Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 43

Functions of Committee

43. Functions of Committee



(1) The functions of the Committee for Public Prosecutions are-

   (a)  generally to advise on the operation of the prosecutorial system with
        a view to ensuring that it operates in an effective, economic and
        efficient manner;

   (b)  to assist in the co-ordination of the operations of the Director and
        the Office of Public Prosecutions;

   (c)  to give directions to members of the police force and other persons
        with respect to the offences or classes of offence which are to be
        referred to the Director for the institution and conduct of
        proceedings;

   (d)  to establish guidelines on the circumstances in which a decision of a
        kind referred to in paragraph (b) of the definition of special
        decision in section 3 is not to be treated as a special decision for
        the purposes of this Act;

   (e)  to establish guidelines on the circumstances in which members of staff
        employed in the Office of Public Prosecutions may appear in court;

   (f)  to establish guidelines on the treatment of victims of crime by the
        prosecutorial system having regard to the duties of the Director, the
        Crown Prosecutors, the Solicitor for Public Prosecutions and the
        Office of Public Prosecutions;

   (g)  to recommend to the Attorney-General the removal from office of any
        Crown Prosecutor or Associate Crown Prosecutor.

(2) In establishing guidelines under subsection (1)(d), the Committee must
have regard to the need to ensure that the decision-making process is not
unnecessarily protracted in cases where-

   (a)  because of a change in circumstances since the committal proceeding
        there is not any reasonable prospect of conviction on the charge or
        all the charges on which a person was committed for trial; or





   (b)  in the particular circumstances only one decision could reasonably be
        made in relation to the charge or all the charges on which a person
        was committed for trial; or

   (c)  the nature and gravity of the charge or all the charges on which a
        person was committed for trial are not such as to warrant a decision
        in relation to it or them being treated as a special decision.

(3) Nothing in this section empowers the Committee for Public Prosecutions to
give any direction to the Director, the Chief Crown Prosecutor, any Crown
Prosecutor or Associate Crown Prosecutor or the Solicitor for Public
Prosecutions with respect to the performance or exercise of his or her
functions or powers.