Crown Prosecutors Act 1986

This Act may be cited as the Crown Prosecutors Act 1986.

Sections 1 and 2 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

Director means the Director of Public Prosecutions.

indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.

offence means an offence against the laws of the State.

part-time Crown Prosecutor means a Crown Prosecutor exercising his or her functions as a Crown Prosecutor on a part-time basis, as provided by an agreement referred to in section 4 (3A).

In this Act:

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) to any office under this Act. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.

The Governor may appoint such number of Crown Prosecutors as the Governor thinks necessary.

A person is not eligible to be appointed as a Crown Prosecutor unless the person is an Australian lawyer.

A Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Crown Prosecutor is eligible (if otherwise qualified) for reappointment.

A Crown Prosecutor shall have and may exercise the functions conferred or imposed on Crown Prosecutors by or under this or any other Act.

A Crown Prosecutor may, by agreement in writing entered into with the Director of Public Prosecutions, exercise his or her functions as a Crown Prosecutor on a part-time basis.

A Crown Prosecutor is responsible to the Director for the due exercise of the Crown Prosecutor’s functions.

Schedule 1 has effect.

The Governor may appoint a Senior Crown Prosecutor.

A person is not eligible to be appointed as Senior Crown Prosecutor unless the person is an Australian lawyer.

The Senior Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. The Senior Crown Prosecutor is eligible (if otherwise qualified) for reappointment.

The Senior Crown Prosecutor has such functions in connection with the work of Crown Prosecutors as the Director determines.

The Senior Crown Prosecutor also has all the functions of a Crown Prosecutor and is taken to be a Crown Prosecutor.

The Senior Crown Prosecutor is responsible to the Director for the due exercise of the Senior Crown Prosecutor’s functions.

The Governor may appoint one or more Deputy Senior Crown Prosecutors.

A person is not eligible to be appointed as Deputy Senior Crown Prosecutor unless the person is an Australian lawyer.

A Deputy Senior Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Deputy Senior Crown Prosecutor is eligible (if otherwise qualified) for reappointment.

A Deputy Senior Crown Prosecutor has such functions in connection with the work of Crown Prosecutors as the Director determines.

A Deputy Senior Crown Prosecutor also has all the functions of a Crown Prosecutor and is taken to be a Crown Prosecutor.

A Deputy Senior Crown Prosecutor is responsible to the Senior Crown Prosecutor for the due exercise of the Deputy Senior Crown Prosecutor’s functions.

The functions of a Crown Prosecutor are:

to conduct, and appear as counsel in, proceedings on behalf of the Director,

to find a bill of indictment in respect of an indictable offence, whether or not the person concerned has been committed for trial in respect of the offence,

to advise the Attorney General or Director in respect of any matter referred for advice by either of them, and

to carry out such other functions of counsel as the Attorney General or Director approves.

Functions under subsection (1) (b) shall be exercised in the name and on behalf of the Director.

A Crown Prosecutor does not have the function of determining that no bill of indictment be found or directing that no further proceedings be taken against a person.

The Director may make arrangements or give directions for the disposition of the work of the Crown Prosecutors.

If a Crown Prosecutor, with the consent of the Attorney General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth, the Crown Prosecutor may institute and conduct (in accordance with the terms of the appointment, commission or authority) prosecutions for such offences.

The Attorney General may make arrangements with the Director for the secondment of Crown Prosecutors to act as Public Defenders or to assist in the conduct of inquiries or investigations under the Royal Commissions Act 1923 or the Independent Commission Against Corruption Act 1988 or other such inquiries or investigations.