Crown Prosecutor

Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors. Crown prosecutors represent the Crown in right of the Commonwealth and in right of each state or Territory in criminal proceedings. Crown prosecutors are appointed not elected and are not public servants; they are private counsel briefed by the Director of Public Prosecutions for particular cases. Both the Commonwealth of Australia and the states and territories can make criminal laws under the Constitution of Australia, so Crown prosecutors deal with both state and federal offences. The typical Crown prosecutor, often a Queen's Counsel or Senior Counsel, will have extensive experience as defence counsel as well as prosecuting counsel, across a full spectrum of legal disciplines. History, role and function The Office of the Director of Public Prosecutions (DPP) was derived from the United Kingdom in the 19th Century. Their role was created to further the separation of powers and remove prosecutorial decisions from the legislature and any political influence. This was partly driven by the fact Attorney-General's are attached to the ministry and parliament. Thus to ensure integrity and fairness in the judicial process, it was deemed prudent to develop an independent body to deal with, what can be, often controversial and politically damaging decisions. Lastly, prosecutors main functions are statutorily derived from the Director of Public Prosecutors Act 1986 (NSW). From a procedural perspective, the ODPP has also absorbed the International Association of Prosecutor’s Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, into their practices and guidelines.