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Review of an ODPP decision

The Office of the Director of Public Prosecutions for Western Australia understands that a victim of crime may be dissatisfied with a decision made by a State Prosecutor in relation to a prosecution.  In some circumstances, a victim is entitled to seek a review of the ODPP decision.

The process and criteria to review decisions are set out in the DPP Policy and Guidelines for Victims of Crime 2018.

Who may request a review of an ODPP decision?

• Any victim who is directly affected by the decision.
• Where the victim is under 18 years of age or has a disability, a parent, guardian or spokesperson for the victim.
• Where the offence has caused the death of a person, immediate family members of that person.

What types of ODPP decisions may be reviewed?

Initial Review

• An amendment or discontinuance of a charge or charges which significantly alters the prosecution case for the victim.
• Where it is decided that there is to be no prosecution of any charge relating to the victim (for example, all charges relating to the victim are to be discontinued).

Internal Independent Review

• Where it is decided that there is to be no prosecution of any charge relating to the victim (for example, all charges relating to the victim are to be discontinued).

If a victim is dissatisfied with any other type of decision made by a State Prosecutor in relation to a prosecution they are encouraged to discuss the matter directly with the State Prosecutor. 

When to request a review of an ODPP decision

Victims should submit a request for a review of a decision within 7 days (and, ideally, as soon as possible) after being notified of the decision. 

It may not always be possible for the decision to be reviewed before it is communicated to the court.  However, victims should take into account court dates so that, if possible, a request can be considered before the decision is communicated to the court.

How to request a review of an ODPP decision

A victim may request a review of an ODPP decision by submitting a Request a Review of an ODPP Decision form. The form may be completed and submitted online.  Alternatively a victim may request and complete a hardcopy of the form and email it to victimreview@dpp.wa.gov.au.

Review outcomes

Victims will be notified of the outcome of review of an ODPP decision verbally, and if sought, in writing:

• Within 14 days of the decision (in the case of an initial review).
• Within 28 days of the decision (in the case of an internal independent review).

Last updated: 31-Aug-2018

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