Commonwealth Director of Public Prosecutions

Prosecution Performance Indicators

Prosecution Performance Indicators

In 2018–19, we met all of the following prosecution performance indicators:

  • prosecutions resulting in a conviction
  • defendants in defended summary hearings resulting in a conviction
  • defendants in defended committals resulting in a committal order
  • defendants tried on indictment and convicted 
  • prosecution sentence appeals in summary prosecutions upheld.


However, we did not meet the following prosecution performance indicator:

  • prosecution sentence appeals in a prosecution on indictment upheld.
Table 1: Prosecution performance indicators for 2018–19, National Totals
DescriptionTargetOutcomeDetails
successful
(Total)
Prosecutions resulting in a conviction*90%97%1,691 (1,736)
Defendants in defended summary hearings
resulting in conviction
60%69%33 (48)
Defendants in defended committals resulting
in a committal order
80%98%241 (246)
Defendants tried on indictment and convicted70%72%79 (109)
Prosecution sentence appeals in summary
prosecutions upheld
60%67%2 (3)
Prosecution sentence appeals in a prosecution
on indictment upheld
60%50%6 (12)

* 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.

 

Table 2: Prosecution performance indicators for 2016–17 and 2018–19
DescriptionTarget2016–172017–182018–19
Prosecutions resulting in a conviction*90%99%99%97%97%
Defendants in defended summary hearings
resulting in conviction
60%73%73%81%69%
Defendants in defended committals resulting in a
committal order
80%99%99%99%98%
Defendants tried on indictment and convicted60%85%85%59%72%
Prosecution sentence appeals in summary
prosecutions upheld
60%100%100%100%67%
Prosecution sentence appeals in prosecution on indictment upheld60%45%45%56%50%

* 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 2018–19, a total of 12 prosecution appeals against sentence in indictable matters were decided. Of those, 6 were upheld while 6 were dismissed. Three prosecution appeals against sentence in summary matters were also decided, 2 were upheld.