10 tips for statutory prosecutions

We have represented various State and local regulatory authorities in prosecutions in Queensland that involve a wide range of statutory offences. This Focus article provides some insight into practical tips and tricks for commencing statutory prosecutions by way of complaint and summons in the Magistrates Court of Queensland. Having a good understanding of the points below will, in our experience, help secure the best outcome.

1. Duties of prosecutors

The prosecutor is in an adversarial relationship with the accused, while simultaneously owing a duty to the court to establish the whole truth. It is the duty of the prosecutor to assist the court to ensure that justice is done and not to strive for a conviction at all costs, but to present the case fairly.