Prosecuting Crime in the Public Interest: How Tension between Independence and Accountability Threatens...

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Kellie Toole (University of Adelaide, Australia)

Prosecuting Crime in the Public Interest

How Tension between Independence and Accountability Threatens the Rule of Law in Australia

Kellie Toole (University of Adelaide, Australia)

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Paperback

Forthcoming
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English

Hart Publishing
15 January 2026

Comparative law; Criminal justice law

This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution.

It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence.

The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.

By: Kellie Toole (University of Adelaide Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509973248
ISBN 10: 1509973249
Pages: 232
Publication Date: 15 January 2026
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Paperback
Publisher's Status: Forthcoming

Kellie Toole is Lecturer at Adelaide Law School, University of Adelaide, Australia.