CDPP Legal Writing
Style Guide
April 2024
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CDPP Legal Writing Style Guide
TABLE OF CONTENTS
A. INTRODUCTION
5
Key resources
5
Other internal resources
5
B. GENERAL PRINCIPLES
6
Use plain English
6
Write for the audience
6
Use inclusive language
7
Structure content
9
C. PLAIN ENGLISH
10
Words and phrases to avoid
10
“However”
11
Adjectives
12
D. LEGAL CITATION
13
Legislation
13
Cases
15
References to judicial officers
16
Secondary sources
16
E. REFERENCES TO PARTICULAR PEOPLE, ENTITIES AND CONCEPTS
18
The Director and the Office
18
Practice Groups, work groups and positions
18
Referring to yourself
19
Partner agencies and investigators
20
Defendants, accused and offender
20
Victims and complainants
21
Child abuse material
21
F. SPELLING AND PUNCTUATION
22
Australian English
22
Foreign words or phrases
22
Capitalisation
22
Specific words
23
Punctuation
23
Hyphens
24
Acronyms, abbreviations and defined terms
25
2
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CDPP Legal Writing Style Guide
G. NUMBERS, DATES AND TIMES
26
Numbers
26
Dates
26
Time of day
26
H. FORMATTING
27
Templates and styles
27
Numbered paragraphs and lists
27
Footnotes
28
Keeping relevant text together
28
Cross-references and hyperlinks
29
I. DOCUMENT RELEASE INFORMATION
30
Approval for release
30
Version control
30
ANNEXURE A: APPLYING THIS GUIDE TO NON-LEGAL WRITING
31
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CDPP Legal Writing Style Guide
FOREWORD
Our written communication is the expression of our legal work. Whether that is in the form of a submission
to a court, or an email to an opponent or a witness.
As Hayne J has said about written communication:
1
Two basic considerations inform every piece of [writing]: What is the author trying to do? How is that to be
presented? The second of these questions, “how”, is al too often ignored.
The CDPP Legal Writing Style Guide is a resource to assist the Office and its staff in how to present our
work, in all its forms as we provide the independent prosecution service for the Commonwealth.
This guide is also designed to ensure consistency: consistency across practice areas, jurisdictions and,
where appropriate, between our legal practice and enabling services.
Good written communication is clear, concise and accurate. It is more persuasive and effective. It is critical
to the CDPP’s reputation as a specialist criminal litigation practice.
I trust this guide will support the Office in its important work.
Raelene Sharp KC
Director of Public Prosecutions
23 April 2024
1
The Hon Justice Kenneth Hayne AC,
‘Written Advocacy’ (Speech, Victorian Bar, 5 and 26 March 2007) 3.
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CDPP Legal Writing Style Guide
A.
INTRODUCTION
1.
This guide is a tool for legal staff and legal support staff of the Office of the Director of Public
Prosecutions (Cth) (
CDPP). External counsel briefed by the CDPP may also be assisted by this guide
and are encouraged to apply it as appropriate.
2.
It aims to ensure professionalism and consistency in CDPP written communication, whether internal
or external, by establishing a style for writing, punctuation and referencing.
2 It applies to any
written internal or external communication prepared in the course of the CDPP’s legal practice, as
well as legal policies and guides.
3.
Annexure A: Applying this guide to non-legal writing sets out how this guide applies to non-legal
written communication.
Key resources
4.
Th
e Australian Guide to Legal Citation (4th edition) (
AGLC4) provides a uniform system of legal
citation in Australia.
5.
Th
e Australian Government Style Manual is for anyone who writes, edits or approves Australian
Government content.
6.
The CDPP Legal Writing Style Guide generally follows the conventions of each of these sources,
giving primacy to the AGLC4, with some variations specific to the needs of the CDPP. Where there is
a conflict between this guide and those sources, this guide should prevail. Where there is an
unresolved conflict between the AGLC4 and the Australian Government Style Manual, for the
purpose of any document to which this guide relates, the AGLC4 should prevail.
7.
Where there are rules or practice notes regarding legal writing for court documents, they must be
given primacy over all other sources.
8.
Th
e Macquarie Dictionary is the primary source for Australian spelling and words.
9.
Th
e CDPP Branding Style Guide provides guidance in relation to ensuring the CDPP presents uniform
communication where the logo, colour palette and corporate style is applied.
Other internal resources
10.
Other relevant internal resources include:
10.1.
Guide: Drafting Statements of Facts for Sentence;
10.2.
CDPP Library Guide to Case Citations; and
10.3.
Victims of Crimes Manual.
2
The CDPP acknowledges the assistance of the style guides provided or published by the Australian
Government Solicitor and the Office of the Director of Public Prosecutions (NSW) in developing this resource.
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CDPP Legal Writing Style Guide
B.
GENERAL PRINCIPLES
11.
The primary principle of this guide is that all written communication should be professional,
concise, unambiguous and in plain English.
12.
Consistency within documents is paramount. Consistency in formatting and expression is critical to
ensure the reader can focus on content and not be distracted by inconsistencies that might detract
from the meaning or importance of the content.
13.
In this guide, the term “templates” refers to internal CDPP templates, as distinct from prescribed
court or statutory forms.
Use plain English
14.
Regardless of the audience and the nature of the document, all text should be in plain English.
3
15.
Part C contains specific guidance about using plain English.
Write for the audience
16.
Write with your audience in mind, adjusting tone, assumed knowledge and complexity as
appropriate to the particular reader.
17.
In its legal work, the CDPP has four key audiences:
17.1. a court;
17.2. other practitioners;
17.3. defendants (when unrepresented); and
17.4. victims, witnesses or other members of the community.
18.
When writing to an external audience, the style should be direct but respectful, setting out the
CDPP’s position with sufficient detail to avoid ambiguity or confusion, consistent with the
impartiality of the prosecution. You should assume that any document may become annexed to an
affidavit or otherwise provided to the court at some future point.
19.
Avoid external communication that is overly familiar or casual.
20.
