Director of Public Prosecutions Offi ce of Public Prosecutions Committee for Public Prosecutions ANNUAL REPORT 2010/11 Offi ce of Public Prosecutions 565 Lonsdale Street, Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au OPP100265-1 Annual Report Spine Cover.indd 1 8/09/11 4:05 PM Contents QC Queen’s Counsel RCSI Recklessly cause serious injury ONE THis YEAR’S HIGHLIGHTS SC Senior Counsel TWO VICTORIA’S PROSECUTION SERVICE FOUR REPORT OF THE DIRECTOR OF PUBLIC PROSECUTIONS Solicitor A lawyer who prepares a matter for court SIX REPORT OF THE CHIEF CROWN PROSECUTOR Solicitor Advocate An OPP solicitor who appears in court on behalf of the DPP EIGHT MESSage froM THE SOLICItor for PUBLIC PROSECUTIONS TEN OPP OFFICE STRUCTURE SPP Solicitor for Public Prosecutions ELEVEN OPP LEGAL PRACTICE STRUCTURE SSOU Specialist Sex Offences Unit TWELVE OVERVIEW OF THE OPP FOURTEEN ADVOCACY AND BRIEFING Supreme Court The superior court in Victoria that hears the most serious matters FIFTEEN COMPLEX CRIME Trial A hearing in the County or Supreme Court before a judge and jury SIXTEEN AUDIO-VISUAL SEVENTEEN PRINCIPAL PROSECUTIONS Victim Impact A statement made by a victim of crime to the court when an offender is being sentenced EIGHTEEN VICTIMS STRATEGY AND SERVICES Statement NINETEEN SPECIALIST SEX OFFENCES UNIT VPFSD Victoria Police Forensic Services Department TWENTY REGIONAL PROSECUTIONS TWENTY SENTENCE REVIEWS VSA Victims Support Agency, Department of Justice TWENTY-TWO PROCEEDS OF CRIME VSSD Victims Strategy and Services Directorate TWENTY-THREE APPEALS TWENTY-FOUR POLICY AND ADVICE WAS Witness Assistance Service TWENTY-SIX CORPORATE SERVICES Witness A person who appears in a court to tell what they know about a crime or other event TWENTY-EIGHT DPP AND OPP REPRESENTATION ON COMMITTEES AND ADVISORY GROUPS TWENTY-NINE SUMMARY OF FINANCIAL PERFORMANCE THIRTY SUMMary OF THE COURT AND proSecutION proceSS THIRTY-ONE COMMITTEE FOR PUBLIC PROSECUTIONS ANNUAL REPORT THIRTY-TWO FINANCIAL REPORT ONE HUNDRED GLOSSARY ANNUAL REPORT 2010/11 The 2010/11 Annual Report of the Committee This document includes: for Public Prosecutions pursuant to section 45 of the Public Prosecutions Act 1994 The 2010/11 Annual Report of the Director of Public Prosecutions pursuant to section 12 of the Full financial statements for the Office of Public Prosecutions Public Prosecutions Act 1994 are either provided in this report or can be accessed at www.opp.vic.gov.au The 2010/11 Annual Report of the Office of Public Prosecutions pursuant to the Financial Management Office of Public Prosecutions Act 1994 565 Lonsdale Street, Melbourne Victoria 3000 ACCOUNTABLE OFFICER’s declARATION In accordance with the Financial Management Act 1994, I am pleased to present the Office of Public Prosecutions Annual Reportfor the year ending 30 June 2011. Cover printed on paper consisting of 50% post consumer recycled waste and 50% FSC certified fibre. Text printed on paper consisting of Craig Hyland 100% recycled post consumer content Solicitor for Public Prosecutions FSC certified and carbon neutral. Office of Public Prosecutions 31 August 2011 101 OPP100265-1 Annual Report Spine Cover.indd 2 8/09/11 4:05 PM This Year’s Highlights The Director of Public Prosecutions, the Solicitor for Public Prosecutions, the Offi ce of Public Prosecutions and Crown Prosecutors together form Victoria’s prosecution service. They work together to prosecute people accused of serious crime in Victoria. In 2010/11 the Offi ce of Public Prosecutions achieved signifi cant results, demonstrating an effective, economic and effi cient prosecution service. An IT infrastructure Training to criminal upgrade began, providing justice stakeholders Guilty outcomes were a more secure, reliable increased. achieved in 88 per cent and effi cient network. of matters – the highest level in 15 years. Female advocates were Super circuits briefed in 48 per cent of successfully tackled prosecutions. Twenty-three per cent of court backlogs in cases were fi nalised at regional Victoria. trial – the lowest level in The OPP appeared eight years. in 67 per cent more A national conference appeals compared to the was hosted for victim OPP solicitors and previous year. support workers. Crown Prosecutors attended 9,125 court sitting days – the highest number in 10 years. Court appearances by OPP Solicitor Advocates doubled compared to the previous year. Criminals’ assets worth about $20 million were confi scated – a record amount. The OPP’s Witness Assistance Service conducted 6,389 consultations with victims and witnesses. ONE Annual Report final.indd 1 8/09/11 4:45 PM Victoria’s Prosecution Service The Director of Public Prosecutions (DPP), the Office of Public Prosecutions (OPP) under the direction of the Solicitor for Public Prosecutions (SPP), and the Crown Prosecutors’ Chambers work together to prosecute serious crime on behalf of the people of Victoria. They are each independent of government and are appointed by the Governor in Council. The DPP and SPP each report directly to the Attorney-General. Attorney-General