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Author: Charlotte Brook
Published: 7 May 2025
Pages: 17

Introduction

It has never been the case that enforcement of the law requires every offence to be prosecuted. Each prosecuting agency has its own policies as to how it will exercise its functions and achieve its statutory objectives. Prosecution is one mechanism and, consistent with its statutory framework, needs to be balanced against other enforcement priorities and practical considerations such as the resources available to it.

Since 1992, the Solicitor-General has issued Prosecution Guidelines (the guidelines) to assist prosecuting agencies in deciding whether to prosecute in any particular matter. The guidelines also set out how certain issues in prosecutions should be dealt with. Because the guidelines cover the full range of offending, including all four categories of offence under the Criminal Procedure Act 2011, prosecuted by the full spectrum of public prosecuting agencies (not just the Police and Crown Solicitors), they are necessarily high level in nature.

Content outline

  • Overview of the 2025 guidelines
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BROOK Charlotte-333    
Charlotte Brook
Kate Sheppard Chambers
Wellington
   

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