Untitled document

Public Prosecutions (Amendment) Act 1998

Act No. 2/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Power of DPP to take over prosecution of indictable offence	2
5.	Civil proceedings	2
6.	Indemnity from prosecution	3
7.	Director's Committee	4
8.	Delegation	5
9.	New section 51A inserted	6
51A. Transitional provisions (1998 amendments)	6
10.	Statute law revision	6

═══════════════

NOTES 8

i

Victoria

No. 2 of 1998

Public Prosecutions (Amendment) Act

1998†

[Assented to 31 March 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the
Public Prosecutions Act 1994 so as to enable the

Director of Public Prosecutions—

(a)	to delegate his or her power to enter a nolle prosequi in criminal proceedings or consent to the commencement of certain criminal
proceedings or act as a member of a Director's Committee;

Public Prosecutions (Amendment) Act 1998

Act No. 2/1998 s. 2

(b)	to indemnify a witness against prosecution in certain circumstances or give an undertaking to a witness that evidence given in a
specified proceeding will not be used against him or her in a criminal proceeding;
(c)	to take over and conduct certain proceedings in respect of indictable offences;
(d)	to institute, or be a party to, certain civil proceedings.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

In this Act, the Public Prosecutions Act 1994 is	No. 43/1994. Reprint No. 1
called the Principal Act.	as at 14 November
1996. Further amended by
Nos 35/1996 and 44/1997.

4.  Power of DPP to take over prosecution of indictable offence

In section 22(1)(b)(ii) of the Principal Act, for "a summary offence or an indictable offence triable summarily" substitute "any summary or

indictable offence, other than proceedings in
respect of an indictable offence that are
consequent on a finding of a grand jury under

section 354 of the Crimes Act 1958".

5. Civil proceedings

In section 22(1) of the Principal Act, after
paragraph (b) insert—

"(ba) to institute, prepare and conduct on behalf of

the Crown or be a party to—
Public Prosecutions (Amendment) Act 1998

s. 6 Act No. 2/1998

(i)

proceedings on an application under the 1986 or the Confiscation Act 1997;

(ii)  proceedings claiming any relief or remedy in the nature of certiorari, mandamus, prohibition or quo warranto

in relation to a criminal proceeding;

(iii)  subject to section 46, proceedings on an application to a court for punishment of a person for a contempt of court

committed, or for an injunction
restraining a person from engaging in
conduct that would or may constitute a
contempt of court, in relation to a
criminal proceeding (whether pending
or otherwise);".

6. Indemnity from prosecution

(1) In section 22(1) of the Principal Act, after

paragraph (c) insert—

"(ca) to grant indemnity from prosecution for any

summary or indictable offence to a person on
account of an undertaking given by that
person to give evidence, or an understanding
or expectation that that person will give

evidence, in a specified proceeding;

(cb) to give an undertaking to a person that an

answer given, or statement or disclosure
made, by that person in a specified
proceeding will not be used in evidence
against that person in any criminal
proceeding, other than a proceeding in
respect of the falsity of evidence given by
that person;".

Public Prosecutions (Amendment) Act 1998

Act No. 2/1998 s. 7

(2) In section 22 of the Principal Act, after sub-

section (1) insert—

"(1A) An indemnity under sub-section (1)(ca) or an

undertaking under sub-section (1)(cb) may be subject to such conditions (if any) as the Director considers appropriate.".

7. Director's Committee

In section 23 of the Principal Act, after sub- section (9) insert—

"(10) Despite anything to the contrary in this Act, if the Director will not be available for any reason to act as a member of a Director's

Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this section in respect of that period to—

(a) the Chief Crown Prosecutor; or

(b) if the Chief Crown Prosecutor is not available, the Senior Crown Prosecutor (Major Trials).

(11) Despite anything to the contrary in this Act,

if the Chief Crown Prosecutor will not be
available for any reason to act as a member
of a Director's Committee for a particular
period not exceeding 2 weeks, he or she
may, by instrument, delegate his or her
functions and powers under this section in
respect of that period to—

(a)	the Senior Crown Prosecutor (Major Trials); or
(b)	if the Senior Crown Prosecutor (Major Trials) is not available, a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor.

Public Prosecutions (Amendment) Act 1998

s. 8 Act No. 2/1998

(12) If the functions and powers of the Director under this section in respect of a particular period are delegated to the Chief Crown

Prosecutor under sub-section (10), the Chief Crown Prosecutor must, by instrument, delegate in accordance with sub-section (11) (as if he or she were not available) his or her functions and powers under this section in respect of that period.

(13) If a person to whom functions and powers

are delegated in accordance with sub-section
(10) or (11) has begun to consider a special
decision but the period of delegation expires
before his or her functions under this section
have been completed in relation to that
decision, the delegate must complete those
functions in all respects as if the delegation

had not expired.".

8. Delegation

(1) In section 30 of the Principal Act—

(a)	for "The" substitute "Subject to sub-section (2), the";
(b)	in paragraph (a) omit "or to enter a nolle prosequi in a criminal proceeding";
(c)	in paragraph (b), after "(b)" insert "except as provided by sub-section (3),".

(2) At the end of section 30 of the Principal Act

insert—
"(2) The Director may only delegate his or her

power to enter a nolle prosequi in a criminal proceeding to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5

as a Senior Crown Prosecutor and then only if the decision to enter the nolle prosequi is

Public Prosecutions (Amendment) Act 1998

s. 9
s. 10

Act No. 2/1998

not required to be treated as a special decision for the purposes of this Act.

(3) The Director may delegate his or her power

to give any authority, sanction or consent for the commencement of a criminal proceeding required by—

(a) as in force immediately before its

section 50(5) of the Crimes Act 1958 of the Director of Public Prosecutions Act 1982;

(b)	section 69(3) of the Crimes Act 1958 as in force immediately before its repeal on 1 March 1981 by section 6 of the Crimes (Sexual Offences) Act 1980;
(c)	section 95(2) of the Estate Agents Act 1980;
(d)	section 3(4) or 4(4) of the Judicial Proceedings Reports Act 1958.".

9. New section 51A inserted

After section 51 of the Principal Act insert—

"51A. Transitional provisions (1998 amendments) The amendment of section 22(1)(b)(ii) made by section 4 of the Public Prosecutions

(Amendment) Act 1998 applies to
proceedings in respect of an indictable
offence, irrespective of whether they were
commenced before or after the

commencement of that amendment.".

10. Statute law revision

Public Prosecutions (Amendment) Act 1998

Act No. 2/1998

(1) Sections 52 to 56 of the Principal Act are

repealed.

(2) The Schedule to the Principal Act is repealed.

═══════════════
Public Prosecutions (Amendment) Act 1998

Act No. 2/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 26 February 1998

Legislative Council: 18 March 1998

The long title for the Bill for this Act was "to amend the Public
Prosecutions Act 1994 and for other purposes."