Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
An indemnity from prosecution or an undertaking may be granted by the Attorney General for an indictable offence, a prescribed summary offence, or an offence in respect of which the Attorney General has consulted the Minister administering the Act or instrument under which the offence is created.
Section 32 of the Criminal Procedure Act 1986 provides that the Attorney General may grant a person an indemnity from prosecution. If an indemnity is granted, no proceedings may thereafter be instituted or continued against the person in respect of the offences.
Section 33 of the Act provides that the Attorney General may give an undertaking to a person that an answer that is given, or a statement or disclosure made by the person in the course of giving evidence in specified proceedings or the fact that a person discloses or produces a document or other things in specified proceedings, will not be used in evidence against the person.
The Director of Public Prosecutions may not grant indemnities or undertakings. Pursuant to section 19 of the Director of Public Prosecutions Act 1986, the Director may request the Attorney General to grant an indemnity from prosecution or to give an undertaking.
In accordance with the Director of Public Prosecutions guideline on immunity and undertakings, a request for an indemnity or undertaking on behalf of a witness will only be recommended by the Director after consideration of a number of factors, the most significant being:
It must be able to be demonstrated in all cases that the interests of justice require that the immunity be given.
For further information regarding indemnities and undertakings, see:
31 Aug 2023