Intimidating a witness sentencing guidelines
That is, the prosecutor must decide “in the public interest” about whether to prosecute or not. However, a victim can be consulted about the decision and, at the least, informed about it.
In most Australian jurisdictions, the prosecution of minor or summary matters is conducted by police prosecutors in local or district courts; and the prosecution of serious or indictable matters is conducted by independent prosecutors in the higher courts.The prosecutor has a duty to ensure that all material evidence, even if it is not helpful to the prosecution, should be presented to the court.The prosecutor also has a duty to ensure that a fair trial is conducted.This is a feature of many countries other than Australia.See the International Crime Victim Survey at discussion about the Australian component of the Survey is at a broad indication, for each 1000 “crimes” committed in the community, about 400 are reported to police.Of these approximately 320 are recorded by police as crimes, and – in general terms – about 64 are detected.
That is, a person is identified as having committed the offence, caught and charged.
Sometimes this reality can feel difficult for victims.
In other situations it can relieve the pressure of responsibility that victims sometimes feel.
About 97% of crime charged and prosecuted are finalised in magistrates courts across Australia.
Of the 88% that were “adjudicated”, that is, where the court made a determination of the defendant's guilt or innocence of the offence(s) with which they were charged, 96% were proven guilty.
Many jurisdictions now use ‘case management’ processes to deal more efficiently with the volume of cases.