Prosecuting Crime in the Public Interest: How Tension between Independence and Accountability Threatens the Rule of Law in Australia

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Prosecuting Crime in the Public Interest: How Tension between Independence and Accountability Threatens the Rule of Law in Australia

By Kellie Toole
Hart Publishing July 2024

Specifications

ISBN-13
9781509973200
Publisher
Hart Publishing
Publication
July 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution.

It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence.

The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.

Table of Contents

Part One: The Problem – The Australian Attorney General
1. The Modern Problem
2. The English Origins
3. Australian Concerns

Part Two: The Problematic Solution - The Australian Director of Public Prosecutions
4. The Continuing English Legacy
5. Prosecutorial and Executive Discretion
6. Nature of the Australian DPPs: A Political-Statutory Hybrid
7. The Reasonable Prospects of Conviction Test
8. The Public Interest Test
9. Accountability of the Attorney-General
10. Accountability and the DPP
11. Conclusions
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