Ethics

Question 1

What is the case law regarding the interest of disclosure for police?

Answer 1

Bradley v Senior Constable Chibly

Question 2

What are the 3 categories that a prosecutor must disclose?

Answer 2

Is or might be relevant to an issue in a case.
It raises a new (unknown) issue.
It holds outs a real prospect of providing a lead on evidence

Question 3

What are the 6 lists of material that must be disclosed by a prosecutor?

Answer 3

1. Statements of witnesses proposed to be called
2. Advance notices of discrepancies between a statement and evidence
3. Statements of witnesses proposed NOT to be called
4. Prior convictions of prosecution witnesses or other relevant material that effects their credibility
5. Material that could be reasonable seen to credit the defence case
6. Material relevant to mitigation of sentence.

Question 4

When can you withdraw a charge without approval?

Answer 4

Fail to appear (when S4 granted)
Back up/alternate charge
Incorrect charge with written confirmation from OIC
On the day of hearing (if criteria is met)

Question 5

What is the 4 sets of criteria for when can you amend a facts sheet without approval?

Answer 5

1. Contains reference to facts that relates to offences which the accused has not been charged
2. Charge withdrawn, related section of facts
3. Facts refer to evidence/information prosecution is not in a position to prove
4. Accused person agrees guilty to an agreed set of facts

Question 6

What is the case law regarding removing references for which to the facts for which the accused is not charged?

Answer 6

R v De Simoni

Question 7

Who can give media access to court documents as per Section 314 of the Criminal Procedure Act

Answer 7

The registrar of the court.

Question 8

What are the considerations for withdrawing a charge on the day of the hearing when a witness/victim do not attend?

Answer 8

1. Subpoena issued
2. Contact made with witness/victim indicating non attendance or uncontactable
3. No other admissible evidence
4. Application for adjournment/warrant refused
5. Consultation with police informant.
6. Consultation with Prosecutions Team Leader

Question 9

What legislation does the ongoing duty of disclosure of a prosecutor come from?

Answer 9

Section 87 and 88 of the Bar Rules.

Question 10

What is the criteria for discussing matters off record with the invitation of the magistrate?

Answer 10

Defence must be present
Must not discuss an active case
Must be fair and ethical

Question 11

What happens when you withdraw a charge?

Answer 11

A failed prosecution must be recorded on CMFMS