Prosecution Performance Indicators 2024–2025

Table 1: Prosecution performance indicators for 2024–2025
Description Target Outcome Details
successful
(Total)
Prosecutions resulting in a finding of guilt (total matters) * 90% 99% 1627(1648)
Prosecutions resulting in a finding of guilt (defended matters) 70% 72% 54(75)
Prosecution sentence appeals in summary
prosecutions upheld
60% N/A N/A
Prosecution sentence appeals in a prosecution
on indictment upheld
60% 71% 5(7)

 

Table 2: Prosecution performance indicators for 2023–2025
Description Target 2024–25 2023–24
Prosecutions resulting in a finding of guilt (total matters) * 90% 99% 98%
Prosecutions resulting in a finding of guilt (defended matters) 70% 72% 67%
Prosecution sentence appeals in summary prosecutions upheld 60% N/A N/A
Prosecution sentence appeals in prosecution on indictment upheld 60% 71% 33%

* The conviction rate is calculated by taking the number of defendants convicted as a percentage of defendants convicted or acquitted. The calculation does not include defendants where the CDPP discontinued the prosecution against them in its entirety or where a prosecution has commenced and the court has issued a warrant to bring the defendant before the court.

Prosecution appeals against sentence

The Prosecution Policy of the Commonwealth provides that the prosecution right to appeal against sentence should be exercised with appropriate restraint. In deciding whether to appeal, we consider whether there is a reasonable prospect that the appeal will be successful. Factors we may consider when deciding to appeal include whether:

  • the sentence is manifestly inadequate
  • the sentence reveals an inconsistency in sentencing standards
  • the sentence proceeded on the basis of a material error of law or fact requiring appellate correction
  • the sentence is substantially and unnecessarily inconsistent with other relevant sentences
  • an appeal to a Court of Appeal would enable the court to lay down some general principles for the governance and guidance of sentencing courts
  • an appeal will enable the court to establish and maintain adequate standards of punishment for crime
  • an appeal will ensure, so far as the subject matter permits, uniformity in sentencing
  • an appeal will enable an appellate court to correct an error of legal principle.

In 2024–25, a total of seven prosecution sentence appeals were decided for indictable matters, with five of the appeals being successful. This represents an outcome of 71% of appeals being upheld, which is above our target of 60 per cent. 

Although two of the appeals were dismissed, the judgments provided useful guidance in relation to sentencing principles and in the exercise of the residual discretion on appeal.