c extends to case’ rulings at trial. For further The Commonwealth Director of Public Prosecutions ‘no consideration supports legislative reform to give the prosecution the to appeal case” decisions in child sexual “no abuse matters. This will significantly enhance the rights of victims. State and territory governments should work with their appellate court This is a matter for states and territories. 80 Noted and the Director of Public Prosecutions to ensure that the court is sufficiently well resourced to hear and determine interlocutory appeals in prosecutions involving child sexual abuse offences in a timely manner. 81 Directors of Public Prosecutions should amend their prosecution Accept The Commonwealth Director of Public Prosecutions’ guidelines, where necessary, in relation to the decision as to whether Victims of Crime Policy and Prosecution Policy of the there should be a retrial following a successful conviction appeal in Commonwealth recognise that the views of any child sexual abuse prosecutions. The guidelines should require that the victims, where those views are available, and where prosecution consult the complainant and relevant police officer before it is appropriate, to be considered and taken into the Director of Public Prosecutions decides whether to retry a matter. account when deciding whether it is in the public interest to: commence a prosecution; discontinue a prosecution; agree to a plea negotiation; or decline to proceed with a prosecution after a committal. The Commonwealth Director of Public Prosecutions view is that this includes a decision as to whether a matter should proceed to re-trial.
c extends to ‘no case’ rulings at trial. For further consideration The Commonwealth Director of Public Prosecutions supports legislative reform to give the prosecution the to appeal “no case” decisions in child sexual abuse matters. This will significantly enhance the rights of victims. 80 State and territory governments should work with their appellate court and the Director of Public Prosecutions to ensure that the court is sufficiently well resourced to hear and determine interlocutory appeals in prosecutions involving child sexual abuse offences in a timely manner. Noted This is a matter for states and territories. 81 Directors of Public Prosecutions should amend their prosecution guidelines, where necessary, in relation to the decision as to whether there should be a retrial following a successful conviction appeal in child sexual abuse prosecutions. The guidelines should require that the prosecution consult the complainant and relevant police officer before the Director of Public Prosecutions decides whether to retry a matter. Accept The Commonwealth Director of Public Prosecutions’ Victims of Crime Policy and Prosecution Policy of the Commonwealth recognise that the views of any victims, where those views are available, and where it is appropriate, to be considered and taken into account when deciding whether it is in the public interest to: commence a prosecution; discontinue a prosecution; agree to a plea negotiation; or decline to proceed with a prosecution after a committal. The Commonwealth Director of Public Prosecutions view is that this includes a decision as to whether a matter should proceed to re-trial.
part-three-response.docx