Hi TKC,
The situation isn't quite as clear cut as you suggest. Depending on the nature of the offence and what stage of proceedings it has reached, it might be solicitors from the Office of the Director of Public Prosecutions who handle the matter, not a Police Prosecutor. It is usually the DPP that handles an appeal.
In some situations you might look to the officer in charge of the case to provide information to the complainant, not the prosecutor.
I don't know whether a police prosecutor would even be told that a conviction has been quashed on appeal.
Hi Mary,
I wasn't disputing the "ownership" of the matter at the appeal stage, hence, why I stated that the police prosecutor (PP) is
informed of the quashed outcome, in my original post. I mean he/she wouldn't necessarily
inform him/herself.
I believe the ODPP handles most if not all appeals in NSW, however, my question concerned professional standards of the PP, which Tim allowed me to draw out through his question.
Of course a PP would be told of a quashed conviction, it would be his/her case that is essentially lost or overturned, so don't you think he/she would want to know that, and don't you think that there are established education/training policies in place, which go over with the PP, where the weakness was found by the appellant in arguing a particular line to achieve such a favourable outcome as to have had the conviction quashed?
Just like in any hierarchy of authority, such critical information is passed down along the chain-of-command. It must be. And to think that it isn't is just naive thinking, I would suggest.
To my understanding such details would, therefore, go from, ODPP --> PP --> informant --> complainant.