Crown Prosecutors Act 1986 (NSW)

Crown Prosecutors Act 1986 No 208

An Act to create the office of Crown Prosecutor and to confer functions on the Crown Prosecutors; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Crown Prosecutors Act 1986.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Director means the Director of Public Prosecutions. indictable offence means an offence (including a common law offence) that may be prosecuted on indictment. offence means an offence against the laws of the State. part-time Crown Prosecutor means a Crown Prosecutor exercising his or her functions as a Crown Prosecutor on a part-time basis, as provided by an agreement referred to in section 4 (3A). (2) In this Act: (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Part 2 The Crown Prosecutors

3A Guidelines for appointments The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) to any office under this Act. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.

4 Crown Prosecutors (1) The Governor may appoint such number of Crown Prosecutors as the Governor thinks necessary. (2) A person is not eligible to be appointed as a Crown Prosecutor unless the person is an Australian lawyer. (2A) A Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person's term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Crown Prosecutor is eligible (if otherwise qualified) for reappointment. (3) A Crown Prosecutor shall have and may exercise the functions conferred or imposed on Crown Prosecutors by or under this or any other Act. (3A) A Crown Prosecutor may, by agreement in writing entered into with the Director of Public Prosecutions, exercise his or her functions as a Crown Prosecutor on a part-time basis. (4) A Crown Prosecutor is responsible to the Director for the due exercise of the Crown Prosecutor's functions. (5) Schedule 1 has effect.