The Role of the Crown Prosecutor

Question 1

How does the role of the Crown and the defense counsel differ?

Answer 1

The Crown decides whether to proceed with a charge and whether to drop it, whereas a defence lawyer responds to the charge.

Question 2

What is the role of the Crown?

Answer 2

To bring all legal proof of facts presented, give full disclosure, public duty, fairness to everyone, seek the truth.

Question 3

The Prosecution Standard - How does the Crown decide whether to proceed with a case?

Answer 3

1. Is there a reasonable likelihood of conviction? Must be yes.
2. Is there a public interest? Must be yes.

Question 4

Prosecutorial Discretion?

Answer 4

Whether to proceed with or end a prosecution, what sentence to put forward, whether to direct indict, etc.

Question 5

Proper considerations of prosecutorial discretion?

Answer 5

Prosecution standard, Alberta Justice guidelines.

Question 6

Improper considerations of prosecutorial discretion?

Answer 6

Why don’t we let the judge decide? I’m worried about political pressure! etc.