What Does a Police Prosecutor Do in Court

(a) The severity of sentences imposed should not be used as a measure of the effectiveness of a prosecutor; You have the right to be kept informed during this process and can inquire about the status of the case by contacting the ODPP or the police prosecutor`s office, depending on who is handling your case. (a) The Public Prosecutor`s Office should develop and maintain training programmes for new or experienced prosecutors and staff. The Public Prosecutor`s Office, as well as the organized bar association or the courts, should require current and future prosecutors to attend an appropriate number of hours of education and training. (j) The prosecutor should ensure that victims and witnesses who need protection from intimidation or reprisals are informed and, where possible, protected. A police prosecutor is not necessarily a lawyer and does not need to have a law degree. This is different from DPP lawyers, who are licensed lawyers. (f) The prosecutor is not only a case manager, but also a problem solver responsible for examining the overall objectives of the criminal justice system. The prosecutor should endeavour to reform and improve the administration of criminal justice, and if he becomes aware of gaps or inequities in substantive or procedural law, he or she should encourage and support efforts to remedy the situation. The prosecutor should serve the community, including participation in the activities of the public service and bar associations, public education, community service activities, and leadership positions of the bar. The prosecutor`s office should support such activities, and the office`s budget should include funding and paid release time for these activities.

(b) A prosecutor should not propose or require, as a condition of an injunction agreement, a waiver of post-conviction claims for ineffective counsel, misconduct or destruction of evidence, unless such allegations are based on prior conduct as specified in the agreement or record of proceedings, that relates to the agreement. If a proposed injunction agreement contains such an ineffective waiver of legal assistance, the prosecutor must ensure that the accused has had an opportunity to consult with independent counsel about the waiver before accepting the injunction. (d) The remuneration and performance of prosecutors and their staff should be commensurate with the high level of work of the Office, sufficient to compete with the private sector and regularly adjusted to attract and retain qualified staff. The remuneration of prosecutors should be proportionate and comparable to that of a public defender before the judiciary. (a) In any challenge to the validity of defence counsel after conviction, the prosecutor should be aware of the potential solicitor-client privilege of the accused vis-à-vis the former defence counsel and of the other ethical or legal obligations of the former defence counsel, and should not seek to revoke such privileges or obligations without a clear legal basis or court order. (l) The prosecutor should adequately inform witnesses when their testimony is expected in a trial and should not require witnesses to attend hearings unless their testimony is reasonably expected at that time or their presence is required by law. If the presence of witnesses is required, the prosecutor should endeavour to minimize the waiting time for witnesses at trial. The prosecutor should ensure that witnesses are informed as soon as possible of any changes in dates that affect their need to attend hearings. (d) Federal, state and local prosecutors should develop practices and procedures that promote effective coordination with prosecutors within and outside jurisdictions. Prosecutors should strive to identify issues of potential conflict, coordinate in advance with other prosecutors, and resolve disputes between offices amicably and in the public interest. (b) The prosecutor should not represent an accused in criminal proceedings within his or her jurisdiction. (c) The prosecutor should cooperate with investigating authorities or other personnel who review or compile information to be provided to the court on decisions on provisional release.

(c) Prior to sentencing, the prosecutor should disclose to the defence any evidence or information that he or she provides to the court or investigator in court or the investigator in court in support of sentencing by documentary or oral means, unless he violates the law or regulations in the jurisdiction or a protection order has been sought. (h) The prosecutor must not allow his or her judgement to be influenced by personal interest in potential contacts or media attention. In order to avoid surprises in the trial and to determine which of the witnesses should be called to testify, the prosecutor speaks to each witness to find out what he can say during the trial. These conversations help the prosecutor decide who to call as a witness in court. (b) Public statements by the prosecutor about the judiciary, the jury, other lawyers or the criminal justice system must be respectful, even if they disagree. Police prosecutors also appear in « defence hearings, » where an accused pleads not guilty and the judge hears testimony before making a decision on guilt. (a) The prosecution should be aware of the legal standards applicable to jury selection and train prosecutors to comply with them. The prosecutor should prepare himself to effectively exercise the prosecutorial function in jury selection, including the exercise of just cause and compelling challenge.

The prosecution should also be informed of the selection and convening procedure for the jury panel and alert the court to legal loopholes. (a) In all contacts with judges, the prosecutor shall maintain professional and independent relations. A prosecutor should not engage in unauthorized ex parte interviews with a judge or present him with evidence relating to a particular case that is or is likely to be before the judge. For general issues requiring judicial debate (e.g., case management or administrative matters), the prosecutor should invite representative defence counsel to participate in the debate to the extent possible. (c) If, in the course of the proceedings, the Prosecutor finds that the prosecution has provided false evidence or witness statements, the Prosecutor should take appropriate corrective measures. If the witness is still on the witness stand, the prosecutor should try to correct the error by continuing the investigation. If the lie is not corrected or is discovered only when the witness is not on the witness stand, the prosecutor must inform the court and the opposing defense lawyer in order to find an appropriate remedy. Police officers can apply to be prosecutors after 3 years of general duties. In addition, law degree holders can expedite their admission through an accelerated program that requires them to work as police officers for only one year after completing the course requirements. (d) The prosecutor should not use means that have no essential purpose other than embarrassment, delay or burden, and should not use methods to obtain evidence that violates legal rights. The prosecutor and the prosecution must not misrepresent their status, identity or interests when communicating with a witness. (a) A prosecutor must be present at each first appearance of the accused before a bailiff and at each preliminary hearing.

(i) The prosecutor should not recommend the services of a particular lawyer to accused persons or witnesses in cases dealt with by the Public Prosecutor`s Office. If the prosecutor is invited to make such a recommendation, he or she should consider referring the person to the public defender or a group of available defence lawyers, such as a bar lawyer placement service, or to the court. In the rare cases where a specific recommendation is made by the prosecutor, the recommendation should be addressed to independent and competent counsel and the prosecutor should not make a referral that embodies, creates or is likely to cause a conflict of interest. A prosecutor should not make negative comments about the reputation or competence of a defence lawyer towards an accused or a witness seeking advice in a case dealt with by the prosecution. The prosecutor may be a police officer or a lawyer working for the Office of the Director of Public Prosections (ODPP).