Role of the Players Flashcards
(42 cards)
What policy guides the Crown?
Crown Prosecution Manual
What does the Crown Prosecution Manual do?
Guides use of prosecutorial discretion.
When is a charge able to proceed?
When there is reasonable prospect of conviction and public interests
What competing interests must the Crown balance?
Public, accused, victim
What must happen if the prosecution determines there is no RPC?
Discontinue the prosecution
Is the prospect of conviction standard higher or lower than a prima facie case?
Higher
Does RPC require a probability statement?
No.
What does the application of the RPC standard require?
1, Limited assessment of credibility based on objective factors
2. Assessment of the admissibility of evidence
3. Consideration of likely defences
What factors should prosecutors consider when applying the RPC standard?
the availability of evidence
- the admissibility of evidence implicating the accused
an assessment of the credibility and competence of witnesses, without taking on the role of the trier of fact
the availability of any evidence supporting any defences that should be known or that have come to the attention of the Prosecutor.
If there is public interest but no RPC is prosecution warranted?
No
What type of cases are of high public interest by policy?
Intimate partner violence
Sexual offences
Impaired driving
Give some examples of public interest factors that should be considered when deciding to prosecute a case.
- the gravity or relative seriousness of the incident
- circumstances and views of the victim including any safety concerns
- the age, physical health, mental health or special vulnerability of an accused, victim or witness
- the prevalence of the type of offence and the actual or potential impact of the offence on the community and/or victim
- the criminal history of the accused
- whether the consequences of any resulting conviction would be unduly harsh or oppressive to the accused
- whether the accused is willing to co-operate or has already co-operated in the investigation or prosecution of others
- the degree of culpability of the accused, particularly in relation to other alleged parties to the offence
- the likely outcome in the event of a finding of guilt, having regard to the sentencing options
- the length and expense of a trial when considered in relation to the seriousness of the offence
the availability of any alternatives to prosecution such as diversion and civil remedies.
What must be rejected when determining public interest?
Prejudice
What must the prosecutor do before discontinuing the prosecution?
Ensure reasonable steps are taken to inform the victim and the investigating officer that the charges will be withdrawn.
How does DNA relate to primary offences?
Court must make order, upon application of prosecutorH
How does DNA relate to secondary designated offences?
Court may make order, upon application of prosecutor.
What are purposes of the collection and storage of DNA from convicted offenders?
- To deter potential repeat offenders
- promote the safety of the community
- detect the presence of a serial offender
- assist in solving old cases
- Streamline investigations
- exclude innocent suspects
- exonerate those wrongfully convicted
What does the Crown prosecution manual require the Crown to disclose when using an expert witness?
all expert reports, summaries of expert opinions and, if requested, any underlying material relied upon by the expert where it is practicable to do so.
What is required by the Crown manual for the Crown to do when presenting expert evidence?
Ascertain the limitations of the evidence
What should the prosecutor do when an expert expresses concern that their evidence has left a misleading or innaccurate impression with the court?
Disclose it to the defence, and if justified, convey to the court.
What was the issue in Boucher v. The Queen?
Was the appellant depreived of a trial according to law by reason of the fact that the Crown counsel used inflammatory language in his address to the jury?
What was held in Boucher?
Appeal should be allowed, conviction quashed and new trial ordered.
Describe, in a nutshell, the famous quote from the Boucher trial.
Purpose of a criminal prosecution is not to obtain a conviction, but to present credible evidence relevant to the crime.
Role of prosecutor excludes any notion of winning or losing.
Who is the prosecutor’s client?
Prosecutor does not have a client.
