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Criminal Procedure Act 2011

General provisions - Solicitor-General's responsibility for oversight and conduct of certain prosecutions

187: Assumption of responsibility for Crown prosecutions by Solicitor-General

You could also call this:

"The Solicitor-General takes charge of prosecutions on behalf of the government."

Illustration for Criminal Procedure Act 2011

The Solicitor-General is in charge of all Crown prosecutions. You know the Solicitor-General is a high-ranking lawyer who works for the government. The Solicitor-General takes over a Crown prosecution at a certain stage, which is decided by regulations. The Solicitor-General can ask another Crown prosecutor to handle a case. The Solicitor-General gets to choose which Crown prosecutor will be in charge of a prosecution. If the Crown makes a mistake with a prosecution, it is still valid, as long as the mistake is only about when or if the Crown took responsibility for the prosecution, as outlined in the Criminal Procedure Amendment Act 2013.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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186: Attorney-General's responsibility and powers not affected, or

"The Attorney-General's job and powers stay the same."

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188: Duty of Crown prosecutor to comply with Solicitor-General's directions, or

"Crown prosecutors must follow the Solicitor-General's instructions when handling cases."

Part 5General provisions
Solicitor-General's responsibility for oversight and conduct of certain prosecutions

187Assumption of responsibility for Crown prosecutions by Solicitor-General

  1. The Solicitor-General must assume responsibility for and conduct every Crown prosecution from the time or stage in the proceedings prescribed in regulations.

  2. The Solicitor-General's duty under subsection (1) may be performed by any Crown prosecutor.

  3. The Solicitor-General may specify in any proceeding the Crown prosecutor who is to conduct the prosecution.

  4. Subsection (2) is subject to subsection (3).

  5. No Crown prosecution is invalid only because the Crown—

  6. did not assume responsibility for a prosecution in accordance with regulations made under this Act; or
    1. assumed responsibility for a prosecution for which it should not have assumed responsibility.

      Notes
      • Section 187(5): inserted, on , by section 11 of the Criminal Procedure Amendment Act 2013 (2013 No 25).