L12 - Ethical and Professional Practice

Question 1

What are the duties of a prosecutor?

Answer 1

Duty to act fairly
Duty to disclose
Duty to call witnesses

Question 2

What were some key findings from AJ v the Queen [2011] VSCA 215 in relation to the Prosecutors obligaitons?

Answer 2

It is the personal responsibility of the prosecutor to ensure that the duty of disclosure has been discharged prior to the commencement of the trial and when any further occasion calling for its exercise arises. The obligation to disclose includes, an obligation to make enquiries.

Question 3

What was found in R v Apostipidies (1984) 154 CLE 563

Answer 3

1. Prosecutor ALONE bears the responsibility to call witnesses.
2. The judge may question the prosecutor as to why certain witnesses were not called but may not adjudicate on those reasons.
3. The judge can call a witness but should not do so unless there are exceptional circumstances.
4. A decision not to call a witness may give rise to a miscarriage of justice.

Question 4

Fill the blanks:
I uphold the right in my role within Victoria Polie by acting _________, with ________ and by providing _________ ______________ to everyone.

Answer 4

I uphold the right in my role within the Victoria Police by acting impartially, with integrity, and by providing service excellence to everyone.

Question 5

You are considering withdrawing charges, what guidelines/documents can assist you in making this decision?

Answer 5

The OPP guidelines are ALWAYS the starting point. The Prosecution Division SOPS regarding who can authorise the WD, when authority is needed and if and when a WD report is needed.