" Serious Crime " charges !

New South Wales is considering changing the charging procedure for serious crimes such as murder, manslaughter and rape.   At present, it is the police who lay charges and put the offender before court for a bail hearing.   This proposal would make the Department of Public Prosecutions ( DPP ) responsible for deciding what charges would apply and this would be done in consultation with the police.

There is a tendency for the police to " overcharge " on the basis of covering all possible lines of defence. Most crimes can be described by a variety of crime categories and therefore it is possible to enter charges which the police know will not be pursued by the DPP - which is the party that will take over the case and present it in court.

It is this litany of charges that are brought to the attention of the media and they form the impression in the public mind of the degree of criminality involved.   Quite unfairly, a stigma can be attached to a charged person that is far less than the matter that is finally dealt with in court.   The severity of the charges laid also have a bearing on the granting or refusal of bail.

Basically, the police and the DPP have different objectives when considering charges.  The police are anxious to have a supposed criminal safely behind bars to give protection to the public.   The DPP have the task of deciding what they can lawfully put before a court to gain a conviction for whatever crime has been committed.

One of the reasons for the change is the hope of negotiating a guilty plea and saving court time and public expense.   Our law system has certainly developed into a system of " plea bargaining " and the time to do that is before charges are laid and made public.   It is the task of the DPP to process charges in court and they can realistically negotiate an outcome which satisfies both prosecution and defence.

The big difference is that this negotiation takes place before the matter is splashed across the media and opinions are formed.   Senior officers of the DPP and the police will liase so that the charges laid are those that will finally go to court - and not be seriously downgraded as the degree of " overcharge " is discarded.

It is hoped this will produce a faster, fairer court system !