Private prosecution and the victim of crime

Author(s)Kirchengast, Tyrone
Title Private prosecution and the victim of crime
Source Macquarie Law Working Paper No. 2008-17 Working Paper Series.
Date 2008
Document type Working paper
Coverage Australia and United Kingdom
Summary This paper examines the power of victims to prosecute, discussing the historical developments within the legislation and the offices of the Crown Prosecution Service in England and the ODPP in NSW. Although the Crown generally brings prosecutions, the victim's right to private prosecution continues at common law in Australia. The common law powers of private prosecution in NSW is examined, including some of the statute limitations such as the Attorney General being able to terminate proceedings by entering a nolle prosequi or the DPP taking over private prosecutions and terminating them. The author discusses the changes to the power of the victim to bring private prosecutions and the implications this has for the development of justice generally.
Keywords Prosecution; victims rights
Topic Victims rights