Prosecuting the Crown

Abstract

Uncertainty as to when Crown instrumentalities are subject to criminal prosecution and circumstances where they are entitled to immunity - the Crown's capacity to subject itself to criminal liability and its capacity to subject other manifestations of the Crown to prosecution - although the Crown can be made amenable to criminal prosecution, doubt remains as to whether the Crown in right of the States can subject the Crown in right of the Commonwealth, to criminal sanctions - protection that statutory presumptions afford the Crown - courts have identified two separate presumptions, specific presumption against criminal prosecution and the general presumption that the Crown is not bound by statute - the question of Crown employee liability - in the absence of statutory protection, employees, State or Commonwealth, are subject to prosecution.