The CDPP aims to advance the interests of social justice and equity by working with other agencies to enforce the criminal law for the benefit of all members of the community, and to ensure that alleged offenders and other people affected by the criminal justice process are treated fairly.
The CDPP prosecutes offences against the laws of the Commonwealth covering wide subject areas including drug importations and money laundering, fraud on the Commonwealth involving tax, social security and medifraud, and people smuggling. In more recent times, the areas of the work of the CDPP have expanded. The CDPP also now prosecutes offences in the areas of terrorism, child sex tourism, online child sexual exploitation, and people trafficking including sexual servitude and slavery. Traditionally, in terms of numbers of prosecutions, much of the CDPP’s work has not involved crime directed at individual victims. However, with the introduction of a range of new offences an increased number of Commonwealth offences involve individual victims.
The Prosecution Policy of the Commonwealth sets out the criteria governing the decision to prosecute, and specifically addresses victims. In addition to consideration of the prospects of conviction, the prosecutor must consider whether, in the light of the provable facts and the whole of the surrounding circumstances, the public interest requires a prosecution to be pursued. Paragraph 2.10 of the Prosecution Policy identifies factors which may arise for consideration in determining whether the public interest requires a prosecution. These include:
The CDPP has a Victims of Crime Policy which states that it is important that CDPP staff treat victims with courtesy, dignity and respect. The CDPP recognises that in matters where there is a victim, that person has an important role in the prosecution process. The CDPP does not act on behalf of a victim as solicitors act for their clients. In carrying out its functions, the CDPP acts on behalf of the whole community. The role of the victim in the prosecution will depend on the circumstances of the case.
The Victims of Crime Policy addresses a number of matters including that victims should, on request, be kept informed of the progress of the prosecution in a timely manner, including:
Victims should be advised about the prosecution process, that is, the various stages in a matter being heard before a court. Where a victim may be required to give evidence, any inconvenience to the victim should be minimised, as far as possible. Victims should also be advised in relation to their role as a witness.
In people trafficking matters the Commonwealth has established the Support for Victims of People Trafficking Programme coordinated by the Office for Women. In relation to participating in the court process the CDPP has engaged appropriate support services when required.
Section 21B of the Crimes Act 1914 provides that in relation to federal offences the court may, in addition to the penalty, if any, imposed upon the person, order the offender to make reparation to any person, by way of money payment or otherwise, in respect of any loss suffered by the person as a direct result of the offence. The section further provides that where a certificate has been signed by an officer of the court specifying certain matters, the certificate is enforceable in all respects as a final judgement of the court in favour of that person.
The general sentencing principles contained in section 16A(2) of the Crimes Act 1914 provide that in addition to any other matters, the court must take into account where relevant and known to the court, the personal circumstances of any victim of the offence, as well as any injury, loss or damage resulting from the offence. The CDPP is responsible for presenting relevant material to the court in relation to the impact of the offence on the victim. The CDPP is also responsible for presenting relevant material to the court at other stages of the prosecution process where this is appropriate.
The court must also take into account matters personal to the offender, such as their character, antecedents, age, means and physical or mental condition. In this way, there is legislative provision in relation to taking into account matters relevant to victims and accused persons.
The CDPP recognises that victims of Commonwealth offending have a place in the criminal justice system. It is important that victims understand the criminal process and their role in that process. The responsibility for informing victims about that process falls on both investigative and prosecution agencies.
In November 2008 the CDPP established a Witness Assistance Service (WAS) with the engagement of a Witness Assistance Officer who is located in the Sydney Office. This officer has provided assistance to witnesses in the Sydney Office and acted as a resource for other offices. In addition this Witness Assistance Officer has assisted in developing resources and materials for witnesses nationally and in the implementation of the Victims of Crime Policy. A range of information and support services were provided to those who were referred to the WAS including court tours; support at court; referrals to support services; and assistance with Victim Impact Statements.
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