When commencing external correspondence, the opening greeting should use a person’s formal
title. Only use the person’s ful name where the recipient is not personal y known to you, where a
mailing list is used or where the gender of the recipient is not clear from their name. Avoid “To
whom it may concern” where possible:
Dear Mr Doe or Dear John Doe
21.
Do not use archaic greetings such as:
Dear Sirs
Dear Sir/Madam
Messrs
3
For further information in relation to general principles of writing in plain language, see the Australian
Government Style Manual,
Clear language and writing style.
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CDPP Legal Writing Style Guide
Legal audiences
22.
Communication with a court, whether in the form of submissions or contact with registry or
chambers, should be clear, concise and impartial. In particular, r 29 of th
e Australian Solicitors
Conduct Rules 2021 prescribes:
A prosecutor must fairly assist the court to arrive at the truth, must seek impartial y to have the
whole of the relevant evidence placed intelligibly before the court, and must seek to assist the court
with adequate submissions of law to enable the law properly to be applied to the facts.
23.
When communicating with defence representatives the expression must always be in a form that
could be understood by a court when reading the document in retrospect.
24.
When writing for internal audiences (including decision makers or counsel), it may be appropriate
to assume a certain level of knowledge about legal concepts and/or internal CDPP procedure.
Non-legal audiences
25.
When writing to a non-legal audience (such as unrepresented defendants, victims, witnesses or
other members of the community not regularly involved in the criminal justice system), keep in
mind the different levels of English literacy or comprehension within the wider community and
make content as accessible as possible.
26.
The Australian Government Style Manual provides guidance in relation to
accessible content.
27.
Consider the templates and resources available to assist in communicating with people unfamiliar
with the criminal justice system, including th
e Victims of Crime Manual and the CDPP’s
Victims and
Witnesses website.
28.
On occasion, you wil need to send external correspondence in a language other than English (for
example to prosecution witnesses). Where appropriate, such as where a letter serves a subpoena,
you should engage an appropriately qualified translator. You should draft the English version in
plain English to limit the risk of any loss of meaning through translation.
29.
Th
e Victims and Witnesses website contains a Google translation function which may assist at the
outset or for simple translations.
Use inclusive language
30.
The Australian Government Style Manual provides guidance in relation to
inclusive language.
Non-discriminatory language
31.
Inclusive language conveys gender equality and is gender-neutral. It respects peoples’ preferences
about gender and sexual identity.
32.
Avoid gender-specific terms, unless a term is specified in legislation or the individual concerned has
expressed a preference for a gender-specific title:
Use this
Not this
chair or chairperson chairman or chairwoman
police officer
policeman or policewoman
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CDPP Legal Writing Style Guide
Use this
Not this
foreperson
foreman or forewoman
ordinary person
ordinary man
33.
Where a judgment or legislation uses outdated or gendered language, you should make clear when
you are quoting from that source, and use gender-neutral language in your own drafting.
34.
Do not qualify words or phrases by adding gender unless it is relevant:
Julia Gillard became the first female prime minister of Australia. [Relevant]
Julia Gillard was sworn in by the Governor-General. [It is not relevant to establish gender in
this instance.]
35.
If a person has identified a preferred pronoun, or if the preferred pronoun is clear from available
material, use that pronoun.
36.
Use the terms “they”, “their” or “themselves” in the singular form when referring to:
36.1. a person by their formal position;
36.2. a person who identifies as non-binary or gender-fluid; or
36.3. a non-specified person or a person whose gender is not specified.
First Nations peoples
37.
The Australian Government Style Manual provides important
guidance on how to refer to First
Nations peoples, emphasising the importance of using culturally appropriate and respectful
language when writing with, for or about First Nations peoples.
38.
The following provides a brief summary of the guidance contained in the Manual (as at April 2024):
38.1. Naming protocols are complicated, specificity is often more respectful. If possible and
appropriate, ask for people’s preferences about what they want to be cal ed or how they
want to identify.
38.2. While the term “Indigenous Australians” is in common use, many First Australians may not
be comfortable with it. Due to its common use, there may be times when you cannot avoid
the term. It can be found in court judgments,
4 discussions with government organisations,
or in the names of some organisations. If you are quoting from those sources, use the term
that is used in the original source.
38.3. Use the following hierarchy based on who or what you are referring to:
(a)
For a specific group, use their nation, island or community name.
(b)
For more than one Aboriginal nation, there may be a regional term that is
appropriate, such as Murris or Kooris.
4
For example,
Bugmy v The Queen (2013) 249 CLR 571 and
Love v Commonwealth of Australia; Thoms v
Commonwealth of Australia [2020] 270 CLR 152 use the term “Aboriginal Australians”.
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CDPP Legal Writing Style Guide
(c)
For more than one Torres Strait Islander peoples or islands, there may be a regional
term that is appropriate, such as Kulkalgal.
(d)
For both Aboriginal and Torres Strait Islander peoples, use terms such as “First
Nations people”, “First Australians” or “Aboriginal and/or Torres Strait Islander
peoples”.
38.4. Use capitals when using such terms:
First Nations peoples, Aboriginal and Torres Strait Islander peoples.
38.5. Use plurals when referring to col ectives, which should not be capitalised:
peoples, nations, cultures, languages.
Structure content
39.
Consider the best way to structure your written communication. A well-structured document is
clear to the reader and can make the substantive content more persuasive. It assists a reader both
navigate and understand the content.
40.
The structure of any document or communication should have a logical flow and include headings.
41.
Headings signal a topic change to the reader and help define the scope of the section of the
document.
42.
When using headings, ensure that each heading:
42.1. relates to the paragraphs immediately following the heading; and
42.2. reveals something meaningful about the content of those paragraphs.
43.
Keep headings short, in active voice and consistent in language style. Do not end a heading with a
full stop, exclamation mark or colon. Capitalise the first word and any proper nouns in a heading.
44.
Use the applicable heading styles. You should familiarise yourself with
how to use the Microsoft
styles function.
45.
The heading (and paragraph) styles are in th
e CDPP Legal Styles Reference Document (available
alongside this guide on its library catalogue record). For letters and formal emails, use Heading 2
and below. For other documents (such as written submissions and internal minutes), use all heading
levels:
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CDPP Legal Writing Style Guide
C.
