Challenges to prosecutorial discretion |
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| Authors: | Nicholas Cowdery AM QC |
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| Institution: | 1. Past President and Chair of Senate, International Association of Prosecutors (IAP), Former Director of Public Prosecutions , NSW , Australia ncowdery@optusnet.com.au |
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| Abstract: | In the ordinary conduct of prosecutions, challenges are faced when, especially, discretionary decisions need to be made. That situation arises at many stages of the process, some of which are identified in this paper. Many legal and factual circumstances will operate to determine the outcome of such situations. In addition, legal challenges may be able to be made to actions taken by prosecutors and that possibility should be anticipated when decisions are being made and action taken. |
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