Report on Discontinuance of a Prosecution Against Joe McDonald

Summary

The report's own summary: EXECUTIVE SUMMARY, pages 7 to 13

In the body's own words

1. Finding

   The Commission’s investigation identified no misconduct by any of the police officers involved in the decision by police to apply to discontinue the prosecution against Mr McDonald.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 9

2. Conclusion

   In the Commission’s assessment the available material does not support a conclusion that Magistrate Lane deliberately attempted to influence the outcome of the McDonald matter.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 12

Findings, opinions and statements

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

No findings are reproduced in this record. This does not establish that the report contains none.

Recommendations 4

1. Recommendation 1

   That the Western Australia Police Prosecuting Division implements a policy, by amending The Western Australia Police Service Statement of Prosecuting Policy and Principles, September 1997, requiring prosecutors, where practicable, to obtain legal advice from an appropriately qualified and experienced lawyer before any decision is made to apply to discontinue a prosecution in a Magistrates Court.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 10

2. Recommendation 2

   That the Western Australia Police Prosecuting Division review the terms of The Western Australia Police Service Statement of Prosecuting Policy and Principles, September 1997, to ensure that it is consistent with section 25 of the Criminal Procedure Act 2004.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 10

3. Recommendation 3

   That the Western Australia Police Prosecuting Division implements a policy, by amending The Western Australia Police Service Statement of Prosecuting Policy and Principles, September 1997, that provides for the publication of the reasons for an application by the Commissioner of Police to discontinue a prosecution in the Magistrates Court, except where to do so would prejudice the administration of justice or would cause significant harm to a victim, witness or accused person.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 11

4. Recommendation 4

   That the Chief Stipendiary Magistrate consider the need for a process whereby he can formally raise Magistrates’ concerns regarding prosecutors’ performances in the Magistrates Court with either the Commissioner of Police and/or the Director of Public Prosecutions as appropriate, and for an education programme for Magistrates regarding appropriate ways in which to raise and communicate such concerns.

   Report on Discontinuance of a Prosecution Against Joe McDonald.pdf, page 12

Published responses

No published response was found.

Notes on this record

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