I am the victim in a criminal case that is being handled by the DPP. I don’t want the court case to go ahead.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- The short answer is no.
- The DPP in each state and territory has an obligation under the law to prosecute criminal offences if it is in the public interest to do so.
- While you are the victim and the main witness for the DPP legally speaking your status in the case is as a witness. You are not a party to the proceeding.
- However the DPP also has an obligation to look after the interests of victims of crime.
- If you don’t want the prosecution to continue you should make contact with the government lawyer who is handling the case for the DPP and tell them about your concerns. They may agree to discontinue the prosecution if they feel it is appropriate to do so.