Director of Solicitor for Chief Crown Prosecutor Public Prosecutions Public Prosecutions Senior Crown Prosecutors Office of Crown Prosecutors Public Prosecutions Associate Crown Prosecutors Legal Practice/Corporate Services Under the Public Prosecutions Act 1994, when conducting criminal prosecutions, the OPP must consider justice and fairness; be effective, economic and efficient; and consider the concerns of victims of crime. Annual Report final.indd 2 8/09/11 4:45 PM Director of Solicitor for Crown Prosecutors Public Prosecutions Public Prosecutions Victoria’s Crown Prosecutors, The DPP is an independent The SPP, an independent statutory appointed by the Governor in statutory officer appointed by the officer appointed by the Governor in Council, appear on behalf of the Governor in Council. The DPP is Council, is responsible for managing Crown in criminal matters in the responsible for: the budget and staff of the OPP. Magistrates’, County and Supreme Courts. They are managed by the • conducting committal The SPP’s role is focused on leading Chief Crown Prosecutor. proceedings in the Magistrates’ and driving change in the OPP, and Court contributing to change across the Crown Prosecutors are co-located • prosecuting serious crime in criminal justice system. with the OPP and work closely with Victoria’s County and The SPP is responsible for briefing OPP solicitors, however they are not Supreme Courts OPP employees. Crown Prosecutors, private • conducting criminal appeals in barristers and inhouse Solicitor As the DPP is not personally able the County Court, the Court of Advocates to appear in court on to make every decision in every Appeal and the High Court. behalf of the DPP. matter, Crown Prosecutors have Victoria Police and government delegation to indict accused persons In the performance of these agencies such as WorkSafe and the functions, the SPP ensures that for trial and resolve matters as pleas Office of Police Integrity investigate of guilty. They prosecute the most appropriate consideration is given to serious crime, file charges and refer the concerns of victims of crime. complex and important matters. matters to the DPP. Matters prosecuted by the DPP include: Office of • murder Public Prosecutions • major sex offences • drug trafficking The OPP is an independent • major commercial crime statutory entity and is Victoria’s • serious assaults largest criminal legal practice. • aggravated burglaries OPP solicitors prepare and instruct • serious driving offences, in matters briefed to Crown such as culpable driving Prosecutors, the OPP’s Solicitor • occupational health and safety Advocates and barristers from the matters involving death or Victorian Bar. serious injury Complementing the core • corruption involving police prosecution work, OPP solicitors or lawyers. and staff: The DPP is responsible for key • conduct committals in the decisions including whether to Magistrates’ Court prosecute, what the charges should be, whether a matter should be • support victims and witnesses withdrawn or discontinued, if an • apply for the confiscation of the application should be made to proceeds of crime confiscate property associated with • conduct appeals in the higher crime, and whether to appeal. courts • bring breaches of custodial Less serious summary matters are orders before the courts prosecuted by Victoria Police in • provide advice on law reform the Magistrates’ Court, however the DPP can prosecute summary • provide advice on charges and offences in certain circumstances, evidentiary issues to police and and also finalise some indictable other agencies. matters in the Magistrates’ Court. While the DPP is the legal decision maker, he does not have administrative responsibility for the OPP. THREE Annual Report final.indd 3 8/09/11 4:45 PM Report of the Director of Public Prosecutions The data in the Offi ce of Public Prosecutions (OPP) annual report underscores the extraordinary effectiveness and effi ciency of the OPP during the past year. Although no prosecution agency should be driven by statistical outcomes, it is pleasing to see that, contrary to some uninformed and mendacious comments, the quality of work by the OPP was not affected by extraneous events. The hard-working staff of the Offi ce did not allow themselves to be distracted from performing their important work on behalf of the people of Victoria and I thank them for their dedication. Guilty outcomes as a percentage of matter completions, guilty pleas as a percentage of matter completions, the number of victim and witness referrals and consultations, and the number of days in court by Crown Prosecutors are all above average. Indeed some are at all-time highs. Victoria’s prosecution service remains one of the most professional, committed and effective such agencies in Australia. Its contribution to the maintenance of law and order in society and the safety of all Victorians should be acknowledged. It remains a great pity that the conditions in which the staff are required to work are of such a poor standard.