Public Accountability of Public Prosecutions

The role of the Prosecutor and the exercise of prosecutorial discretion can have an enormous impact on the outcome of criminal proceedings. The exercise of prosecutorial discretion is, however, often secretive and misunderstood. There have been concerns that a lack of accountability and transparency can result in a fertile bed for corruption. This article considers the development of the prosecution system in Australia. It analyses the discretion that the Prosecutor wields and examines Australian attempts at safeguarding this discretion. It points out the problems with the Australian system of prosecution and suggests that there is room for greater public accountability of the Prosecutor’s role. In the search for a solution to the prosecutorial conundrum, the article examines the Japanese model of ‘democratic’ public prosecution to see if such a system could be adopted in Australia.