PLAIN ENGLISH
46.
Best practice guidelines for writing in plain English include the following:
46.1. Use everyday words.
46.2. Avoid using legalese. Where you need to use a word with a specific legal meaning,
depending on the audience, you may need to explain that meaning, and any of the concepts
referred to.
46.3. Use the active voice where possible:
“The defendant col ected the parcel.”
Not
“The parcel was col ected by the defendant.”
46.4. Use short, simple sentences, focusing on maintaining clarity. Effective sentences will
generally only contain one or two ideas. Sentences of more than about 25 – 30 words can
often be divided into two sentences that wil be more readily understood by the reader.
46.5. Structure sentences to assist readers to understand critical information. For example, use
“because” rather than “as” to avoid the reader needing to get to the end of the sentence to
ful y understand the content.
46.6. Identify the date and time of an event at the beginning of a sentence:
“On 1 March 2024, the defendant sent a text message to the complainant.”
Not
“The defendant sent a text message to the complainant on 1 March 2024.”
Words and phrases to avoid
47.
Some words and phrases – in particular adverbs or “qualifiers” and compound prepositions – can
add length to sentences without improving clarity or affecting the meaning. They are often
unnecessary and you should generally avoid them.
48.
Typical qualifiers to be used sparingly are words like “very” and “rather”.
49.
Many compound prepositions and other groups of words can be simplified. For example:
Use this
Not this
to
in order to
for
for the purpose of
now
at this point in time
by
by means of
more than
in excess of
however or but having said that
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CDPP Legal Writing Style Guide
Use this
Not this
are or we are
we are in the process of
for
from the point of view of
in
with respect to
50.
Many common phrases are also redundant, for example:
50.1. “the fact that …” is not needed if it is a fact, and
50.2. “It should be noted that …” is also usual y not needed.
51.
The word “that” is also often redundant in a sentence. For example, compare the following (each
with the same meaning):
The respondent submitted that the appropriate disposition was…
The respondent submitted the appropriate disposition was…
52.
Avoid overly embellished phrases or idioms such as “the search revealed” or “the defendant
decamped”.
53.
Avoid using “former” and “latter”.
54.
Use simple, clear words that will be more readily understood by the reader:
use not utilise
while not whilst
55.
Unless required in court forms or in quoting legislation, for clarity and simplicity, do not use archaic
terms such as:
aforementioned, aforesaid, chattels, even date, forthwith, henceforth, hereafter, herein,
hereinafter, heretofore, herewith, hitherto, howsoever, in lieu of, per
56.
Do not use the word “said” to refer to something mentioned in an earlier sentence:
I refer to said letter.
“However”
57.
In order to maintain shorter sentences and clear structure, consider using “however” at the start of
a sentence in contrast with the meaning of the previous sentence, rather than using “however” as a
conjunction joining two contrasting clauses:
I am not sure of the outcome. However, I will let you know as soon as I am advised.
rather than
I am not sure of the outcome, however, I will let you know as a soon as I am advised.
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CDPP Legal Writing Style Guide
Adjectives
58.
Adjectives and adjectival phrases should serve a clear purpose and be used sparingly. Their purpose
is simply to either describe, define or evaluate the noun:
descriptive: a short adjournment
defining: a state court
evaluative: a serious act
59.
Where possible, avoid using two or more adjectives when one will do:
Don’t use adjectives to add unnecessary, pointless, meaningless, unhelpful and repetitive
qualifications to your noun.
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CDPP Legal Writing Style Guide
D.
LEGAL CITATION
60.
You should apply the
AGLC4 as appropriate. Where there are rules or practice notes regarding
citation for court documents, you must comply with them.
61.
Th
e CDPP Library Guide to Case Citations provides summaries of specific guidance from courts in
the different jurisdictions (for example, relating to pinpoint references and parallel citations).
Legislation
Titles
62.
At its first reference, the short title of an Act including its year should be in italics, with the
jurisdiction in parentheses and not italicised. This should be immediately fol owed by the shortened
form you will use in later references (bolded, in parentheses and italicised):
Director of Public Prosecutions Act 1983 (Cth) not
Director of Public Prosecutions Act 1983
(Cth)
The
Crimes Act 1914 (Cth) (the
Crimes Act)
The
Crimes Act prescribes…
63.
To avoid confusion or ambiguity, in its first reference always refer to the jurisdiction:
“
Crimes Act 1914 (Cth)” not “
Crimes Act 1914”
64.
Use the following for the relevant jurisdiction:
(Cth) (ACT) (NSW) (NT) (Qld) (SA) (Tas) (Vic) (WA)
65.
If the document unambiguously refers to only one Act, the Act may be shortened to “the Act” after
the first reference (unitalicised):
The
Crimes Act 1914 (Cth) (the
Act)
66.
Consider whether an abbreviation of the legislation short title is either in common usage or
appropriate, and what form it should take:
The
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the
AML/CTF Act).
67.
For references to multiple Acts, an abbreviation may be appropriate to avoid confusion, so keep it
simple, distinguishable and meaningful:
Section 19AA of the
Crimes Act 1914 (Cth) (the
Crimes Act) was inserted by s 9 of the
Crimes
Legislation Amendment Act (No 2) 1989 (Cth) (the
Amendment Act).
68.
The titles of regulations and other subordinate legislation such as orders are also italicised:
The
Crimes Regulations 2019 (Cth)
69.
The titles of Bills are not italicised:
The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 (Cth)
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CDPP Legal Writing Style Guide
The
Criminal Code (Cth) and other codes
70.
References to provisions within the
Criminal Code (Cth) should be to the “
Criminal Code (Cth)”, and
not to the “
Criminal Code Act 1995 (Cth)”:
5
Section 135.2(1) of the
Criminal Code (Cth) not Section 135.2(1) of the
Criminal Code Act
1995 (Cth)
71.
This may be the case with other codes or substantive components of legislation located in a
schedule to an Act (for example the
National Credit Code (Cth)). Refer to the relevant Act for
guidance.
