ANNUAL REPORT 2007/08 DIRECTOR OF PUBLIC PROSECUTIONS OFFICE OF PUBLIC PROSECUTIONS COMMITTEE FOR PUBLIC PROSECUTIONS SERVING JUSTICE SERVING THE COMMUNITY CONTENTS Victoria’s prosecution service 3 ANNUAL REPORT OF THE DIRECTOR OF PUBLIC PROSECUTIONS 6 Message from the Director of Public Prosecutions 7 Appeals against sentence in 2007/08 8 Celebrating 25 years of service to the Victorian community 11 Victoria’s Crown Prosecutors: a new era begins 12 ANNUAL REPORT OF THE OFFICE OF PUBLIC PROSECUTIONS 15 Message from the Solicitor for Public Prosecutions 16 What we do 19 Our people 20 The OPP’s legal practice and organisational structure 22 Delivering a high quality, effective prosecution service 25 Pioneering a new approach to prosecuting sex offences 39 Reducing delays in the criminal justice system 43 Supporting victims and witnesses 46 Infl uencing legal policy and law reform 49 Building a distinctive, high-performing prosecution practice 53 ANNUAL REPORT OF THE COMMITTEE FOR PUBLIC PROSECUTIONS 61 2007/08 Committee Report 62 FINANCIAL REPORT OF THE OFFICE OF PUBLIC PROSECUTIONS* 63 2007/08 Financial Report 64 APPENDICES* 89 2007/08 Appendices 90 * These sections are available on CD in some versions of this report This report presents: • The 2007/08 Annual Report of the Director of Public Prosecutions pursuant to section 12 of the Public Prosecutions Act 1994 • The 2007/08 Annual Report of the Committee for Public Prosecutions pursuant to section 45 of the Public Prosecutions Act 1994 Annual Report development • The 2007/08 Annual Report of the Offi ce Offi ce of Public Prosecutions of Public Prosecutions pursuant to the 565 Lonsdale Street Financial Management Act 1994. Melbourne Victoria 3000 Full fi nancial statements for the Offi ce of Public Prosecutions are Writing and editorial services: provided in this report. JF Communications Additional information about the Offi ce of Public Prosecutions can be viewed at: Design and production: www.opp.vic.gov.au X2 Design VICTORIA’S PROSECUTION SERVICE • The Director of Public Prosecutions THE OFFICE OF PUBLIC investigated by Victoria Police, the OPP (DPP), the Solicitor for Public Prosecutions PROSECUTIONS (OPP) prosecutes serious offences investigated (SPP), the Offi ce of Public Prosecutions The Offi ce of Public Prosecutions by a range of other agencies, including (OPP) and Crown Prosecutors form represents the DPP. Operating like a WorkSafe, VicRoads, Corrections Victoria’s public prosecution service. This large legal fi rm with the DPP as its only Victoria, Consumer Affairs Victoria, the service prosecutes people charged with client, the OPP prepares cases for the DPP Environment Protection Authority and serious crimes in Victoria and conducts against people charged with serious crimes various government departments. these prosecutions in a spirit of fairness and then presents these cases in court and independent of the government of the using in-house Crown Prosecutors or by CROWN PROSECUTORS day. The core functions of the service are: briefi ng barristers from the Victorian Bar. Victoria’s Crown Prosecutors are • advising the police on cases for possible The head of the OPP is the Solicitor statutory appointees who appear in prosecution for Public Prosecutions (who is appointed court to represent the State of Victoria • reviewing cases submitted by the police by the Governor in Council). The OPP in criminal cases. They are barristers for prosecution is an independent statutory authority who work alongside the Offi ce of Public • determining the charge where a decision comprising the Solicitor for Public Prosecutions, effectively acting as the is made to prosecute Prosecutions and a staff of solicitors, legal OPP’s in-house counsel. • preparing cases for court executives, legal support and corporate Crown Prosecutors present the • presenting cases in court services staff. The OPP administers the case against an accused person in the • supporting victims and witnesses budget for both the OPP and DPP. Magistrates’ Court, County Court and through the prosecution process The OPP also prosecutes matters the Supreme Court. They also represent • where appropriate, making applications whenever the Supreme Court and County the Crown in the High Court and the to confi scate assets that have been Court goes “on circuit” to conduct hearings Court of Appeal. They provide advice used in the commission of a crime or in locations across regional Victoria. on prosecuting cases to the Director of purchased with the proceeds of crime. In conducting prosecutions, the OPP Public Prosecutions, the Solicitor for Public The work of the DPP, SPP and OPP is provides advice to the police and other Prosecutions and staff of the OPP, and governed by many factors, including agencies on prosecuting