Prosecution Process

The Office of the Director of Public Prosecutions (Cth) (CDPP) conducts most Commonwealth prosecutions in the state and territory courts of Australia. A small number of Commonwealth prosecutions are conducted in the Federal Court of Australia. The CDPP is also responsible for prosecuting offences in Jervis Bay, Norfolk Island and Australia’s external territories.

CDPP prosecutors appear in all levels of courts and are involved at all stages of the prosecution process including mentions, bail, summary hearings, committals, trials and appeals.

CDPP prosecutions are either ‘summary’ or ‘indictable’. Summary offences are dealt with by a Magistrates or Local Court. Indictable offences are dealt with in superior courts such as a District, Country or Supreme Court. Indictable matters that are contested and proceed to trial must be heard before a judge and jury. Juries in Commonwealth prosecutions must return a unanimous verdict.