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Inquiry into the Prosecution of Assaults and Sexual Offences


Inquiry status:Past
Date commenced:25 Oct 2006
Date Ended:10 Apr 2008
Committee:Community Development and Justice Committee (2005 - 2008)
House:Legislative Assembly
Important Information:
Terms of Reference:(1) That the Committee inquire into and report on -
      (a) decisions made in the past 5 years by the Director of Public Prosecutions (DPP) not to proceed with prosecutions in cases which involve charges in relation to assaults or sexual offences, and in particular to –
            (i) investigate the reasons for prosecutions not proceeding;
            (ii) review the extent to which the information and evidence provided to the DPP was perceived by the DPP to be prejudicial to the prosecution or otherwise inadequate;
            (iii) review guidelines for determining which cases presented to the DPP should not go to trial;
            (iv) identify the extent to which the public interest is a factor in decisions by the DPP not to proceed with a prosecution, and how that public interest is determined;
            (v) review how the age of the alleged victim affects such decisions;
            (vi) assess the adequacy of these and other criteria for making a decision not to prosecute;
            (vii) determine how the relevant authorities have been informed of, and taken account of, feedback from the DPP about the adequacy of the information placed before him;
      (b) the adequacy of victim support services for victims of sexual assaults; and
      (c) any other matter pertaining to an allegation or case of sexual assault that has been before the Western Australia Police Service or the DPP, and is deemed relevant by the Committee.

(2) Neither the report from the Committee nor the evidence released by the Committee will specifically identify any individual who has not faced trial, directly as a result of the DPP’s decisions not to prosecute, whether or not any such individual has been charged and is currently before the court on any criminal matter, but the Committee may detail case background and circumstances of decisions made by the DPP.

(3) The Committee will ensure that if evidence is to be taken in public, witnesses undertake not to disclose the names of those individuals referred to in the preceding paragraph and will be advised that to breach such an undertaking will be regarded as a contempt of the House and dealt with accordingly.

(4) The Committee will report to the Legislative Assembly by 10 April 2008..

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Related Reports:
Report No Title Date tabled Related documents
6 Inquiry into the Prosecution of Assaults and Sexual Offences10 Apr 2008More...