The Decision to Prosecute – The Accountability of Australian Prosecutors

Abstract

This chapter introduces the concept of prosecutorial discretion, and the key prosecutorial accountability measures. It outlines the unique history, geography and population characteristics of Australia that are relevant to the development of the Australian prosecutorial system. The chapter deals with reference to England, Japan and the USA, showing how unique Australian characteristics provide a bulwark against the concerns about the misuse of prosecutorial discretion raise in other countries. It argues that the history and geography of Australia have affected the nature and operations of the offices of the Directors of Public Prosecutions in ways that restrict the opportunities and incentives for the misuse of prosecutorial discretion. The chapter outlines the combination of Australian geography and history that underpins the Australian prosecutorial system in ways that are relevant to the contemporary exercise of the prosecutorial discretion, and the consequent calls for greater prosecutorial accountability measures.