Prosecutor's Duties Flashcards
Rule 83 - Overview (truth; whole; submissions)
Must fairly assist the court to arrive at the truth, must seek impartially to have the whole of the relevant evidence placed intelligibly before the court, and must seek to assist the court with adequate submissions of law to enable the law properly to be applied to facts
Rule 84 - Case for Conviction
Must not press case for conviction beyond a full/fair presentation of facts
Rule 85 - Bias
Must not by language or otherwise seek to infame or bias the court against the accused.
Rule 86 - Propositions
Must not argue a proposition of fact or law which the prosecutor does not believe on reasonable grounds to be capable of contributing to a finding of guilt and also to carry weight.
Rule 87 - Disclosure (two exceptions - integrity; safety)
Disclose ASAP all materials (including the names of and means of finding prospective witnesses in connection with such material) available to the prosecutor or of which the prosecutor becomes aware which COULD CONSTITUTE EVIDENCE RELEVANT TO THE GUILT OR INNOCENCE OF THE ACCUSED other than material subject to statutory immunity, unless the prosecutor believes on reasonable grounds that such disclosure, or full disclosure, would seriously threaten the integrity of the administration of justice in those proceedings or the safety of any person.
Rule 88 - Non-Disclosure Consequences
prosecutor deciding not to disclose material under r87 must consider whether:
○ (a) Charge against A to which material relevant should be withdrawn; and
○ (b) A should be faced with lesser change (if availability of material is relevant in that way)
Rule 89 - Calling of witnesses
five exceptions - consent; admission; other witnesses; ORG; IOJ harmed
Must call all witnesses:
○ (a) Whose testimony is admissible and necessary for the presentation of all the relevant circumstances; or
○ (b) whose testimony provides reasonable grounds for prosecutor to believe that it could provide admissible evidence relevant to any matter in issue,
○ UNLESS:
○ (i) Opponent consents to P not calling the witness
○ (ii) Only matter which W can give evidence in relation to has been dealt with by an admission of the accused
○ (iii) The only point W can give evidence in relation to has been adequately established by other witnesses
○ (iv) P believes ORG the evidence is plainly untruthful or unreliable
○ (v) P, taking into account their role and ethical duties, believes ORG that the interests of justice would be harmed if the W was called as part of the prosecution case
Rule 90 - Not calling witnesses
Must tell opponent asap about the identity of any witness they propose not to call, and the reasons they propose not to call them unless they believe ORG interests of justice would be harmed if those reasons were revealed to the opponent
Rule 91 - Illegally obtained evidence
A P who has reasonable grounds to believe that certain material available to the P may have been illegally obtained must promptly:
○ (a) Inform the opponent if they intend to use that material; and
○ (b) Make available to the opponent a copy of the material if it is in documentary form
Rule 92 - Conferring with accused
Must not interview or confer with A except in presence of A’s LP
Rule 93 - Supporting evidence;
Rule 94 - If not available
93: Must not inform court or opponent it has evidence supporting an aspect of its case unless P believes ORG that the evidence will be available from material already available to the P
94: If learn not available, inform court and opponent asap
Rule 95 - Assistance in sentencing (correct; inform; assist; submit)
Must:
○ (a): Correct any error made by the opponent in address on sentence
○ (b) Must inform the court of any relevant authority or legislation bearing on the appropriate sentence
○ (c) Must assist the court to avoid appealable error on the issue of sentence
○ (d) May submit that a custodial or non-custodial sentence is appropriate
