3.1.10 part a - need for legal practitioner Flashcards
define prosecution
is the party that acts on behalf of the common wealth or state and brings a criminal case to court.
what’s the prosecutions aims
to convince the judge or jury that the accused is guilty beyond reasonable doubt.
two roles of the prosecution
-determine which witnesses are called to give evidence during the trial.
pros must call relevant witnesses, rather than those who tend to support a guilty verdict.
-present evidence at a trial. as the prosecution has the burden of proof it must present evidence to prove the accused is guilty beyond reasonable doubt
define the accused
the party who is charged with a criminal offence
what’s the role of the accused
-decide which lawful defences to put to the court. where an accused raises a specific defence, such as self defence, the burden to prove this defence falls upon the accused
-be present at all court proceedings related to the case
in most criminal cases the accused is required to be present