Introduction

States are the dominant players in Australian criminal justice. Not only are state agents – police, prosecutors, regulators and courts – the key decision-makers in criminal process (see Chapter 2: Choices) but state institutions – the executive, parliament and courts – are also the source (or interpreters) of all statutory offence provisions (see Chapter 1: Words). It is less widely recognised that states can also play other roles: as victims of some crimes and as complicit in (or even perpetrators of) others.

This final chapter examines the role of government as the subject, object and context of many breaches of the criminal law. Section 12.2 considers the conflicting roles of states in the criminal law. Section 12.3 sets out the role of states in offence definitions and exceptions. The final section, 12.4, examines the potential impact of state behaviour on others’ criminal responsibility.