Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 36

Functions of Crown Prosecutors

36. Functions of Crown Prosecutors



(1) The functions of a Crown Prosecutor are-

   (a)  in the name of the Director to make presentment of any person for an
        offence in accordance with section 353 of the Crimes Act 1958;

   (b)  to conduct, and appear in, proceedings on behalf of the Director;



   (ba) if the Crown Prosecutor, with the consent of the Director, holds an
        appointment, commission or authority to prosecute offences against
        laws of the Commonwealth or another State or a Territory, to
        institute, prepare and conduct proceedings in accordance with that
        appointment, commission or authority;

   (c)  any other functions that are given to Crown Prosecutors by or under
        this or any other Act or by the Director.

(2) Despite subsection (1)(a), no Crown Prosecutor may make presentment of a
person for an offence if the decision to make presentment for that offence is
a special decision.

(2A) The Director's consent under subsection (1)(ba) may be general or
specific in nature.



(3) In the performance of his or her functions a Crown Prosecutor must have
regard to the need to ensure that the prosecutorial system gives appropriate
consideration to the concerns of the victims of crime.

(4) A Crown Prosecutor is responsible to the Director for the due exercise of
the Crown Prosecutor's functions.

(5) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to
give any direction to a Crown Prosecutor with respect to-

   (a)  making presentment of any person for an offence in the performance of
        the function mentioned in subsection (1)(a); or

   (b)  the performance of his or her function as a member of a Director's
        Committee; or



   (c)  the performance of a function or the exercise of a power by a Crown
        Prosecutor under section 29.

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