Special Duties in Criminal | Civil Context Duties of Prosecution Counsel Duties of prosecution counsel PCPR 20.1–20.4, 20.10 and 20.12, Vic Bar – PCPR 20.1; BR 134 are representing Duty of fairness and impartiality – –Prosecutors the State and must act with fairness and detachment / impartiality and with the objective of establishing the truth in accordance with the procedures and standards required by law. Particularly in sex offence cases where the jury may already be Sex Offences – prejudiced against the defendant. Prosecutors must Avoidance of Bias against the Accused BR18; PCPR 20.3 – – avoid giving their own reaction to the evidence led on behalf of the accused as these are irrelevant. Such as On personal opinions or convictions on issues of fact; On the credibility of witnesses and On the guilt and character of the accused The prosecutor must not Cannot press for a conviction PCPR 20.2; BR135 ‘hard’ – – press too hard for a conviction PCPR r 20.4; BR 137 The rules preclude Must believe on reasonable grounds – – prosecutors from arguing any proposition of fact or law that they do not believe on reasonable grounds is capable of contributing to a finding of guilt and of carrying weight Prosecutors must not Must not ignore credible evidence PCPR 20.1–20.7; BR141 – – ignore credible evidence which could be of importance to the case accused’s A prosecutor has sole Sole discretion to call prosecution witness PCPR 20.7 – – discretion about who to call as prosecution witnesses. Only in exceptional circumstances may a trial judge call a person to give evidence and a judge cannot direct the prosecutor to call a witness – R v Apostilides Bar Rule 139 Consistent with 7 above, Relevant Witness Testimony PCPR 20.7; – – requires a prosecutor to call all witnesses whose testimony is admissible and necessary for the presentation of the full picture Prosecutors must disclose any Duty of disclosure PCPR 20.5 & 20.6; BR 141 – – relevant and credible evidence that the jury could reasonably regard as credible and that could be of importance to the case, such that could constitute relevance accused’s to the guilt or innocence of the accused. if not disclose it can result in miscarriage of Miscarriage of Justice – justice
Special Duties in Criminal | Civil Context Duties of Prosecution Counsel Duties of prosecution counsel – PCPR 20.1–20.4, 20.10 and 20.12, Vic Bar Duty of fairness and impartiality – PCPR 20.1; BR 134 –Prosecutors are representing the State and must act with fairness and detachment / impartiality and with the objective of establishing the truth in accordance with the procedures and standards required by law. Sex Offences – Particularly in sex offence cases where the jury may already be prejudiced against the defendant. Avoidance of Bias against the Accused – BR18; PCPR 20.3 – Prosecutors must avoid giving their own reaction to the evidence led on behalf of the accused as these are irrelevant. Such as On personal opinions or convictions on issues of fact; On the credibility of witnesses and On the guilt and character of the accused Cannot press ‘hard’ for a conviction – PCPR 20.2; BR135 – The prosecutor must not press too hard for a conviction Must believe on reasonable grounds – PCPR r 20.4; BR 137 – The rules preclude prosecutors from arguing any proposition of fact or law that they do not believe on reasonable grounds is capable of contributing to a finding of guilt and of carrying weight Must not ignore credible evidence – PCPR 20.1–20.7; BR141 – Prosecutors must not ignore credible evidence which could be of importance to the accused’s case Sole discretion to call prosecution witness – PCPR 20.7 – A prosecutor has sole discretion about who to call as prosecution witnesses. Only in exceptional circumstances may a trial judge call a person to give evidence and a judge cannot direct the prosecutor to call a witness – R v Apostilides Relevant Witness Testimony – PCPR 20.7; Bar Rule 139 – Consistent with 7 above, requires a prosecutor to call all witnesses whose testimony is admissible and necessary for the presentation of the full picture Duty of disclosure – PCPR 20.5 & 20.6; BR 141 – Prosecutors must disclose any relevant and credible evidence that the jury could reasonably regard as credible and that could be of importance to the accused’s case, such that could constitute relevance to the guilt or innocence of the accused. Miscarriage of Justice – if not disclose it can result in miscarriage of justice
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