the sentence reveals such manifest ■ preparing and presenting cases Prosecutions (SPP), the Offi ce inadequacy or inconsistency to the courts of Public Prosecutions (OPP) in sentencing standards as to ■ supporting victims and witnesses and Crown Prosecutors form the constitute error in principle. prosecution service and work ■ making applications to confi scate together to conduct criminal cases assets that have been used in with integrity and in a spirit of the commission of a crime or fairness and independence. When purchased with the proceeds carrying out their roles, both the of crime. DPP and SPP have an obligation under the Public Prosecutions Act 1994 to conduct prosecutions in Guilty outcomes were achieved in 84.5 per cent of an ‘effective, economic and effi cient crown prosEcUtors manner’ and to give appropriate prosecutions Victoria’s Crown Prosecutors are consideration to the concerns of barristers who are appointed by the victims of crime.
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