As a victim of crime, you have the right to be consulted on certain decisions.
In the case of charge bargaining, you are entitled to be consulted on any decision about:
- charging the alleged offender with a particular offence
- amending a charge
- not proceeding with a charge
- applying for an investigation into the alleged offender's mental competence.
Where you are a victim of a serious offence, you will also get to have a say on offers to resolve. You will be consulted and your views taken into account.
The final decision rests with the DPP, who will make an independent decision to accept or reject the offer made.
What if I am unhappy with the decision?
There will be times where you might feel dissatisfied with a decision made by the DPP to accept or reject a particular resolution to a matter.
If you are not satisfied with the decision made by the DPP you can:
- Speak to the Prosecutor, Police Officer, or DPP Witness Assistance Officer involved.
- Contact the ODPP by email within seven days to request a review of the decision.
- Speak with the Commissioner of Victim’s Rights.
Where a request to review the decision is made by a victim, a review of the decision will occur.
A Senior Prosecutor, who has had no prior involvement in the case, will critically examine the decision and determine whether they believe the original decision was correct.
Where the Senior Prosecutor disagrees with the original decision, the matter will be escalated and further reviewed by either a Deputy Director or the Director of Public Prosecutions.
The outcome of the review will be communicated and discussed with you.
In some instances, a decision may already have been the subject of a review by a Deputy Director or the Director.
Where this has occurred, a further review will not be undertaken unless there is new evidence that was not previously able to be considered.
If a further review does not occur, a Deputy Director or the Director will offer to meet with the you to ensure all relevant matters have been taken into account and the decision explained.
I need more information
If you require further information to understand the charge bargaining and negotiation process, you can speak to:
- your allocated Prosecutor from the DPP
- the Investigating Police Officer
- a Witness Assistance Officer if one has been provided to you.