Statutory Function Statistics for 2025–2026 | Commonwealth Director of Public Prosecutions

Discontinuances in indictable prosecutions

The Director’s power to discontinue a prosecution is found in s 9(4) of the DPP Act and may be delegated to the Commonwealth Solicitor for Public Prosecutions (CSPP), National Practice Leaders (NPLs) and Senior Executive Lawyers (SELs) who make these decisions in certain circumstances. The resources available for prosecution action are finite and should not be wasted pursuing inappropriate cases.

In 2025–26, 103 indictable prosecutions were discontinued prior to committal which reflects efforts to discontinue charges at the earliest opportunity if the evidence does not meet the prosecution test in accordance with the Prosecution Policy.

There is an ongoing duty to consider whether a prosecution should continue throughout the course of a prosecution. An accused may apply or the CDPP may review its own decision to prosecute, often triggered by new evidence or circumstances being revealed which affect the decision to prosecute. A submission made to the Director to discontinue a prosecution is known as a 'no bill' application. Forty-three indictable prosecutions were discontinued following committal for trial or the filing of an Indictment.

Discontinuances in summary prosecutions

The CDPP also discontinued 95 summary prosecutions on either evidentiary or public interest grounds, and one summary prosecution for other reason.

Indemnities

The DPP Act empowers the Director to give an undertaking to a potential witness in certain circumstances:

Section 9(6) authorises the Director to undertake to a potential witness in Commonwealth proceedings that any evidence the person may give, and anything derived from that evidence, will not be used in evidence against the person, other than in proceedings for perjury.
Section 9(6B) empowers the Director to undertake to a person that any evidence he or she may give in proceedings under state or territory law will not be used in evidence against them in a Commonwealth matter.

The DPP Act also empowers the Director to indemnify persons from prosecution:

Section 9(6D) empowers the Director to undertake to a person that he or she will not be prosecuted under Commonwealth law in respect of a specified offence. This kind of undertaking is referred to as an indemnity.

During the reporting period, the Director provided 9 undertakings under section 9(6).

Ex-officio indictments

Under sections 6(2A)–(2D) of the DPP Act, the Director may institute prosecutions on indictment, referred to as ex-officio indictments. In certain circumstances, the decision to present an ex-officio indictment is delegated to the CSPP, NPLs and SELs.

The powers in ss 6(2A)–(2C) are used in circumstances where an accused consents to a prosecution on indictment without being examined or committed for trial, or where an accused, having been committed on either Commonwealth, state or territory offences, is indicted on different charges from those on which they were committed

Section 6(2D) of the DPP Act provides that, in any other case where the Director considers it appropriate to do so, they may institute a prosecution of a person on indictment for an indictable offence against the laws of the Commonwealth, in respect of which the person has not been examined or committed for trial.

During the reporting period, the Director or a delegate exercised ex-officio powers on 58 occasions.

Consent to conspiracy proceedings

The Director’s consent is required before proceedings for Commonwealth conspiracy offences can commence.

During the reporting period, the Director consented to the commencement of conspiracy charges against 20 defendants in relation to 8 alleged conspiracies.

Taking matters over and discontinuing – private prosecutions

Section 13 of the Crimes Act 1914 (Cth) protects the right for any person to bring a private prosecution in a Commonwealth matter. This right is expressly preserved under section 10(2) of the DPP Act.

Under s 9(5) of the DPP Act, the Director has the power to take over a prosecution for a Commonwealth offence that has been instituted by another person. The Director is empowered to either carry on the prosecution or, if appropriate, to discontinue it.

The Director exercised this power on 2 occasions during the reporting period.