What is the function of the prosecutor?
The prosecutor's principal role is to assist the court to arrive at the truth and to do justice between the community and the accused, according to law and the principles of fairness. A prosecutor must not argue the prosecution’s case for a conviction beyond a full and firm presentation of that case. Nevertheless, there will be occasions when the prosecutor will be entitled firmly and vigorously to urge the prosecution’s view about a particular issue and to test, and if necessary vigorously test, that advanced on behalf of an accused person or evidence adduced by the defence. The ODPP adopts the International Association of Prosecutors’ Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors A prosecutor must:
As a party to the proceedings, the prosecution is entitled to procedural fairness. This may mean, for example, that an adjournment should be sought when the defence gives insufficient notice of alibi or expert evidence. 2.3 The role of the prosecutor in trials and summary hearingsGeneral conduct In trials and summary hearings a prosecutor:
Calling witnesses
A prosecutor must: 3. object to any question asked of a prosecution witness that:
4. conduct cross-examination of the accused fairly and not suggest a reversal of the onus of proof when cross-examining the accused or addressing the court
Witness conferences A prosecutor may assist a witness prepare to give evidence by:
A prosecutor may:
A prosecutor must not:
Evidence A prosecutor must not inform the court or the defence that the prosecution has evidence supporting an aspect of its case without believing on reasonable grounds that such evidence exists or will be available, and must promptly inform the defence and the court if later learning that the evidence will not be available. A prosecutor must promptly inform the defence if intending to use evidence that the prosecutor has reasonable grounds to believe may have been unlawfully or improperly obtained. Where a witness is expected to give controversial evidence, or where their conduct is impugned in relevant ways in other parts of the prosecution brief, the prosecution should disclose that witness’s criminal history to the accused’s legal advisers at an early stage. 2.4 The role of the prosecutor in sentencingThe prosecutor has an active role to play in the sentencing process. It is the duty of the prosecutor to present the facts of the case at sentence. Whenever possible a statement of agreed facts should be submitted (see Guideline 4.4). If the offender is being sentenced after trial or hearing, the prosecutor should prepare a summary of the facts capable of being found by the judge or magistrate that is consistent with the verdict. Where facts are asserted on behalf of the offender that are contrary to the prosecutor’s position on a matter of some significance to sentence, the prosecutor should identify areas in agreement and those to be determined following a hearing (often referred to as a ‘disputed facts hearing’). The prosecutor must:
The prosecutor must provide reasonable notice to the defence of any witness required for cross-examination. If the prosecutor has been given insufficient notice of defence material to properly consider the prosecution’s position or verify defence assertions, an adjournment should be sought. Whether notice is insufficient will depend on the seriousness of the offence, the complexity and volume of the new material, the significance of the new allegations, the degree of divergence between the prosecution and defence positions and the availability of the means to check the material’s reliability. A prosecutor may:
A prosecutor must not in any way limit the discretion of the Director to appeal against the inadequacy of the sentence. |