Director of Public Prosecutions Act 1986 (NSW)

Director of Public Prosecutions Act 1986 No 207

An Act to create the office of Director of Public Prosecutions and to confer functions on the Director of Public Prosecutions; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Director of Public Prosecutions 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— appeal includes any proceedings in the nature of an appeal, including— (a) any proceedings under Part 3, 4 or 5 of the Crimes (Appeal and Review) Act 2001, and (b) any proceedings referred to in section 69 of the Supreme Court Act 1970. committal proceedings means proceedings before a Magistrate for the purpose of committing an accused person for trial or sentence. coroner includes any person exercising any of the jurisdiction or functions of a coroner. Deputy Director means a Deputy Director of Public Prosecutions. Director means the Director of Public Prosecutions. indictable offence means an offence (including a common law offence) that may be prosecuted on indictment. law enforcement or investigating officer, for an alleged offence, has the same meaning as in the Criminal Procedure Act 1986. offence means an offence against the laws of the State. Officer means the Director, a Deputy Director, the Solicitor or a member of the staff referred to in section 32. prescribed summary offence means a summary offence of a kind prescribed by the regulations for the purposes of this Act. prosecutor includes an informant, a complainant and an applicant under the Crimes (Domestic and Personal Violence) Act 2007. regulations means regulations under this Act. Solicitor means the Solicitor for Public Prosecutions. summary offence means an offence that is not an indictable offence. (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.