Prosecutorial discretion and prosecution guidelines

Abstract

Prosecutorial discretion is an essential element of our criminal justice. This discretion vests in the Attorney-General as the Public Prosecutor and is constitutionally protected. Recently, there have been several challenges to the exercise of this discretion on the basis of alleged violation of the constitutionally protected right to equal treatment. This article examines the basis of the prosecutorial discretion and considers the value of developing prosecution guidelines to assist prosecutors in making decisions consistently and fairly.