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2 Found helpful • 124 Pages • Complete Study Notes • Year: Pre-2021
Barristers who appear in Court on behalf of DPP - statutory appointments made by the Attorney General pursuant to the The Crown Prosecutor’s Act 1986 - Most Crown Prosecutors appear in criminal jury trials in the District Court and Supreme Court. - appear on behalf of the Director on conviction and sentence appeals in the Court of Criminal Appeal and the High Court of Australia. - Crown Prosecutors are independent and perform a very specialised and demanding role; that is to assist the Court and the jury to arrive at the truth and to do justice between the community and the accused. They are required to lay before a jury all the credible evidence considered relevant to what is alleged to be a crime. Their role excludes any notion of winning or losing. - Crown Prosecutors are often appointed from the private bar, although quite a number have been previously employed as solicitors with the Office of the Director of Public Prosecutions (ODPP). - Crown Prosecutors also settle and determine the appropriate charges and provide legal advice to the Director on a wide range of issues, including the question of whether or not there is sufficient evidence to justify proceeding with a particular prosecution or whether the proceedings should be terminated. - Crown Prosecutors are often "instructed" at trial by solicitors from the ODPP - Solicitors are responsible for preparing the brief of evidence, liasing with the police and witnesses, organising conferences and any exhibits, as well as assisting the Crown Prosecutor at trial. - Overall the role of the prosecutor is to ensure justice is achieved e.g. Wood v r 2012 NSW CCA 29 the judges accused the prosecutor of failing his most basic obligations to put the case fairly to the jury. Instead, they said, Mr Tedeschi had tried to bolster the Crown case by resorting to fiction, impermissible reasoning and innuendo, including rumors Wood had been in a sexual relationship with Rivkin and a series of unsophisticated experiments which were used to convince the jury Caroline Byrne could not have committed suicide.
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