The Role of the DPP
About DPP
Service Charter
The Office of the Director of Public Prosecutions (DPP) is the
independent prosecuting authority for the State of Western Australia,
responsible for the prosecution of all serious offences committed against
State criminal law.
A separate body - the Commonwealth DPP - prosecutes offences committed
against Commonwealth criminal laws.
The DPP acts independently of the Government in decision-making on
criminal prosecutions. The DPP is however responsible to the Attorney
General for the operation of the Office.
The DPP does not investigate crime - that is the role of the
investigating agencies such as the WA Police Service and the Corruption
and Crime Commission.
The Criminal Prosecution Process
Complaints of a criminal nature are generally made to the ...
Police
... who investigate the matter and may charge the accused with a
criminal offence. The case is initially dealt with in the ...
Magistrates Court
... before a magistrate. If the offence is a more serious one (an
indictable offence), the Magistrate will send, or "commit", the
accused to the District or Supreme Court.
The DPP manages committal proceedings in Perth with the WA Police Service
handling committals from suburban and country courts. A prosecutor from
...
The Office of the Director of Public Prosecutions
... will carefully review the case to see whether there is sufficient
evidence to prosecute the case in the Supreme or District Court. If the
DPP decides that the case should not proceed because there is
insufficient evidence, or for other reasons, this will be discussed with
the victim of the crime at the earliest possible time.
If the DPP decides that the case should proceed the case will be heard
in the ...
District or Supreme Court
... where the accused may plead guilty before a judge and be
sentenced. If the accused pleads not guilty the case will need to go to
trial before a judge and jury. The DPP will conduct the prosecution and call a number
of Police and public witnesses to give evidence.
All state criminal cases heard in the District or Supreme Court are
prosecuted by the DPP. A case is concluded when the accused is convicted
and sentenced, or acquitted.
Appeals
A convicted person can appeal to a higher court - the Court of Appeal
- against the severity of the sentence or the conviction. The DPP can
also appeal against a convicted person's sentence in special
circumstances.
The DPP acts in all state criminal appeals.
Victims of Crime
The DPP is committed to recognising the needs of victims of crime. If
they wish, victims will be kept informed of the progress of the
prosecution case and will have the opportunity to participate in the
sentencing process by providing a victim impact statement for
presentation to the Court.
The Victim Support Service, a service of the Department of Justice,
provides a range of services to victims of crime.
The DPP represents the Western Australian community, not individual
victims. Therefore at times, the DPP, while considering the views of
victims, will have to make decisions in the interest of the prosecution
with which the victim may disagree.
Prosecution Witnesses
In defended cases, the DPP may need to call a range of police and
public witnesses to give evidence on behalf of the prosecution at the
trial.
If you wish to know more about the role of a prosecution witness
please contact the DPP.
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