Pinpoint references
72.
When referring to sections, subsections and paragraphs within a sentence, put a non-separating
space (see paragraph
182 below) between the abbreviation and the number.
6 Use the abbreviation
that corresponds to the highest “level”:
When referring to
Use this
Not this
The specific section
s 6
s6 or s.6
The specific subsection
s 6(1)
sub-s 6(1) or subsection 6(1)
The specific subsection if
sub-s (1)
sub-s 6(1) or subsection 6(1)
the relevant section has
been identified
The specific paragraph
s 6(1)(a)
para 6(1)(a) or
paragraph 6(1)(a)
The specific paragraph if the para (a)
para 6(1)(a) or
relevant section and
paragraph 6(1)(a)
subsection has been
identified
Multiple sections
ss 6-8 or ss 6, 7, 9 or
ss6, 7 and 8 or
ss 6(1), 7(2), 8(3)
sub-ss 6(1), 7(2) and 8(3)
73.
When starting a sentence with a pinpoint reference, use the word “Section” capitalised and in full
for sections, subsections and paragraph references:
Section 5 … or Section 5(1) … or Section 5(1)(a)
74.
These practices also apply to Regulations and other subordinate legislation and Bills.
75.
For further information, including other abbreviations for pinpoint references, see 3.1.4 of
the
AGLC4.
5
The “Criminal Code” is the Schedule to the
Criminal Code Act 1995 (Cth). Section 3(1) prescribes the Schedule
has effect as a law of the Commonwealth and s 3(2) provides the Schedule may be cited as the “
Criminal
Code”.
6
To assist search functionality, many online resources (including The Desk) do not use this convention, instead
they do not put a space (for example, “s6”). For online legal research, refer t
o CDPP Research Training and
Support.
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CDPP Legal Writing Style Guide
Legislative definitions
76.
Unnumbered definitions should be cited as fol ows:
Criminal Code (Cth) Dictionary (definition of “harm”).
77.
If providing substantive analysis of a term defined in legislation, consider bolding the term and
referring to the relevant provision, to assist the reader to identify the term:
The term
import includes two limbs (see s 300.2 of the
Criminal Code (Cth)).
Explanatory Memoranda
78.
The singular form is memorandum, and the plural form is memoranda.
79.
These sources should be cited as follows:
Explanatory Memorandum, Crimes Legislation Amendment (Combatting Foreign Bribery) Bill
2023 (Cth), 10 [101].
Addendum to the Explanatory Memorandum, Crimes Legislation Amendment (Combatting
Foreign Bribery) Bill 2023 (Cth), 3 [4].
80.
In some jurisdictions, this document may be cal ed an “Explanatory Statement”, or “Explanatory
Note”. Identify the document as it is described in the relevant jurisdiction.
Hansard
81.
Hansard should be cited as follows:
Commonwealth,
Parliamentary Debates, House of Representatives, 22 June 2023, 5015
(Mark Dreyfus KC, Attorney-General).
Cases
82.
For documents used in court proceedings, refer to the most authorised version of the case. Where a
case is not reported in an authorised law report, using the unauthorised law report is acceptable.
83.
At its first reference in the text, set out the ful citation of the case. The parties’ names are in italics,
with the date and the remainder of the citation unitalicised. This should be immediately followed by
the shortened form you wil use in later references (bolded, in parentheses and italicised). For
pinpoint references within cases, use both page numbers and paragraph numbers where the case is
reported. When the case is not reported use only the paragraph number. Place the pinpoint after a
comma, and do not use the word “at”:
Ansari v The Queen (2010) 241 CLR 299, 312 [35].
Ibrahim v The Queen [2020] NSWCCA 241, [3].
R v Leach [2019] 1 Qd R 459.
R v Nerbas [2014] QCA 259, [41] (
Nerbas).
not
Ansari v The Queen (2010) 241 CLR 299 at [35].
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CDPP Legal Writing Style Guide
84.
For pinpoint references in text:
84.1. When referring to a page number, use the ful word “page”.
84.2. When referring to a paragraph, use either the word paragraph or use square brackets, but
not both.
When referring to
Use this
Not this
Page
page 4
p 4
Paragraph
paragraph 16 or [16]
paragraph [16]
85.
For more detailed guidance (including citations, specific jurisdictional requirements and common
abbreviations), refer to the
CDPP Library Guide to Case Citations.
References to judicial officers
86.
When referring to a judicial officer, use the relevant post nominal (J, JJ, CJ, etc) if the reference
occurs within the sentence. If the reference occurs at the beginning of a sentence, use their full
title. When referring to the officer in a footnote, place their name in brackets at the end of the
citation:
[In text] The judgment of Kirby J …
[Start of sentence] Justices Gummow and Heydon referred to …
[Citation]
R v Tang (2008) 237 CLR 1, 24 [46] (Gleeson CJ), 55 [134] (Hayne J).
87.
For subsequent references, use “her/his Honour” or “their Honours”, without capitalising
her/his/their (unless at the start of the sentence):
Her Honour then stated …
In considering their Honours’ reasoning …
Secondary sources
88.
The general rules for citing secondary sources are set out in Part II of the
AGLC4.7
89.
Capitalise each word in titles of secondary sources, excluding articles (the, a, an), conjunctions (and,
but) and prepositions (on, with, before, within, in):
Troy Anderson,
Commonwealth Criminal Law (The Federation Press, 3rd ed, 2022) 1 [1.1.1].
Matthew Goode, ‘Sentencing with Mandatory Minima and Element Analysis’ (2024)
47
Criminal Law Journal 199, 201.
7
While the CDPP Legal Writing Style Guide adopts using double quotation marks as a general rule, the AGLC4
prescribes using single quotation marks for journal articles, which has been adopted in this guide.
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CDPP Legal Writing Style Guide
CDPP policies and guidelines
90.
As with secondary sources, capitalise each word in titles of policies and guidelines, excluding articles
(the, a, an), conjunctions (and, but) and prepositions (on, with, before, within, in). CDPP policies
should not be in italics:
NLD: The Duties/Role of the Prosecutor at a Sentence Hearing.
