15. Conducting the prosecution in criminal proceedings

The following principles guide the interpretation of this rule.Principles(a)A legal practitioner who prosecutes an accused person in criminal proceedings is under a fundamental duty to assist in the administration of justice.

A legal practitioner who prosecutes an accused person must present the legal practitioner’s case and behave in a manner which is consistent with the aims of these Rules, and must comply with the constitutional, evidential and procedural rules which operate in a criminal trial.

A legal practitioner who represents the prosecution in any criminal proceedings must present the evidence against an accused person fairly and impartially, and without malice, fear or favour, in accordance with law.

A legal practitioner who represents the prosecution must, within a reasonable time before the close of the prosecution’s case, inform the accused person or the accused person’s legal practitioner of —

the identity, and the location (if known), of any person who may be able to give relevant evidence, but will not be called as a prosecution witness; and

any substantial conflict between the evidence given by a prosecution witness on a material issue and any prior statement provided by that prosecution witness.

A legal practitioner who represents the prosecution must, within a reasonable time after the conviction but before the sentencing of an accused person, inform the court of —

any previous conviction or antecedent of the accused person that the prosecution knows of;

any relevant factors, and any known precedents, relating to the sentence; and

if the accused person is unrepresented, any known mitigating circumstances.

A legal practitioner who represents the prosecution must not inform the court of any other or pending proceedings against the accused person, except —

in relation to an application for an adjournment, remand or bail;

in response to an assertion that there are no other or pending proceedings; or

where evidence of the other or pending proceedings would otherwise be admissible as a result of any law or rule.

A legal practitioner who represents the prosecution must assist the court at all times before the conclusion of a trial, including by drawing the court’s attention to any apparent error (whether of fact or of law), any apparent omission of fact, and any procedural irregularity, which in the opinion of the legal practitioner ought to be corrected.

The following principles guide the interpretation of this rule.Principles(a)A legal practitioner who prosecutes an accused person in criminal proceedings is under a fundamental duty to assist in the administration of justice.

A legal practitioner who prosecutes an accused person must present the legal practitioner’s case and behave in a manner which is consistent with the aims of these Rules, and must comply with the constitutional, evidential and procedural rules which operate in a criminal trial.

A legal practitioner who represents the prosecution in any criminal proceedings must present the evidence against an accused person fairly and impartially, and without malice, fear or favour, in accordance with law.

A legal practitioner who represents the prosecution must, within a reasonable time before the close of the prosecution’s case, inform the accused person or the accused person’s legal practitioner of —

the identity, and the location (if known), of any person who may be able to give relevant evidence, but will not be called as a prosecution witness; and

any substantial conflict between the evidence given by a prosecution witness on a material issue and any prior statement provided by that prosecution witness.

A legal practitioner who represents the prosecution must, within a reasonable time after the conviction but before the sentencing of an accused person, inform the court of —

any previous conviction or antecedent of the accused person that the prosecution knows of;

any relevant factors, and any known precedents, relating to the sentence; and

if the accused person is unrepresented, any known mitigating circumstances.

A legal practitioner who represents the prosecution must not inform the court of any other or pending proceedings against the accused person, except —

in relation to an application for an adjournment, remand or bail;

in response to an assertion that there are no other or pending proceedings; or

where evidence of the other or pending proceedings would otherwise be admissible as a result of any law or rule.

A legal practitioner who represents the prosecution must assist the court at all times before the conclusion of a trial, including by drawing the court’s attention to any apparent error (whether of fact or of law), any apparent omission of fact, and any procedural irregularity, which in the opinion of the legal practitioner ought to be corrected.