The Farquharson Guidelines - The Role and Responsibilities of the Prosecution Advocate Flashcards
What are your duties upon being instructed by the CPS?
(a) Prosecuting counsel must read instructions expeditiously and advise or confer with those instructing him on all aspects of the case well before the start of the trial.
(b) Upon receipt of instructions the prosecution advocate will advise in writing (unless the advice is urgent) where:
(i) The advocate forms a different view form the CPS about the acceptability of pleas;
(ii) The indictment requires amendment;
(iii) Additional evidence is required;
(iv) The case no longer meets the evidential test or the public interest test;
(v) Formal admissions should be made;
(vi) An issue of disclosure arises;
(vii) A conference is required;
(viii) The case requires evidence to be prepared or presented to the jury in some special way.
Can the CPS withdraw instructions from counsel?
The CPS may withdraw instructions from counsel before the commencement of the trial up to the point where it becomes impracticable to do so, if it disagrees with the advice given by counsel or for any other proper professional reason.
Who makes the decisions - Counsel or CPS?
Decision Making
(a) It is for prosecuting counsel to take all necessary decisions in the presentation and general conduct of the prosecution.
(b) When considering offering no evidence or the acceptability of pleas it is the duty of counsel to CONSULT the CPS, whose views at this stage are of crucial importance.
(c) If such an issue arises whilst counsel is at court and it is NOT possible for counsel to consult with the relevant Crown Prosecutor, then counsel should apply for an adjournment of the case.
(d) Where such an application is refused counsel may make the decision but must record their reasons in writing.
(e) In the rare cases where counsel and the CPS are unable to agree on such a matter it is, subject to the next paragraph, for counsel to make the necessary decisions.
What happens if there is a last minute change in advice?
Where, at the last minute before a trial counsel unexpectedly advises that the case should not proceed or that pleas to lesser offences should be accepted and the CPS do not accept such advice, counsel should apply for an adjournment (if so instructed), to allow new counsel to be instructed.
What of Judicial approval?
(a) If prosecution counsel, having decided on a particular course of action, invites the judge to approve the course proposed, then he MUST abide by the judge’s decision.
(b) If prosecution counsel does NOT seek the Judge’s approval, it is open to the judge to express dissent and to invite counsel to reconsider the matter with the CPS, but having done so, the final decision remains with counsel.
Why does the zealots prosecutor not consult the judge?
If prosecution counsel does NOT seek the Judge’s approval, it is open to the judge to express dissent and to invite counsel to reconsider the matter with the CPS, but having done so, the final decision remains with counsel.
