Commonwealth Director of Public Prosecutions

Prosecution Performance Indicators

Prosecution Performance Indicators

In 2015–16, we met all 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 a prosecution on indictment upheld.

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

  • prosecution sentence appeals in summary prosecutions upheld.

This outcome was affected by the small numbers of appeals involved—there were four prosecution sentence appeals in summary prosecutions.

 

Table 1: Prosecution performance indicators for 2015-2016 – National Totals
DescriptionTargetOutcomeDetails[successful (total)]
Prosecutions resulting in a conviction*90%97%2,403 (2,473)
Defendants in defended summary hearings resulting in conviction60%64%52 (81)
Defendants in defended committals resulting in a committal order80%99%307 (309)
Defendants tried on indictment and convicted60%69%91 (132)
Prosecution sentence appeals in summary prosecutions upheld60%77%10 (13)
Prosecution sentence appeals in a prosecution on indictment upheld**60%25%1 (4)

 

Table 2: Prosecution performance indicators for 2013-2014 and 2014-2015 − National Totals
DescriptionTarget2014-15**
Outcome
2015-16
Outcome
Prosecutions resulting in a conviction*90%98%97%
Defendants in defended summary hearings resulting in conviction60%77%64%
Defendants in defended committals resulting in a committal order80%99%99%
Defendants tried on indictment and convicted60%70%69%
Prosecution sentence appeals in summary prosecutions upheld60%68%77%
Prosecution sentence appeals in a prosecution on indictment upheld60%67%25%

Notes:

* 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 in its entirety or where a prosecution has commenced and the defendant failed to appear before a court.

** The number of cases on which the percentages were calculated is published in our PDF icon 2014-2015 CDPP Annual Report.

 

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 will enable the court to lay down some general principles for the governance and guidance of sentencers
  • an appeal will enable the court to establish and maintain adequate standards of punishment for crime
  • an appeal will ensure, as far as the subject matter permits, uniformity in sentencing
  • an appeal will enable an appellate court to correct an error of legal principle.

In 2015–16 a total of 14 prosecution appeals against sentence in indictable matters were decided. Of those, 11 were upheld while three were dismissed.

Further information is detailed in the PDF icon 2015-2016 CDPP Annual Report.