NOG: Section 135.2,
Criminal Code (Cth).
The Prosecution Policy of the Commonwealth
91.
The ful title of this document is the
Prosecution Policy of the Commonwealth: Guidelines for the
Making of Decisions in the Prosecution Process. When writing to an external audience, at its first
reference, refer to the
Prosecution Policy of the Commonwealth (italicised and capitalised), and
define the term “the Prosecution Policy”. When writing to an internal audience, you may refer to
“the Prosecution Policy” without needing to define it:
Audience
Use this
External
The
Prosecution Policy of the Commonwealth (the
Prosecution Policy)
underpins al decisions made by the CDPP throughout the
prosecution process and promotes consistency in decision making.
Internal
The Prosecution Policy underpins al decisions made by the CDPP
throughout the prosecution process and promotes consistency in
decision making.
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CDPP Legal Writing Style Guide
E.
REFERENCES TO PARTICULAR PEOPLE, ENTITIES AND CONCEPTS
The Director and the Office
92.
In accordance with s 5 of the
Director of Public Prosecutions Act 1983 (Cth), there is a critical
distinction between the Office and the Director personal y. In external communication, when
referring to the Office for the first time, refer to the name of the Office in full and then refer to the
acronym “CDPP” and make it a defined term:
The Office of the Director of Public Prosecutions (Cth) (
CDPP).
93.
In the alternative, the CDPP may also be referred to as “this Office” (capitalised). When referring to
a specific location, use “office” (not capitalised) or “jurisdictions”, and not “regions” or “regional
offices”. Depending on local jurisdictional practices for proceedings on indictment, it may also be
appropriate to refer to “the Crown”:
This Office’s position in relation to … [refers to the CDPP]
The Perth office is located at … [refers to a location]
The Crown submits … [refers to the CDPP in proceedings on indictment]
Each jurisdiction must consider … or each state/territory office … or each office not each
regional office.
94.
The CDPP (ie the entire Office) is a singular entity, therefore:
The CDPP has … not CDPP have …
95.
Refer to the Director as the “Director of Public Prosecutions (Cth)”. For subsequent references or
where there is no ambiguity in context, you may refer to “the Director”. Only refer to the Director’s
position if they have personally made a decision in relation to the matter in issue:
The Director of Public Prosecutions (Cth) has given consent in this matter. The Director has…
The Director has declined to commence an appeal in this matter.
96.
The Director’s Chambers is comprised of the Director and her immediate support staff. Do not refer
to the Director’s Office.
Practice Groups, work groups and positions
97.
For internal audiences, you can assume the reader will understand our Practice Group or position-
based acronyms without needing to write them in ful . For external communication (written
submissions, letters, etc), assume the reader will not be familiar with internal acronyms.
98.
Capitalise the titles of Practice Groups, and other work groups:
Human Exploitation and Border Protection, Enabling Services Group, Director’s Chambers,
etc
99.
Capitalise the names of teams, but not the word “team”:
Library and Research Services team
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CDPP Legal Writing Style Guide
100. When identifying a person, state their position first fol owed by their name (but not separated by a
comma):
Commonwealth Solicitor of Public Prosecutions Jane Doe
Deputy Director John Doe
101. When referring to a Deputy Director/Practice Group Leader to an external audience, refer to them
as a Deputy Director.
102. Capitalise formal position titles, such as:
Director, Prosecution Team Leader, Branch Head, National Manager, Legal Support
Officer, etc
103. Do not capitalise descriptive or col ective job names, such as:
prosecutors, clerk, registrars, project officers, etc
104. When writing to an internal audience, use acronyms if they will clearly be understood:
SFP, PTLs, AD, CSPP, LSO
Referring to yourself
Correspondence
105. In external correspondence, you should speak in the first person (I/me). Do not use “we” or “our” or
refer to yourself in the third person. When addressing the reader (defence representative,
investigator, witness, defendant), directly use “you” and “your”:
I refer to your letter of 1 March 2024 … not We refer to your letter of 1 March 2024…
Please contact me … not Please contact the writer.
106. It is not generally appropriate for you refer to “my view”. If referring to a position of the CDPP, refer
to the CDPP or the Office:
This Office’s position to the application is… not Our position to the application is…
The CDPP filed an application… not We filed an application…
107. However, it may be appropriate for senior prosecutors with formal decision making delegations to
refer to their own position or opinions.
108. Close letters with:
Format
Example
Yours faithfully,
Yours faithfully,
[e-signature]
[Name]
John Doe
[Position]
Federal Prosecutor
109. In email correspondence, close with your name, fol owed by your
email signature block, without
inserting an e-signature.
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CDPP Legal Writing Style Guide
110. Do not sign correspondence on behalf of the Director, for example:
John Doe
for Director
Court submissions
111. Subject to any local jurisdictional practices, in written submissions, do not refer to yourself in
submissions, but refer to “the Prosecution” or “the Crown”:
The Crown accepts … not I accept …
The Prosecution concedes … not I concede …
112. This guidance does not apply to oral submissions. You must fol ow the current practice notes or
guidelines for the jurisdiction in which you appear.
Internal communication
113. In internal communication, refer to yourself in the first person (I/me), not “myself”. Where a
document is jointly written (for example a minute prepared by a prosecution team), it may be
appropriate to use “we” etc. Use “you” and “your” to address the reader, not “yourself”.
Partner agencies and investigators
114. For the first reference, refer to the full title of the agency (capitalising each word), followed by an
appropriate acronym:
The Australian Federal Police (
AFP) …
The Great Barrier Reef Marine Park Authority (
GBRMPA) …
115. Depending on local jurisdictional practices, it may be appropriate to refer to the “investigator”,
“informant” or “officer in charge”. Avoid referring to investigators as the “case officer” because this
may be confused with the CDPP case officer.
116. Capitalise formal positions, titles or ranks:
Captain, Senior Constable, Inspector etc.
117. Capitalise the titles of work groups:
Crime Command, Fraud Prevention and Internal Investigations, etc.
