Crown prosecutor (Australia) facts for kids
Crown prosecutors are special lawyers in Australia's legal system. They work for the community, often called 'the Crown,' in criminal cases. In Western Australia, they are known as State prosecutors.
Crown prosecutors are not elected by the public. Instead, they are appointed and are experienced lawyers who work with the Director of Public Prosecutions (DPP). They handle cases involving both state and federal laws, as both levels of government can create criminal laws in Australia.
Contents
What Crown Prosecutors Do
The idea of the Director of Public Prosecutions (DPP) came from the United Kingdom. It was created to make sure decisions about prosecuting crimes were fair and not influenced by politics. This helps keep the legal process honest and just.
Crown prosecutors are independent. Their main job is to represent the community in criminal trials. They help the court and jury find the truth. They also work to bring justice to victims and the wider community.
Because they are independent, Crown prosecutors must show the jury all important and believable evidence. This is true even if it doesn't help them win the case. Their goal is not just to get a conviction. It is to present all the facts fairly so the jury can make the right decision.
The DPP is the main group that handles criminal trials for the Crown. Crown prosecutors are the barristers (a type of lawyer) who are chosen by the DPP to appear in court. They do not investigate crimes themselves. The police are responsible for investigating alleged crimes. Crown prosecutors then look at the evidence the police collect. They decide if it's strong enough to be used in court. If it is, they present that evidence to the jury.
One important duty for prosecutors is called the "duty of disclosure." This means they must share all available information with the other lawyers in a case. This ensures everyone has all the facts. It helps make sure the trial is fair.
How Crown Prosecutors Are Appointed
Becoming a Crown prosecutor involves specific steps. The rules can be a bit different in each Australian state. However, the general requirements are similar.
In New South Wales, for example, a person must first be a qualified Australian lawyer. They also need to be a member of the private bar. This means they have passed a special exam to become a barrister. Once they are a barrister, the Governor can appoint them as a Crown Prosecutor.
Crown prosecutors are usually appointed for a term of seven years. They can be reappointed if they are still qualified. In New South Wales, there are currently over 120 Crown Prosecutors.
There are also Senior Crown Prosecutors. They are appointed in a similar way. They handle the most serious and complex cases. Their pay is a bit higher because of the added responsibility.
Commonwealth Prosecutors
Most Crown prosecutors work for state agencies, like the ODPP NSW. But there is also a group that handles crimes against the Commonwealth (Australia's federal government). This group is called the Commonwealth Director of Public Prosecutions (CDPP).
The CDPP was set up by the Australian Parliament. It prosecutes crimes under federal laws. These crimes include things like financial crimes, human exploitation, illegal trade, and organised crime. They also deal with counter-terrorism cases and fraud related to government benefits.
Crown Prosecutors in TV Shows
Crown prosecutors have been shown in popular Australian television shows. Two well-known series are Crownies and its spin-off, Janet King.
Crownies
Crownies showed the lives of five new lawyers. They worked in the busy and challenging Office of the Director of Public Prosecutions. They worked alongside Crown prosecutors. The show had 22 episodes. It was broadcast on ABC1 in 2011.
The main cast included Todd Lasance as Ben McMahon and Marta Dusseldorp as Janet King. The character of Janet King later got her own show. Critics compared Crownies to the US show Grey's Anatomy. They noted how it mixed work stress with personal relationships. Crownies was nominated for an award for its cast's performance.
Janet King
Janet King first aired in 2014. It was a spin-off from Crownies. The show focused on the character of Janet King, played by Marta Dusseldorp. Many of the original cast members also appeared.
The show had three seasons. Each season focused on Janet King's work in different areas. This included her role in the Department of Public Prosecutions. It also covered her work in a Royal Commission into serious firearm crime. Finally, it showed her leading an investigation into organised crime in sports.
The show was well-received. Marta Dusseldorp won an AACTA Award for Best Lead Actress in a Television Drama in 2014 for her role. The show was also nominated for Best Television Drama Series. Marta was also nominated for a Logie Award for Most Outstanding Actress in 2015.
