The Decision to Prosecute: A Comparison between the Commonwealth of Australia's Military and Civilian Jurisdictions

Abstract

Prosecution for a crime is one of the most intrusive actions that the state can take against an individual. As well as the profound impact on an individual who is prosecuted for a criminal offence, the community impact is also critical. It cuts to the very heart of state power and individual rights, and a liberal democracy must monitor with the utmost care who makes the decision to prosecute, how they make the decision, and how they are made accountable for it. The military justice system has developed a coherent approach to achieve the specified aims of the organisation in a way that could serve as a model for civil prosecutions and encourage the articulation of the goals of the civilian criminal justice system and the development of criminal justice policies and processes that serve those goals.

Keywords: criminal justice, military justice, prosecution, prosecutorial discretion