Defendants, accused and offender
118. Each jurisdiction has its own practice for referring to persons charged with criminal offences, and
that term may change depending on the stage of the proceeding. In all situations, confirm the
practice in the relevant jurisdiction. Otherwise, in general:
118.1. A person charged with an offence in the Magistrates or Local Court is a “defendant”.
118.2. Once a person has been committed to a superior court for trial (or is subject to an ex officio
indictment), the person becomes an “accused”. The plural of “accused” is “accused”,
without adding an “s”.
118.3. At any stage of criminal proceedings, once a person pleads guilty or has been found guilty,
the person becomes an “offender”.
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118.4. In proceedings on appeal or relating to an appeal, a party may be referred to as the
“applicant” or “appel ant” depending on whether they need to apply for leave to appeal or
can appeal by right.
119. These terms should not be capitalised unless defined in accordance with paragraph
155 below
(acronyms, abbreviations and defined terms).
120. For internal communication use:
120.1. the local jurisdiction’s terminology;
120.2. the term “defendant” for any stage of proceedings; or
120.3. the term “accused” in superior courts.
Victims and complainants
121. Avoid referring to individuals as “victims” prior to a finding of guilt in the relevant proceedings. Use
the term “complainants”.
122. This practice may be something you should explain to complainants.
Child abuse material
123. Avoid using the acronym “CAM” in external communication to refer to child abuse material. It
detracts from the gravity of the material.
124. Avoid using the term “child pornography material” or “child exploitation material” unless quoting
directly from repealed legislation or a case. In 2019, the
Criminal Code (Cth) was amended to
replace each of these terms, instead incorporating them within the definition of “child abuse
material”. As the Explanatory Memorandum for the
Combatting Child Sexual Exploitation
Legislation Amendment Act 2019 (Cth) explained:
8
… the term ‘child pornography material’ is no longer considered appropriate or accepted
terminology. Attaching the term ‘pornography’ to this material is a barrier to conveying the
seriousness and gravity of the offences, the inherently abusive nature of the material, and the harm
faced by the children. Further, label ing content as ‘child pornography material’ may inadvertently
legitimise that material by associating it with legal forms of (adult) pornography. The inference that
‘pornography’ is associated with consenting subjects participating in legal behaviour is entirely
inappropriate where the behaviour depicted involves the abuse of children.
8
Explanatory Memorandum, Combatting Child Sexual Exploitation Legislation Amendment Bil 2019
(Cth), 7 [40].
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CDPP Legal Writing Style Guide
F.
SPELLING AND PUNCTUATION
125. The Australian Government Style Manual provides a useful overview of basic principles of
spelling,
grammar and sentence construction. The following Part provides specific guidance for legal writing
at the CDPP.
Australian English
126. Use Australian English from th
e Macquarie Dictionary, using modern spelling of words. However,
where terms are used in legislation, use the legislative spelling, for example:
recogni
zance not recogni
sance (see Part IB of the
Crimes Act 1914 (Cth))
The
Criminal Code Regulations 2019 (Cth) sch 2 item 157 uses “Me
thamphetamine”, but the
Drug Misuse and Trafficking Act 1985 (NSW) sch 1 uses “Me
thylamphetamine” to refer to
the same control ed drug. (emphasis added)
Foreign words or phrases
127. Foreign words included in the
Macquarie Dictionary are considered to be Australian English and are
not italicised. All other foreign words, including Latin legal terms, not listed in the
Macquarie
Dictionary are italicised:
prima facie not
prima facie
pro forma not proforma or pro-forma
ad hoc not
adhoc or
ad-hoc
The
Police Nationale and the
Gendarmerie (being the French police forces)
128. Avoid using foreign words or phrases, including Latin legal expressions, when an English equivalent
is available and appropriate to the audience. For example, while terms such as prima facie,
ex officio, ratio decidendi, obiter dictum and ex parte wil be readily understood by judges and
lawyers, use those phrases carefully with non-legal audiences.
Capitalisation
129. As a general rule, use capitalisation for proper nouns, defined terms or titles of secondary sources
(such as books and journals), as well as policies or other guidelines.
130. The following words are treated as proper nouns and therefore capitalised when used to refer to
the specific Australian entity:
Commonwealth of Australia, Australian Government and Opposition, Cabinet, Parliament,
the Constitution, Budget (as in federal Budget)
131. Capitalise the terms “State” and “Territory” when referring to a specific state or territory, or when
referring to all eight jurisdictions collectively:
The State of South Australia …
The laws of the States and Territories …
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132. Do not use capitals when using the terms generally (including as an adjective):
state and territory courts …
state legislation …
133. Capitalise specific events and documents:
Second Reading Speech, Explanatory Memorandum, Commonwealth Procurement Rules,
APS Code of Conduct
134. Capitalise the full title or reference to a specific entity or person. Do not capitalise the generic or
non-specific use of any such term, for example:
The County Court of Victoria
A Victorian court
Victorian courts
court, judge, minister, department, secretary, committee, agency
135. See paragrap
h 102 above for references to internal positions and titles.
Specific words
Gaol or jail
136. The
Macquarie Dictionary says, “[i]n general the spelling of this word has shifted in Australian
English from
gaol to
jail. However, gaol remains fossilised in the names of jails, such as Parramatta
Gaol, and in some government usage.” The term “gaol” is also used in the
Crimes Act 1914 (Cth)
(see ss 15, 16 and 23W) and various pieces of state and territory legislation. You may use either
term, but be consistent within the same piece of written communication.
Judgement or judgment
137. A decision of a court does not include an additional
e:
The judgment of the High Court.
Each staff member is expected to exercise appropriate judgement.
Pleaded
138. The past tense of “plead” in standard Australian English is “pleaded”. Do not use the American
English variation, “pled”.
Subpoena and subpoenas
139. The plural of “subpoena” is “subpoenas”, not “subpoenae”.
Punctuation
Apostrophes
140. Apostrophes are used to signal possession and the contraction of words (eg can’t), not plurality.
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CDPP Legal Writing Style Guide
141. Where a noun ends in the letter
s, include a further
s after the apostrophe:
James’s car not James’ car.
