NSWIn ForceAct
Director of Public Prosecutions Act 1986
10Director to inform court etc when taking over, or handing back, proceedings
Start here
Get a plain-English read of 10
Turn the raw legal text into a practical explanation grounded in Director of Public Prosecutions Act 1986.
#### 10 Director to inform court etc when taking over, or handing back, proceedings
10 Director to inform court etc when taking over, or handing back, proceedings
> > (1) If the Director decides to take over a matter in accordance with section 9, the Director shall, as soon as practicable—
> >
> > > (a) by notice in writing, inform the person otherwise responsible for the matter, and
> >
> > > (b) if the matter is pending before a court—
> > >
> > > > (i) by notice in writing, inform the registrar or other proper officer of the court in which the prosecution or proceeding concerned is to be heard, or
> > >
> > > > (ii) if the prosecution or proceeding is being heard by a Judge—in such manner as the Director thinks fit, inform the Judge,
> >
> > that the Director has taken over the matter.
>
> > (1A) If the Director hands a matter back in accordance with section 9A, the Director shall, as soon as practicable—
> >
> > > (a) by notice in writing, inform the original prosecutor (or the original prosecutor’s successor) referred to in section 9A, and
> >
> > > (b) by notice in writing, inform the registrar or other proper officer of the Local Court in which the prosecution or proceeding concerned is to be heard,
> >
> > that the Director has handed the matter back to the original prosecutor (or the original prosecutor’s successor).
>
> > (2) Failure by the Director to notify or inform does not affect any of the Director’s functions in relation to the matter.
>
> **s 10:** Am 2001 No 121, Sch 2.84 \[4\] \[5\]; 2008 No 53, Sch 11 \[2\]; 2025 No 61, Sch 2.35\[2\].