ACT Director of Public Prosecutions Shane Drumgold SC concerned confidence in courts being 'falsely eroded'

Director of Public Prosecutions Shane Drumgold SC wrote in the latest ACT Bar Bulletin that the number of prosecution appeals in 2021-22 had been "significantly higher" than in previous years.

Mr Drumgold intended to write that there had been a "significantly higher" number of successful prosecution appeals in the ACT, not that there were more of them simply being filed.

He told The Canberra Times on Monday that the number of appeals lodged by the prosecution was in fact "steady", and that he was concerned ongoing coverage of the issue had "become misleading".

"Prosecution appeals are a fundamental part of the criminal justice system," Mr Drumgold said.

"They are used sparingly, and only in appropriate cases to ensure trends in sentencing reflect community values through the collective view of the court.

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"The number of prosecution appeals filed is not a useful measure for analysis of the health of a criminal justice system. Indeed, in the ACT, the number of appeals filed has remained steady, primarily because the DPP continue to carefully select the most appropriate vehicles for appeal.

"We have, however, experienced a significant increase in the number of successful appeals, particularly for murder and child sexual offences, and my comments in the Bar Bulletin were intended to convey that the number of successful prosecution appeals is significantly higher, rather than the number of appeals simply filed."

Mr Drumgold said he did not believe the increased success of prosecution appeals meant judicial officers were making a greater number of errors.

He thought it was in fact "the culmination of two factors arising from the establishment of a dedicated appeals unit at the DPP".

"Firstly, the appeals unit has better processes and is better able to identify appropriate vehicles for appeals that are more likely to enjoy success," Mr Drumgold said.

"Secondly, the appeals specialist lawyers attached to the appeals unit are better equipped to ventilate the relevant issues before the appeal court.

"In short, the increased success in appeals is the product of a higher quality professional appeal unit operating as it should, rather than an increase in the underlying error rate."

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