L10 - Role of the Prosecutor

Question 1

What is the purpose of the model litigant guidelines?

Answer 1

Set standards for how the state should behave as a party to legal proceedings.

Question 2

Which one of these is not a consideration of a reasonable prospect of conviction?
A) any possible defence.
B) the reliability and credibility of the evidence
C) victims attitude to the proceedings
D) how the witnesses are likely to present in court

Answer 2

All are considerations except for C

Question 3

True or false: the magistrate will sentence on the basis of what is read out – not what other matters are in possession of the prosecutor

Answer 3

True

Question 4

What is section 328 of the criminal procedure act 2009?

Answer 4

A party to a criminal proceeding may appear
A) personally, or;
B) by legal practitioner or other person empowered by law to appear for the party; or
C) in the magistrates court, in the case of an informant who is a police officer or a protective services officer, by a police prosecutor.

Question 5

When are we allowed to withdraw charges?

Answer 5

After successful completion of Mod 2

Question 6

What are the withdrawal considerations

Answer 6

Must follow DPP policy prior to withdrawing any charge, must justify decision to W/D, are there sufficient notes regarding decision to withdraw- alternate vs substantive, who authorised withdrawal report, who does the report.

Question 7

Who must sign the withdrawal report?

Answer 7

Prosecutor who is withdrawing charge, and also the sub-officer. Copy of wd report must be attached to brief and recorded on BMS

Question 8

The Informant or Prosecutor MUST consult the victim before what?

Answer 8

Accepting a PG to lesser charge
Laying alternate charges
Downgrading charges
Deciding to withdraw charges

Question 9

The Magistrate will sentence on the basis of what is read out- not what other matters are in possession of the prosecutor. True or false?

Answer 9

TRUE