Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 3

Definitions

3. Definitions

In this Act-

Associate Crown Prosecutor means an Associate Crown Prosecutor appointed under
Part 5A;

Australian lawyer has the same meaning as in the Legal Profession Act 2004;



Chief Crown Prosecutor means Chief Crown Prosecutor appointed under Part 3;

Crown Prosecutor includes a Crown Prosecutor appointed under Part 5 as a
Senior Crown Prosecutor;

Director means Director of Public Prosecutions appointed under section 87AB of
the Constitution Act 1975;

Director's Committee means a Director's Committee under section 23; legal
practitioner means an Australian legal practitioner within the meaning of the
Legal Profession Act 2004;



special decision means a decision-

   (a)  to make presentment of a person for an offence on which the person was
        not committed for trial except in the following circumstances-

   (i)  the person was committed for trial on an offence that-

                (A)  is not materially different from; or

                (B)  is founded on the same facts as; or

                (C)  forms or is part of a series of offences of the same or a
                     similar character as- the offence for which the
                     prosecution intends to make presentment;

   (ii) the person, or a legal practitioner representing the person, has
        consented in writing to presentment being made for that offence;

   (iii) the person, or a legal practitioner representing the person, has
        indicated in writing an intention to plead guilty to that offence; or

   (b)  subject to guidelines established by the Committee for Public
        Prosecutions under section 43(1)(d), to enter a nolle prosequi, or not
        to take within the period prescribed under section 353(2) of the
        Crimes Act 1958 any step mentioned in that section, in relation to the
        charge or all the charges on which a person was committed for trial on
        a committal proceeding; or

* * * * *

   (d)  to make presentment of a person for an offence if a Crown Prosecutor
        has declined to make, or an Associate Crown Prosecutor or another
        legal practitioner briefed to advise the Director has advised against
        making, presentment of that person for that offence or for an offence
        that is not materially different from that offence; or

   (e)  to enter a nolle prosequi in relation to a charge if a Crown
        Prosecutor, Associate Crown Prosecutor or another legal practitioner
        briefed to advise the Director has advised against the entering of a
        nolle prosequi in relation to that charge or has advised that that
        charge should be proceeded with; or

   (f)  to appeal against, or seek any relief or remedy in respect of, an
        order of the Supreme Court or the County Court quashing, or granting a
        permanent stay of, a presentment or of a count or counts in a
        presentment on the ground that for the person to be tried for the
        offence or offences charged in the presentment or in the count or
        counts (as the case requires) would constitute an abuse of process; or

   (g)  to issue guidelines under section 26(1); or

   (h)  of any other kind that, in the opinion of the Director, should be
        treated as a special decision for the purposes of this Act.
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