Standard 6: Case presentation

6.1   Before the hearing, the advocate:

a)  considers the full history of the case, including the trial review note, to ensure that everything has been prepared correctly;

b)  discusses, where possible, the case with the investigating officer to make sure that he or she is aware of the full background to the case;

c)  prepares, in all but the most simple cases, a brief opening speech or outline of the evidence to help the magistrates or jury understand what the case is about or, if the defendant pleads guilty, to assist the magistrates or judge in sentencing the offender;

d)  prepares a provisional plan of cross-examination of the defendant and any known defence witnesses;

e)  prepares a written outline of any legal argument to be presented to the magistrates or the judge; and

f)  decides the order in which prosecution witnesses will give their evidence in Crown Court cases and magistrates' court cases that are likely to last more than one day, so that they do not have to attend court for longer than necessary.

6.2   The advocate arrives at court in time to meet witnesses and:

a)  introduce himself or herself to them;

b)  show them, or arrange for a representative of the Witness Service [Note: The Witness Service is part of a national charity that provides support to witnesses before and during a criminal trial.] to show them, their witness statements (or their video-recorded interview if this has not already been done) so that they can refresh their memories before giving evidence;

c)  explain what will happen during the day, including the effect of any special measures that have been agreed by the court to assist them to give their evidence; and

d)  answer any questions they may have so far as the law allows.

6.3   By the rules of their profession, however, advocates cannot discuss a witness's evidence with them, or tell them what evidence other witnesses may give.

6.4   During the court day, the advocate:

a)  presents the prosecution case openly, honestly and with integrity, acting in the interests of justice and not with the sole aim of obtaining a conviction;

b)  keeps prosecution witnesses informed - either directly, or if he or she cannot leave the courtroom, via an assistant or a court official - of the reasons for any delays;

c)  treats witnesses and defendants in court respectfully and asks the court to intervene to stop inappropriate questioning of prosecution witnesses; and

d)  asks the court for permission for prosecution witnesses to leave the court as soon as they have given their evidence, if they wish to do so, unless there is a compelling reason why they should stay.

6.5   The advocate also personally or through an assistant:

a)  arranges for the production of exhibits at the relevant time;

b)  liaises with prosecution witnesses so that they are available to give evidence at the right time and keeps them informed about any delays; and

c)  carries out any last minute editing of documents required as a result of the court's decisions on legal arguments.

6.6   If the defendant is convicted, prosecuting advocates assist magistrates or the judge with the sentencing process and, where sentence is to be adjourned, with decisions about whether to keep the offender in custody pending sentence. We say more about the prosecutor's role in sentencing in standard 9.

Dealing with offers of guilty pleas

[Note: The Attorney General's Guidelines on The Acceptance of Pleas and the Prosecutor's Role in the Sentencing Process provides detailed guidance to courts, prosecutors, defence lawyers and the public on this matter. It is available at www.attorneygeneral.gov.uk or on request.]

6.7   Many defendants offer to plead guilty to some of a number of offences, a different offence, or on the basis of a particular version of events. This often occurs at the last moment, frequently just before the trial is due to start. Whenever this occurs, we:

a)  take into account any views expressed by the victim or their family when deciding whether it is in the public interest to accept the offer;

b)  ensure that the court can pass a sentence that matches the seriousness of the offending, taking into account the implications of the proposed pleas for the availability of appropriate ancillary orders. We make sure that the proposed basis of plea is not based on a misleading or untrue set of facts and is not detrimental to the victim's interests. If agreement cannot be reached on a basis of plea, the advocate may ask the court to hear evidence so that it can decide the basis on which to sentence the offender; and

c)  make sure that any agreed basis of plea is written down and signed by the defence advocate and prosecuting advocate.