18 |
Unrepresented Offender |
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| 18.1 |
A prosecutor must take particular care when dealing with an unrepresented offender. The basic requirement, while complying in all other respects with these Guidelines, is to ensure that the offender is properly informed of the prosecution case so as to be equipped to respond to it. However, the prosecutor must maintain an appropriate level of detachment from the offender’s interests. |
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| 18.2 |
Any face to face contact with the offender by a prosecutor should occur in the company of another member of staff. Prosecutors should, where possible, communicate with an unrepresented offender through the court. |
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| 18.3 |
Full notes should be promptly made in respect of: |
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(1) |
oral communication; |
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(2) |
all information and materials provided to an offender; and |
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(3) |
any information or material provided by the offender. |
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| 18.4 |
Any admissions made to ODPP staff or any communication of concern should be recorded and mentioned in open court as soon as possible. |
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| 18.5 |
The prosecutor should not advise the offender about legal issues, evidence or the conduct of the defence. However, he or she should be alert to the magistrate’s or judge’s duty to do what is necessary to ensure that the unrepresented offender has a fair trial. This will include advising the offender of his or her right to a voir dire to challenge the admissibility of a confession – McPherson v R (1981) 147 CLR 512. |
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| 18.6 |
In relation to child and adult complainants of sexual assault and indecent assaults, regard must be had to section 5 Sexual Offences (Evidence & Procedure) Act. |
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| 18.7 |
Where a convicted offender is unrepresented, the prosecutor should, as far as practicable, assist the court by putting all known relevant matters before the court, including such matters as may amount to mitigation. |
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| 18.8 |
Where the offender is unrepresented (regardless of whether or not he or she adduces evidence) the prosecutor goes first in the final address – section 363 and Schedule 4 Criminal Code. The prosecutor should consider whether it is appropriate in the circumstances of the case to address at all. |
