Prosecutorial discretion


The papers discuss prosecutorial discretion in the administration of criminal justice. They focus on the principles or theory, as well as the practices, governing the exercise of prosecutorial discretion as seen through the eyes of legal practitioners and other leading experts in the field.

Proceedings of a seminar held 7-9 November 1984


  • Introduction
  • The discretion to prosecute

    The Honourable Senator Gareth Evans Q.C.
  • Prosecution - in the public interest?

    Dr Jacqueline Tombs
  • Measuring prosecutorial discretion

    Ivan Potas
  • Prosecution discretions - Director of Public Prosecutions Act 1983

    Ian Temby Q.C.
  • Prosecutorial discretion and administrative law

    Peter Bayne
  • Prosecutorial discretion in Victoria

    Richard Read
  • Limitations and controls on the exercise by prosecutors of their discretion

    James Glissan
  • The role of the police prosecutor in the magistrates court system

    Superintendent Peter Sweeny
  • Granting immunity from prosecution

    Paul Byrne
  • Reflections on nolles

    John Willis
  • Prosecutorial discretion and mentally abnormal offenders

    Dr Susan Hayes
  • Pre-trial diversion: a magistrate's perspective

    Terry Syddall S.M.
  • Concluding sessions
  • Prosecutorial discretion and corporate crime

    Brent Fisse
  • Open forum
  • Summing up

    Dr Jacqueline Tombs
  • Appendix I

    Seminar program
  • Appendix II

    Participants list