Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 21

Exercise of powers in cases of conflict of interest etc.

21. Exercise of powers in cases of conflict of interest etc.



(1) If the Chief Crown Prosecutor considers it desirable in the interests of
justice that he or she should not perform certain functions or exercise
certain powers of the Chief Crown Prosecutor under this or any other Act,
whether because of the existence or possible existence of a conflict of
interest or for any other reason, he or she may report that fact to the
Director.

(2) If the Director agrees that it is in the interests of justice that the
Chief Crown Prosecutor should not perform the functions or exercise the powers
to which a report under subsection (1) relates, he or she may request a Crown
Prosecutor to perform those functions or exercise those powers.

(3) The performance of a function or the exercise of a power by a Crown
Prosecutor under this section has the same effect for all purposes as it would
have if it had been performed or exercised by the Chief Crown Prosecutor.

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