The Decision to Prosecute: A Comparative Analysis of Australian Prosecutorial Guidelines

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Author(s)
Hodgson, Natalie
Cashmore, Judy
Cowdery, Nicholas
Goodman-Delahunty, Jane
Martschuk, Natalie
Parkinson, Patrick
Powell, Martine B
Shackel, Rita
Year published
2020
Metadata
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The decision whether to prosecute an individual can potentially impact a number of private and public interests. In Australia, the Office of the Director of Public Prosecutions in each jurisdiction provides written prosecutorial guidelines relating to the decision to prosecute. Little scholarly attention has focused on how these guidelines differ in form and impact across jurisdictions. This article undertakes a text-based comparative analysis of the guidelines to identify the key similarities and differences in how the decision to prosecute is articulated in the policies of different Australian jurisdictions. This analysis ...
View more >The decision whether to prosecute an individual can potentially impact a number of private and public interests. In Australia, the Office of the Director of Public Prosecutions in each jurisdiction provides written prosecutorial guidelines relating to the decision to prosecute. Little scholarly attention has focused on how these guidelines differ in form and impact across jurisdictions. This article undertakes a text-based comparative analysis of the guidelines to identify the key similarities and differences in how the decision to prosecute is articulated in the policies of different Australian jurisdictions. This analysis shows that the tests used across Australia are broadly similar, while also identifying a number of differences. We highlight the need for empirical research on the decision to prosecute, to provide an insight into how the decision to prosecute is operationalised in practice, and how different formulations of the same or similar tests might impact the decision-making process.
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View more >The decision whether to prosecute an individual can potentially impact a number of private and public interests. In Australia, the Office of the Director of Public Prosecutions in each jurisdiction provides written prosecutorial guidelines relating to the decision to prosecute. Little scholarly attention has focused on how these guidelines differ in form and impact across jurisdictions. This article undertakes a text-based comparative analysis of the guidelines to identify the key similarities and differences in how the decision to prosecute is articulated in the policies of different Australian jurisdictions. This analysis shows that the tests used across Australia are broadly similar, while also identifying a number of differences. We highlight the need for empirical research on the decision to prosecute, to provide an insight into how the decision to prosecute is operationalised in practice, and how different formulations of the same or similar tests might impact the decision-making process.
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Journal Title
Criminal Law Journal
Volume
44
Issue
3
Publisher URI
Copyright Statement
© 2020 Thomson Reuters. This article was first published by Thomson Reuters in the Criminal Law Journal and should be cited as Natalie Hodgson et al., The Decision to Prosecute: A Comparative Analysis of Australian Prosecutorial Guidelines, (2020) 44 Crim LJ 155.For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search.The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
Subject
Criminology
Forensic psychology
Social Sciences
Government & Law