Office of Public Prosecutions (Known as Office of the Director of Public Prosecutions from 1983-1995)

Full description

Establishment

The position of Director of Public Prosecutions was established under the provisions of the Director of Public Prosecutions Act 1982 (No.9848). Upon its establishment in 1983, the Office under the control of the Director of Public Prosecutions assumed full and independent authority for the preparation, institution and conduct of criminal proceedings on behalf of the Crown in the Victorian Supreme Court and County Courts and where relevant, the High Court of Australia. The Director of Public Prosecutions is able to conduct prosecutions for summary offences in the Magistrates' Courts and to assist a Coroner in an inquest. Although the Director of Public Prosecutions has almost exclusive jurisdiction in the area of criminal proceedings, the Attorney-General retains the residual power to grant a "nolle prosequi" (an application to discontinue further proceedings in a prosecution). Where commencement of criminal proceedings requires the consent of a law officer, the Director is now the appropriate law officer for this purpose.

Location of Records

For records of criminal proceedings in Victoria see also List of Holdings 2nd edition 1985, section 3.4.2 (Criminal Law Branch, Crown Solicitors Office).