Policies Contents Page
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Listing of policies.
1. Prosecutorial Ethics
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Generally covers issues relating to prosecutorial ethics and duties. Many of the issues are covered in more detail in other, specific Director’s policies.
2. The Prosecutorial Discretion
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Discusses and provides guidance for discretionary decision making in the prosecutorial process.
3. Indemnities and Undertakings
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Provides guidance on the granting of indemnities or undertakings to an offender, or witness, whose evidence would be self-incriminatory but is necessary in order to secure the conviction of a principal offender.
4. Interstate Extraditions
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Discusses the main discretionary criteria for interstate extraditions under the provisions of Part 5 of the Service and Execution of Process Act 1992.
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Sets out disclosure obligations covering the disclosure of material the prosecution intends to use to prove its case; material affecting credibility or reliability of a prosecution witness; and unused materials (i.e. material collected in the course of the investigation by police that the Crown does not intend to use to prove its case).
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Outlines the procedures relating to the jury selection process and provides guidance on how the Crown discharges its role in the process. The policy in particular addresses the procedures set out in part 6 of the Juries Act 2000 (s 36–39).
8. The Provision of Support Persons to Witnesses
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Defines that special arrangements can be made for the giving of evidence by children, persons with a cognitive impairment and adults in sexual offence matters.
9. Crown's Role on Plea and Sentence
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Discusses the role of the prosecutor and that the methods and motivations must be completely dispassionate – at all times the prosecutor remains a minister of justice, assisting the court, rather than the advocate of a particular interest.
See also: 9(A)DPP Guide: Requirements for Plea Openings
9A. DPP Guide: Requirements for Plea Openings
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The Director's expectations for plea openings.
11. Appeals by the DPP to the Court of Appeal
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Sets out the legislation relating to Director's Appeals pursuant to s 287 and s 291 of the Criminal Procedure Act 2009 and the criteria and procedures for bringing such appeals.
12. Media Policy
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Covers engagement with the media relating to the work of the DPP, the Crown Prosecutors, the OPP, and contractors engaged by any of these offices. It also covers all liaison with the media by employees and current contractors in matters unrelated to their work.
13. Human Rights
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Provides guidance around the Charter of Human Rights and Responsibilities Act 2006. It states that all staff should familiarise themselves with the Charter and its purpose, and be alert to the possible application of the rights to the work they are handling.
14. Victims and persons adversely affected by crime
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This policy sets out how the Director of Public Prosecutions expects the public prosecutions service to treat victims and persons adversely affected by crime.
15. Application of Model Litigant Guidelines
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States that the OPP will at all times behave as a model litigant in the conduct of litigation on the Director’s behalf. In 2004 the State of Victoria adopted Model Litigant Guidelines (attached as an appendix to this policy).
16. Suppression and Prohibition Orders
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This policy seeks to ensure that: suppression orders are sought by the prosecution only in appropriate circumstances and with the approval of the Director or the Chief Crown Prosecutor; the prosecution makes appropriate submissions when the defence seeks a suppression order.
17. Protocols for Prosecution of Joint State-Commonwealth Matters
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Outlines protocols for the prosecution of joint State–Commonwealth matters agreed upon in July 2007. The policy is designed to adopt the procedures described in the protocol and to address the primary issues that arise in the consideration and execution of joint State–Commonwealth prosecutions.
19. Applications Made Under the Freedom of Information Act 1982
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Discusses guidelines and procedures for Freedom of Information applications.
20. Release of Documents and Information from Prosecution Files to Private Solicitors
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Deals with how file requests are to be processed and the relevant considerations in determining whether documents and information should be provided to the applicant. Informal ‘file requests’ are to be distinguished from more formal ‘Freedom of Information’ applications.
21. Crimes (Unfitness to be Tried) Act 1997
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Discusses the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. Amendments effected by this Act represent a departure from the common law for persons found to be criminally insane or unfit to plead.
22. Director's Policy on Resolution
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This Policy sets out the DPP's expectations concerning the resolution of prosecutions by pleas of guilty.
23. Criteria for the Granting of Consent to Prosecute Charges of Gross Indecency
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Outlines relevant legislative history and discusses criteria for the granting of consent to prosecute charges of gross indecency.
24. The Giving of Reasons for Discretionary Decisions
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Affirms the Director’s willingness, in appropriate circumstances, to provide reasons for discretionary decisions made by him or on his behalf. The policy establishes criteria for determining the circumstances in which the giving of reasons will be appropriate and clarifies to whom reasons may be given.
25. General Issues Arising from the Evidence Act 2008
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Presents an understanding of the principles of the Evidence Act 2008 as set out in the legislation, law reform reports and authorities. The policy aims to assist OPP solicitors, crown prosecutors and counsel appearing on behalf of the Director.
26. Attitude to Post-Conviction Fresh Evidence, Disclosure and Avoidance of Miscarriages of Justice
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Concerns the situation where new or fresh evidence comes to the attention of OPP staff after the completion of a trial and/or appeal. It should be read in conjunction with the Director’s Policy on Disclosure (chapter 5).
27. Interlocutory Appeals
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Gives a detailed overview of the background, procedure and practice of interlocutory appeals.
