The CDPP has no investigation power or function. The decision to investigate matters and the decision to refer matters to the CDPP is a decision for the referring agency.The CDPP depends upon the referring agency to investigate offences and prepare briefs of evidence to support prosecution and assets recovery.
The decision as to what to investigate and how scarce investigative resources will be allocated is a matter for each investigative agency. That decision will usually be made on the basis of each agency’s enforcement policy, the perceived regulatory message desired to be conveyed to the community, the nature of the conduct and the circumstances surrounding the perceived offending. Commonwealth offending can often involve very large and complex briefs of evidence and the CDPP is available to provide legal advice to investigative agencies, but the decision whether to investigate a matter and refer that matter to the CDPP is a matter for each investigative agency to be determined by its priorities and resources.
It is the role of the CDPP to consider briefs of evidence referred by investigating agencies. Prosecution decisions are taken independently of those who were responsible for the investigation. If charges have already been laid without the matter first being referred to the CDPP, for example where a person has been arrested by an investigating official, the CDPP will consider whether that charge should be maintained and how the matter should proceed.
It is the CDPP’s role to examine the brief and determine whether a prosecution should be instituted on the basis of the available admissible and reliable evidence. Prosecution decisions are taken in accordance with the Prosecution Policy of the Commonwealth after assessing briefs of evidence compiled after a matter has been investigated.
There are important policy reasons behind the separation between the functions of investigation and prosecuting. Some of the main reasons for the separation between investigation and prosecution are:
The CDPP regularly accepts briefs of evidence from over forty referring agencies. For the most part, these investigative agencies and departments are Commonwealth entities. The CDPP has productive working relationships with referring agencies and departments. Agencies such as the Australian Federal Police, the Australian Crime Commission, Centrelink, the Australian Customs Service and the Australian Taxation Office refer large numbers of matters to the CDPP every year. In addition, the CDPP also receives matters from a range of other Commonwealth entities such as Australia Post, Medicare Australia, the Civil Aviation Safety Authority, the Australian Maritime Safety Authority, the Department of the Environment and Heritage and the Department of Immigration and Citizenship.
The CDPP aims to provide each of the investigating agencies with the support that the agency requires in order to efficiently investigate offences. The CDPP and the investigating agency work closely together to ensure that prosecution action is as effective as possible.
The CDPP aims to support investigating agencies in a number of ways. For example, the CDPP aims to provide timely, accurate and useful legal advice to investigators in particular matters, when it is requested by agencies. Often this advice is sought and provided at an early stage of the investigation, particularly if the case is of a complex nature. The CDPP also provides regular training to investigating agencies on a range of general matters, such as the effect of new legislation, legal practice and procedure, and the prosecution of particular types of offences.
Prosecutions are conducted in accordance with the Prosecution Policy of the Commonwealth.