Commonwealth DPP policy
What considerations does the Commonwealth DPP take into account when considering charge negotiations?
- Charges should not be laid with the intention of providing scope for subsequent charge negotiations
- The charges to be proceeded must bear a reasonable relationship to the nature of your alleged criminal conduct The charges must provide an adequate basis for an appropriate sentence
- There must be evidence to support the charges
- The prosecution should not agree to a plea bargaining proposal initiated by the defence if you continue to assert your innocence with respect to charges to which you have offered to plead guilty
- Whether you are willing to co-operate with the investigation or prosecution of others, or the extent to which you have already done so
- Whether the sentence that is likely to be imposed if the charges are varied as proposed would be appropriate for the criminal conduct involved. (Here, it is also relevant to take into account whether you are already serving a term of imprisonment.)
- The desirability of dealing with the case in a prompt and certain manner
- Your past criminal history
- The strength of the prosecution case
- The likelihood of adverse consequences to witnesses
- Whether it will save a vulnerable witness or a victim from the stress of testifying in a trial
- Where there has been financial loss to the Commonwealth or any person – whether you have made arrangements for reimbursement
- The need to avoid delay in resolving other pending cases
- The time and expense involved in a trial and any appeal proceedings
- The views of the referring department or agency; and
- The views of the victim if available, and where it is appropriate to take those into account
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.