Environmental / Resource Management

The Solicitor-General's Prosecution Guidelines 2013 do not apply to Local Authorities

The Solicitor-General's Prosecution Guidelines (the Guidelines) were updated on 1 July 2013 to bring them in line with the new requirements and procedures introduced by the Criminal Procedure Act 2011.

Compliance with these Guidelines is expected in respect of public prosecutions and Crown prosecutions, which are those initiated by the Crown or government departments. Government departments also adopt prosecution policies in line with the Guidelines, which set out the approach that they will take to making the decision to initiate criminal proceedings and their conduct.

The Guidelines do not apply to local authorities, however they are intended to assist all bodies which enforce the criminal law. In that sense, the guidelines will prove helpful to local authorities in determining whether criminal proceedings should be commenced, what charges should be filed and how the proceedings should be conducted.

Brookfields Lawyers can assist in navigating the new procedures and requirements introduced by the Criminal Procedure Act 2011, which apply to all local government prosecutions.

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The contents of this publication are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Brookfields for reliance on any of the information provided in this publication.

 

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