28. Application for the Imposition of an Indefinite Sentence
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Describes the procedures to be followed in matters where the Director may wish to apply for the imposition of an indefinite sentence, and the factors that the Director will take into account in his consideration of that issue. It also examines issues about the imposition of sentence.
29. Proceeds of crime
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Provides a framework for the types of confiscation applications that can be made by OPP staff on behalf of the Director under the Confiscation Act 1997. The policy is not intended to be an exhaustive examination of the Act and should be read in conjunction with various regulations, rules and checklists listed.
30. Legal Advice by the OPP to External Agencies
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Sets out the procedures which must be followed by OPP staff when requests for advice (verbal or written) are received from external agencies such as Victoria Police, the Victorian Workcover Authority, interstate Directors of Public Prosecutions or the Office of Corrections.
31. Continued Detention (web policy)
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Discusses procedures and obligations under the Serious Sex Offenders (Detention and Supervision) Act 2009.
33. Tendency and Coincidence Evidence
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Replaces a previous policy which related to the common law rule excluding propensity and similar fact evidence. Propensity and similar fact evidence are now called tendency and coincidence evidence respectively. This policy should also be read in conjunction with the Director’s policy in relation to General Issues Arising Out of the Evidence Act 2008.
35. Criteria for granting of consent to extend time to prosecute under the Funerals Act 2006
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Presents criteria for the granting of consent to extend time to prosecute under the Funerals Act 2006. The Director will decide each case on its own facts and circumstances, after considering the material and applying the principles governing extension of time applications.
36. Family Violence
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Provides instructions for OPP solicitors and counsel about best practice for preparing and prosecuting family violence matters on behalf of DPP. This policy reflects the OPP’s commitment to treating victims and witnesses of family violence with dignity and respect.
37. Retrials and Reinvestigations after Acquittals
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This Policy provides guidance on when the DPP will apply for a re-trial after an acquittal and when the DPP will authorise a reinvestigation. The Policy also sets out the procedures to be followed in respect of applications for retrials after acquittals and the authorisation of reinvestigations.
38. Notifications pursuant to s 49(1) of the Coroners Act 2008
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The Coroners Act 2008 (‘the Act’) provides for the investigation of deaths and fires by coroners. Section 49(1) of the Act provides that the Principal Registrar of the Coroners Court must notify the Director of Public Prosecutions if the coroner investigating the death or fire believes an indictable offence may have been committed in connection with the death or fire.
The purpose of this Policy is to set out the processes to be followed upon receipt of an s 49(1) notification.
39. Current Sentencing Practices for Aggravated Burglary
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Hogarth v R  VSCA 302 is an important decision for sentencing in aggravated burglary cases, and will permit the evolution of new sentencing standards for this offence. This policy will facilitate a consistent Crown approach to this decision and those developing standards.
41. Expert Evidence
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This policy sets out the Director of Public Prosecution's expectations of experts engaged by the prosecution, and the prosecution in relation to expert evidence.
42. Breach of IVO Indictable offences
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The purpose of this Policy is to provide guidance to solicitors in relation to:
(a) the prosecution of the new breach offences with respect to family violence intervention orders (FVIOs) and family violence safety notices (FVSNs); and
(b) the criteria relevant to determining whether a prosecution for such an offence should proceed by way of indictment or summarily.
43. Criteria for the granting of consent to prosecution under section 47A
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Criteria for the granting of consent to prosecution under section 47A.
44. Criteria for the granting of consent to prosecution under section 321(4) and 321F(4)
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Criteria for the granting of consent to prosecution under section 321(4) and 321F(4)
45. Criteria for the granting consent to prosecution under ss 3 or 4 of Judicial Proceedings Report
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Criteria for the granting of consent to prosecution under subsection 3 or 4 of the Judicial Proceedings Report.
46. Filing of Summary Charges out of Time
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Filing of Summary Charges out of Time
47. Criteria for granting of consent to prosecution under the Racial and Religious Tolerance Act
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Criteria for the granting of consent to prosecution under the Racial and Religious Tolerance Act [2011)
48. Criteria for the granting of consent to prosecution under the Aboriginal Heritage Act
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Criteria for the granting of consent to prosecution under the Aboriginal Heritage Act.
49. Criteria for the granting of consent to prosecution pursuant to the Police Integrity Act
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Criteria for the granting of consent to prosecution pursuant to the Police Integrity Act
50. Consent to Prosecute under s.64(2)(b) Major Crime (Investigative Powers) Act 2004
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Consent to Prosecute under s.64(2)(b) Major Crime (Investigative Powers) Act 2004
51. Investigation of jury offences
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The Director's policy regarding the investigation of jury offences.
52. DPP Appeals under s.427 and s.492A CYF Act 2005
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This document is the Director of Public Prosecutions' policy on DPP Appeals pursuant to s.427 and s.429A Children Youth and Families Act 2005 (‘the CY&F Act’), and the criteria and procedures for bringing such appeals.
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This document is the Director of Public Prosecutions' policy regarding bail.
54. Course of Conduct Charges
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This is the Director’s policy on the use of course of conduct charges under clause 4A of Schedule 1 to the Criminal Procedure Act 2009 and the granting of consent to filing course of conduct charges for relevant sexual offences under sub-paragraph 12 of that clause.