The Law Society of NSW and the NSW Bar Association are concerned about the recommendation that a parliamentary committee be established to “oversight” the Office of the Director of Public Prosecutions, contained within the report of the Legislative Council Committee on Justice and Communities released on 7 July.
It is a fundamental principle of our justice system that decisions to initiate and maintain criminal prosecutions remain free of interference.
This principle was foundational to the formal establishment of an independent prosecutorial body, some 40 years ago through the Director of Public Prosecutions Act 1986, consistent with other Australian jurisdictions.
The bodies representing the state’s 47,000 lawyers urge profound caution in considering any reform which may risk undermining this prosecutorial independence, which is critical to the proper functioning of our criminal justice system.
