DPP budget cuts to ‘delay justice’

The NSW prosecutions service has warned staff that budget cuts will force it to reduce spending, sparking warnings justice could be delayed.

Acting Director of Public Prosecutions Peter McGrath SC has told staff the office has had to closely review its financial position following the state budget and amalgamation. Picture: John Grainger

The NSW prosecutions service has said in an internal message to staff that budget cuts will force it to reduce spending, sparking warnings from lawyers that cases could be delayed and the quality of prosecutions could suffer.

Acting Director of Public Prosecutions Peter McGrath SC has told staff the office has had to closely review its financial position following the state budget and amalgamation of the Justice Department into the new Communities and Justice Department this month.

The DPP was required to find “efficiency dividends” this year and the next three years, like all departments, he said.

“In light of these challenges, the office must now adopt a more ­cautious approach in regards to all financial decisions (including staffing, recruitment, private briefing, etc) to ensure we can service our commitments while remaining within budget,” Mr McGrath wrote to staff this month in an email ­obtained by The Australian.

Crown prosecutors are concerned they will have more cases and less time to prepare, affecting the quality of prosecutions, The Australian has been told.

It has also raised questions about whether decisions to prosecute will be affected.

NSW Bar Association junior vice-president Gabrielle Bashir SC said it was “another blow to the justice system”.

“The NSW Bar Association views any reduction in funding for the Office of the Director of Public Prosecutions with deep concern,” Ms Bashir said.

“Given the structure of the ODPP, the practical reality is that these cuts will negatively impact upon the number of lawyers in the organisation, which will have flow-on effects not just for ODPP staff but also for victims of crime.

“Additionally, the briefing of the private bar in prosecutions will undoubtedly be impacted, all of which will only serve to worsen delays in an already overstretched criminal justice system, to the detriment of all parties, primarily victims of crime and their families.”

Cases are commonly briefed out to private counsel when they cannot be covered in-house.

Already, the DPP’s bid to move Wollongong’s office to new premises and a separate business case for funding to continue a “CASES system project” had both been declined. “On top of this, the impact of the seven additional District Courts remains unknown as some locations and sitting arrangements have not been confirmed.”

The NSW government last year announced the appointment of seven extra District Court judges as part of a $150 million package to deliver swifter justice and reduce pressure on the judiciary and court users.

The package included $45 million for additional officers at the DPP, including extra crown ­prosecutors.

Mr McGrath yesterday confirmed through a spokeswoman that he recently provided a budget update to all DPP staff, but declined to comment further on the internal correspondence.

NSW Law Society president Elizabeth Espinosa said a properly funded DPP was “essential for it to perform its important inde­pendent functions”.

“The NSW legal profession, whilst not consulted prior to the announcement of significantly changed cluster arrangements, rightly expects that all justice agencies will be adequately resourced and funded,” she said.

A NSW government spokeswoman said the new department was “working closely with the ODPP … to identify efficiencies to meet budget saving targets”.

“These discussions will focus on ensuring the ODPP continues to execute its functions while making the best use of taxpayer dollars,” she said.

“That work is ongoing and no final budgetary decisions have been made.”

Ms Bashir said the “system was at breaking point and cannot sustain such measures”.