Prosecuting Solicitor: Duty and Ethic
| DOI | 10.1177/002201837604000308 |
| Published date | 01 July 1976 |
| Date | 01 July 1976 |
| Subject Matter | Article |
Prosecuting Solicitor:
Duty
and Ethic
(Continued)
Authorities
If
any
question
of
law is or
might
be involved the
prosecuting
solicitor
must
prepare
carefully
and
thoughtfully.
The
clerk
of
the
court
and
the
defence should be alerted.
If
the
necessary books
are
or
rriight
not be available
then
application
should
be
made
for
an
adjournment
or even a
change
of
venue
in
order
that
the necessary books
may
be
made
available.l"
It is the
duty
of
the
prosecuting
advocate to
produce
the
text
of
any
statute
or regulations relied
upon
by the prosecution as
creating
the
offence charged.
In
every case, except
perhaps
the
really trivial
and
mundane,
the
prosecution advocate
should
check on the
law
and
practice in
Stone
and
Harris
and
Smith
and
Hogan
and
similar
works
of
standing.
Too
many
cases
have
gone to
the
Divisional
Court
because
the
prosecution
advocate was
ill
prepared
and
taken by surprise, e.g.
drunken
driving,
handling. Bail principles should be thoroughly
understood.
Is
there
going to be
any
question
oflaw
involved?
Any
question
of
admissibility
of
evidence?
What
has
to be proved? Is
there
any
question
offorensic evidence, e.g. alcohol, drugs, blood, engines, tyres?
What
is
the
defence likely to be?
In
particular,
is
any
legal or technical
point
likely to be taken by the defence?
Calling
witnesses
Aconsequence
of
the
adversary
systemis
that
the prosecution
may
call or not call
whatever
witness they wish.
This
raises very
fundamen-
tal issues.
But
in this context it is
submitted
that
the
cause
of
justice
is
bestserved
if
the prosecution
advocate
calls everywitness who
appears
to
have
some relevant
and
material
evidence to give,
whether
favoura-
ble or unfavourable to
the
prosecutioncase,
and
every witness asked for
by the defence,
15
or
at
the very least makes the witness available to the
defence.
In
the
matter
of
George
Henry
Ince,
acquitted
of
the
Barn
murder,
Mr.
Mikardo
MP
said
in
the
House
of
Commons.P
'Anthony
William Evans was the
man
driving
the
van. He"was
therefore in the best possible position,
much
better
than
anyone
else, to
identify those who
attacked
it.
He
was interviewed by the police,
shown
photographs,
and
taken on two identification
parades.
At the
end
of
that
process he was positive
that
the accused
men
were
not
those
whom
he
had
seen
attacking
the
van.
It
was, so to speak, apositive negative
identification.
He
said positively:
'These
are
not
the
chaps'.
Why
was
180
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