142. When using an acronym, only use an apostrophe when denoting possession and not a plural:
ADs and PTLs not AD’s and PTL’s
The CDPP’s practice group model not the CDPPs practice group model
143. When referring to periods of time, use an apostrophe, “of” or “for”:
10 years’ imprisonment not 10 years imprisonment
10 years of imprisonment or imprisonment for 10 years not 10 years’ of imprisonment
4 weeks’ notice not 4 weeks notice
4 weeks of notice not 4 weeks’ of notice
144. When referring to the possession of a person with post nominals, place the apostrophe and
s after
the post nominal letters:
Jane Doe SC’s opinion …
The reasoning in King J’s judgment …
145. When referring to the Magistrates Court or Children’s Court in your jurisdiction, use an apostrophe
if it forms part of the court’s formal name, for example:
Victoria: Magistrates’ Court
South Australia: Magistrates Court
New South Wales: Children’s Court
Queensland: Childrens Court
146. See the Australian Government Style Manual section on
apostrophes for further guidance.
Ful stops
147. Do not use ful stops in addresses or headings.
148. Use only one space after a full stop.
149. The position of full stops varies when text is in brackets:
When bracketed text appears within a sentence, the punctuation fal s outside the brackets
(unless the bracketed text is a complete sentence).
(When a complete sentence is in brackets, the punctuation falls inside the brackets.)
Hyphens
150. Use hyphens to create compound words (especial y adjectives) and to attach some prefixes to
qualify a word. Hyphens are used inconsistently in different contexts. Where you use a hyphen, be
consistent within the document. Inconsistent use of hyphens may cause confusion to the reader.
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CDPP Legal Writing Style Guide
Parenthetic clauses
151. Parenthetic clauses are additional clauses within a sentence, set between commas, parentheses
(brackets) or dashes, and are generally used to add modifying or additional information to the
central idea of a sentence. Use them sparingly and correctly. If your sentence is long-winded, recast
it or break it into two or more sentences. For example:
Parenthetic clauses (set between commas, brackets or dashes) are often used to add
modifying or additional information to the central idea of a sentence. If overused, they can
make a sentence too long to comprehend and distract or confuse the reader.
not
Parenthetic clauses, which are often used to add modifying or additional information to the
central idea of a sentence – and are most often punctuated by commas or dashes but can
also appear in brackets – can be overused and make a sentence too long (for easy
comprehension) and this can often distract or confuse the reader.
Quotation marks
152. Use double quotation marks for quotations within text or dialogue. Only use single quotation marks
for quotations within quotations.
153. Do not italicise quoted text.
154. If a quotation is longer than one sentence (about 20-25 words), set it separately as a block
quotation, using the “long quote” style (size 10, indented and not in italics). Do not include
paragraph numbers in the quoted text. Instead, put the pinpoint reference in either the lead-in to
the quote or in the relevant citation. Identify any emphasis appropriately by either inserting
“(emphasis in original)” or “(emphasis added)” at the end of the quote:
The Prosecution Policy states (at [2.1]):
It has long been recognised that not al criminal offences must automatical y result in a
criminal prosecution.
The resources available for prosecution action are finite and should
not be wasted pursuing inappropriate cases … (emphasis added)
Acronyms, abbreviations and defined terms
155. Put acronyms, abbreviations and defined terms in parentheses (capitalised and bolded) so the
reader can easily identify a word as abbreviated or defined, refer back to it, and confirm its
meaning. Do not use double quotation marks to define the term:
Jane Doe (
Offender) pleaded guilty to …
John Doe (
Complainant) stated …
156. Do not introduce an acronym or define a term if it is not used again later within the document.
Once an acronym or defined term has been introduced, use it for al future references to the term.
157. Do not use full stops in acronyms, abbreviations or contractions:
eg ie ACT NSW ACCC FWA Qld Anzac Qantas
158. A list o
f commonly used acronyms and abbreviations used at the CDPP is published on The Desk.
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CDPP Legal Writing Style Guide
G.
NUMBERS, DATES AND TIMES
Numbers
159. In general, write the numbers zero to nine in words and use numerals for 10 and above.
160. When using ordinal numbers (such as first, second, third, etc), spell out the numbers from “first” to
“ninth”, and use numerals from 10th onwards.
161. Do not write the numeral in brackets after writing the word (ie “four (4)”).
162. If a number starts a sentence, write it out in full.
One hundred and seventeen people responded …
not
117 people responded …
Dates
163. For external publications, the format for dates in correspondence and text is:
26 August 2020 not 26th August 2020 or August 26, 2020
164. In internal communication, references to dates can be shortened:
6 Oct 2020 [DD Mmm YYYY] not 6.10.2020 or 6-10-2020 or 06/10/20
Time of day
165. Express time in numerals followed by a non-separating space and then am or pm. Use a colon
between the hours and minutes:
9 am or 9:00 am not 9.00 am or 09:00 or 9am
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CDPP Legal Writing Style Guide
H.
FORMATTING
Templates and styles
166. Use the most recent, applicable CDPP template when creating documents.
167. Do not use old templates (including those using the CDPP’s previous gold branding theme).
168. Exercise caution when cutting and pasting from old templates or documents because they may not
have used the same font colour or spacing:
Some of the text from this paragraph has been cut and paste from an earlier precedent
that used a different font colour and spacing.
169. Update the formatting of text that has been copied from previous documents to ensure consistency
within the new document. Consider using th
e format painter function.
170. CDPP templates have a defined set of styles for all text types, including paragraphs and headings.
Those styles contain the applicable spacing, margins and font. (See
how to use the Microsoft styles
function.)
171. The standard paragraph (and heading) styles to be used in legal writing are set out in th
e CDPP
Legal Styles Reference Document (available alongside this guide on its library catalogue record).
172. If you are preparing material for court, and a relevant CDPP template is not available, ensure that
your document complies with any court rules and/or practice notes relating to font, spacing and
margins.
