A Handbook for Public Prosecutors

Introduction

Introduction A public prosecutor is an integral part of the machinery for the administration of criminal justice. No legal system that uses public prosecutors in the dispensation of criminal justice, therefore, can afford inexcusable weaknesses on the part of its public prosecutors. Like many occupations, the job of a public prosecutor demands intelligence , training, courage, common sense, tact, patience, capacity for hard work, and an interest in the job. A public prosecutor with these qualities is certain to derive pleasure and satisfaction from the work, and is an asset to the administration of criminal justice. For those with requisite qualities, the job of a public prosecutor is a most fascinating one. It is never dull, for no two cases are the same; and each case has its own “dramatis personae”. The scenes keep on changing, the characters come and go, the climax is breath-taking, and the end of one case is but the end of a scene or an act in an endless drama. It involves endless battles of wits. Each day that passes enriches your experience, and as years go you can draw on that experience. For the man with the requisite qualities of a public prosecutor, therefore, there will be sympathy and encouragement from the magistrates, applause from the watchful public, and adequate remuneration for his labours from his superiors. But a public prosecutor who lacks even a modest amount of these qualities or any of them is a menace to the administration of justice. The sooner he quits for desk work or some other prosaic assignments the better for him and justice. A public prosecutor, as an officer of the court, is charged with the very important duty of assisting the court in discovering the truth or otherwise of allegations against accused persons. The duty of a public prosecutor is to present the case against an accused person by bringing all the evidence that is necessary and available, and presenting it in the best possible manner, in order to enable the court to reach a just decision. It is therefore incumbent upon the public prosecutor to ensure that the evidence presented explains all the questions in issue in the case he is prosecuting . Although he should not be unduly anxious to secure a conviction, it is certainly his duty to see that as far as possible all the evidence necessary and available to prove the charge(s) is brought out so as to leave little room for ambiguity and so that it should never be said that an acquittal was owing to failure on his part to discharge his duties properly. Quite a number of unjust acquittals have resulted from bad presentation of the cases by public prosecutors. It is all too easy for a public prosecutor The Public Prosecutor and the Law 3 to confuse an otherwise clear case. He can, through genuine ignorance, lack of zeal or preparation, or other less excusable reasons, confuse himself, his witnesses and the court. Now, in a majority of cases, prosecution is conducted by police officers. By the nature of their training and experience, not all of them are versed in this important and delicate task. In addition to logic, common sense and preparation, the job of conducting prosecutions requires a sound knowledge of the basic principles of criminal law, criminal procedure, the law of evidence and the principles of practice which are used and applied in courts. An exhaustive knowledge of the Law is, of course, impossible for a police officer unless he possesses a law degree; but he should certainly be conversant with the basic principles of substantive and procedural law and practice , as well as the basic principles of the art of prosecuting cases. These are as much his essential tools as are his case files and exhibits. A public prosecutor who goes to court with no idea of the elements of the offence he is going to deal with, the possible defences available to the accused, and how to deal with his boisterous, revengeful, hostile, timid, or stupid witnesses is sure to land in trouble. He is certain to confuse his witnesses, himself and the court. The consequences of such confusion are likely to be an unjust decision . No judicial system worth its name can afford that. Many public prosecutors find solace in the hope that magistrates will help them out should they run into trouble – after all, a magistrate is supposed to know the law. That is generally true. Magistrates do often come...