34Prosecutor’s duties (ASCR 29)

34 Prosecutor’s duties (ASCR 29)

(1)  A prosecutor 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 the facts.

(2)  A prosecutor must not press the prosecution’s case for a conviction beyond a full and firm presentation of that case.

(3)  A prosecutor must not, by language or other conduct, seek to inflame or bias the court against the accused.

(4)  A prosecutor must not argue any 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.

(5)  A prosecutor must disclose to the opponent as soon as practicable all material (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.

(6)  A prosecutor who has decided not to disclose material to the opponent under subrule (5) must consider whether –

(a) the charge against the accused to which such material is relevant should be withdrawn; or

(b) the accused should be faced only with a lesser charge to which such material would not be so relevant.

(7)  A prosecutor must call as part of the prosecution’s case all witnesses –

(a) whose testimony is admissible and necessary for the presentation of all of the relevant circumstances; and

(b) whose testimony provides reasonable grounds for the prosecutor to believe that it could provide admissible evidence relevant to any matter in issue –

unless –

(c) the opponent consents to the prosecutor not calling a particular witness; or