173. If you need to create your own document (subject to any court rules and/or practice notes), use the
following formatting (reflected and adopted in this guide):
173.1. Normal font: 11 point Calibri (pure black).
173.2. Margins: 2 cm (top, bottom, left, right).
173.3. Alignment: Left.
173.4. Indentation: Left, 1 cm.
173.5. Spacing: Before – 8 pt, After – 6 pt.
173.6. Line spacing: Multiple, at 1.15 cm.
Numbered paragraphs and lists
174. Use numbered paragraphs in all minutes, submissions, statements of facts and letters, and any
formal emails longer than a few paragraphs. Numbered paragraphs make it easy for users to scan
and understand longer documents.
175. Within a document, structure and style lists with the reader in mind. Set up a consistent
grammatical structure for list items with a lead-in sentence (sometimes cal ed a chapeaux). End the
lead-in sentence with a colon (:). Use “para keep with next” for all lead-in sentences (see
paragraph
182 below).
176. Consistent with the CDPP template paragraph level styles, use numbered or lettered lists within a
paragraph, not bullet points. This assists with pinpoint references, particularly when making oral
submissions referring to written submissions, or in subsequent correspondence.
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CDPP Legal Writing Style Guide
177. If using a sentence list (being a list of related complete sentences), start each item with a capital
letter and end each item with a ful stop:
1.
In the record of interview, the Offender made the following admissions:
1.1 On 19 April 2023, she applied to open a PO Box at the Brisbane GPO.
1.2 On 30 April 2023, she visited the Brisbane GPO, and accessed PO Box 123.
178. If using a fragmented list (being a list of words, phrases or incomplete sentences), start each item
without a capital letter and end each item with a semi-colon (;). Include “and” or “or” after the
second-last item as appropriate:
1.
Section 16A of the
Crimes Act 1914 (Cth) requires the court to consider a number of
factors on sentence, including:
1.1 the nature and circumstances of the offence;
1.2 the personal circumstances of any victim of the offence; and
1.3 the prospect of rehabilitation of the person.
Footnotes
179. For ease of reference to the citation information, use footnotes and not endnotes.
180. Place the footnote reference after any punctuation:
The maximum penalty for the offence is imprisonment for 10 years.1
not
The maximum penalty for the offence is imprisonment for 10 years1.
181. Footnotes should be in the appropriate style as set out in the CDPP template. If no template is
available, use size 10 Calibri font (hanging at 1.2 cm).
Keeping relevant text together
182. To ensure related information does not split across lines, use non-separating spaces and hyphens,
also known as non-breaking spaces/hyphens (hotkey: ctrl+shift+space and ctrl+shift+hyphen):
A court may make a reparation order in relation to an offence taken into account under
s 16BA of the
Crimes Act 1914 (Cth).
not
A court may make a reparation order in relation to an offence taken into account under
s
16BA of the
Crimes Act 1914 (Cth).
The Defendant agreed to give evidence for the Crown relating to the conduct of his
co-accused.
not
The Defendant agreed to give evidence for the Crown relating to the conduct of his
co-
accused.
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CDPP Legal Writing Style Guide
183. Do not use a “soft return” (hotkey: shift+return) to force text onto the next line. This only creates
formatting issues if the text is later amended.
184. To ensure key related information does not split across a page, use th
e “keep with next” function
for headings and the lead-in sentence of any list, before a block quote or table. If you format lead-in
sentences at the time of writing this wil reduce the amount of formatting required to finalise a
document.
Cross-references and hyperlinks
185. Inser
t cross-references to other paragraphs or sections within the document.
9
186. Where appropriate,
10 inser
t hyperlinks (at first reference) to:
186.1. the primary source page of key authorities and legislation;
186.2. policies (such as NLDs and NOGs); and
186.3. relevant attachments (such as indictments, statements of facts and other annexures).
187. External audiences will not be able to access hyperlinks to material on internal pages or systems.
Consider using hyperlinks to primary source pages for external audiences.
9
Before finalising a document, update al cross-references (including those within a table of contents) by
pressing CTRL+A then F9, and fol ow any prompt to resolve any error messages.
10
In internal communications this wil general y assist the reader, but hyperlinks might not be appropriate in
documents filed in court proceedings.
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CDPP Legal Writing Style Guide
I.
DOCUMENT RELEASE INFORMATION
Approval for release
Position
Raelene Sharp KC, Director
Date
23 April 2024
Version control
Version
Date
Author Description
Next review
1.1
23 April 2024
LCP
First Release
October 2024
30
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CDPP Legal Writing Style Guide – Annexure A: Applying this guide to non-legal writing
ANNEXURE A: APPLYING THIS GUIDE TO NON-LEGAL WRITING
1.
The CDPP Legal Writing Style Guide applies to written communication prepared in the course of the
CDPP’s legal practice, as well as legal policies and guides. It contains general principles applicable
across the CDPP and some technical aspects that apply specifically to legal writing.
2.
All CDPP staff (including those who do not ordinarily prepare legal written work) should be familiar
with this guide and apply its general principles by ensuring:
2.1. their writing is professional, concise, unambiguous and in plain English;
2.2. formatting and expression within a written piece of work is consistent; and
2.3. they write with the intended audience in mind, adjusting tone, assumed knowledge and
complexity as appropriate.
3.
When preparing non-legal written communication, al CDPP staff should have regard to at least the
following aspects of this guide:
3.1.
Part B: General Principles;
3.2.
Part C: Plain English;
3.3.
Part E: References to particular people, entities and concepts;
3.4.
Part F: Spelling and punctuation; and
3.5. In Part H: Formatting
(a)
Numbered paragraphs and lists;
(b)
Keeping relevant text together; and
(c)
Cross-references and hyperlinks.
4.
Where written communication is Australian Government content in the context of the CDPP’s role
as an agency in the Australian Public Service (as distinct from communications prepared in the
context of its legal practice), the communication should conform with the Australian Government
Style Manual as appropriate. Relevant examples include the annual report, online content, and
other similar publications. Where you are uncertain about which conventions apply, consider the
context of the writing, the audience, and the specific role of the CDPP.
Document Outline