cases, negotiates make decisions about whether an accused the current law in Victoria, specifi c legal the early resolution of cases, keeps all cases person should be indicted for trial. processes that apply to particular cases, under continuous review and provides Crown Prosecutors act on behalf prosecutorial ethics, guidelines issued by support to victims and witnesses. of the Director of Public Prosecutions the DPP and discretionary decisions that As well as preparing and prosecuting and are answerable to the DPP for the are made in each case according to its facts cases, the OPP conducts and responds to performance of their duties. The day-to- and circumstances. appeals against sentencing and conviction day operations of the Crown Prosecutors’ orders of the Magistrates’ Court, responds Chambers are managed by the Chief THE DIRECTOR OF PUBLIC to applications for bail in the Supreme Crown Prosecutor. PROSECUTIONS (DPP) Court and the Court of Appeal, brings The Director of Public Prosecutions breaches of non-custodial orders back DECIDING TO PROSECUTE conducts proceedings on behalf of the before the Supreme and County Courts, In making the decision to prosecute, the State of Victoria (also known as the and conducts litigation on behalf of the DPP considers the following matters: Crown) in the County Court, Supreme DPP to confi scate assets from criminals. • Is there suffi cient evidence to justify a Court or High Court in relation to serious The OPP also provides advice to other prosecution? There must be admissible, crimes committed in Victoria. The DPP agencies and participates in law reform substantial and reliable evidence that a also conducts committal proceedings in the activities relating to prosecutions. criminal offence has been committed by Magistrates’ Court and assists the Coroner the alleged offender. with inquests. In addition, the DPP has MATTERS PROSECUTED BY THE • Is there a reasonable prospect of securing a the power to appeal against sentences in DPP AND THE OPP conviction? This includes an assessment of certain circumstances. Matters prosecuted by the DPP and the how strong the case is likely to be when In deciding whether or not to prosecute, OPP involve serious crimes or matters that presented in court. the DPP follows nationally agreed are of signifi cance to the fair and effective • Taking into account all the circumstances, guidelines and considers the interests of operation of the Victorian criminal justice does the public interest require a prosecution the victim, the suspected offender and system. In particular, the DPP prosecutes: to be pursued? Generally, the DPP will the wider community. In exercising these • homicides proceed where there is suffi cient evidence functions, the DPP must also have regard • corruption cases involving police to justify a prosecution. However, the to considerations of justice and fairness, as • serious sex offences DPP is not obliged to prosecute all well as the need to conduct prosecutions in • major commercial crimes offences and must weigh up the effi cient an effective and effi cient manner. • drug traffi cking cases and appropriate use of public resources The DPP is an independent statutory • serious driving offences, such as against factors such as the seriousness of offi cer appointed by the Governor in culpable driving the alleged offence, the availability of any Council and must be a person of no less • occupational health and safety matters alternatives to prosecution, any mitigating than eight years’ standing as a barrister and involving death or serious injury. or aggravating circumstances, the need to solicitor of the Supreme Court of Victoria. In addition to prosecuting cases deter others from committing OPP Annual Report 2007/08 3 VICTORIA’S PROSECUTION SERVICE similar offences and the attitude of the with the matter, unless the seriousness The DPP also has the power to refuse to victim to a prosecution. of the offence or the circumstances of pursue a prosecution at any stage until a • Do special considerations apply to certain the offender dictate otherwise. Similarly, verdict is reached. The DPP exercises this types of prosecution? The prosecution of there may be more effective options for power by entering a nolle prosequi with a juvenile is regarded as a severe step dealing with offenders who have a mental the court. In effect, this notifi es the court and the DPP may consider that there impairment (such as an intellectual that the prosecution will not proceed and are more effective methods of dealing disability or severe mental illness). results in the matter being discontinued. 4 Annual Report 2007/08 SUMMARY OF THE PROSECUTION AND COURT PROCESS Investigation stage Crime reported Investigation by police Charges are not fi led Police charge the