Farquharson Guidelines Notes

The Farquharson Guidelines

The Role and Responsibilities of the Prosecution Advocate

On receipt of instructions the prosecution advocate will consider the papers and advise The CPS, ordinarily in writing, or orally in cases of urgency where:

i. the prosecution advocate forms a different view to that expressed by The CPS on acceptability of plea;

ii. the indictment as preferred requires amendment;

iii. additional evidence is required;

iv. there is an evidential deficiency (which cannot be addressed by the obtaining of further evidence) and, applying the Code for Crown Prosecutors, there is no longer a realistic prospect of conviction; or the prosecution advocate believes that it is not in the public interest to continue the prosecution;

v. in order to expedite and simplify proceedings certain formal admissions should be made;

vi. the prosecution advocate, having reviewed previous disclosure decisions, disagrees with a decision that has been made; or is not satisfied that he or she is in possession of all relevant documentation; or considers that he or she has not been fully instructed regarding disclosure matters;

Victims and witnesses

When a decision whether or not to prosecute is based on the public interest, The CPS will always consider the consequences of that decision for the victim and will take into account any views expressed by the victim or the victim's family.

WITHDRAWAL OF INSTRUCTIONS

A solicitor who has briefed Counsel to prosecute may withdraw his instructions before the commencement of the trial up to the point when it becomes impracticable to do so, if he disagrees with the advice given by Counsel or for any other proper professional reason.

The CPS will consult and take all reasonable steps to resolve any issue or disagreement and will only consider withdrawing instructions from a prosecution advocate as a last resort.

If the prosecution advocate disagrees with any part of his or her instructions, the advocate should contact the responsible Crown Prosecutor to discuss the matter. Until the disagreement has been resolved the matter will remain confidential and must not be discussed by the prosecution advocate with any other party to the proceedings.

"Proper Professional Reason"

The prosecution advocate will keep The CPS informed of any personal concerns, reservations or ethical issues that the advocate considers have the potential to lead to possible conflict with his or her instructions.

Where The CPS identifies the potential for professional embarrassment or has concerns about the prosecution advocate's ability or experience to present the case effectively to the court, The CPS reserves the right to withdraw instructions.

Timing

Instructions may only be withdrawn by or with the consent of the Chief Crown Prosecutor, Assistant Chief Crown Prosecutor, Head of a CPS Trials Unit or, in appropriate cases, Head of a CPS Criminal Justice Unit.

PRESENTATION AND CONDUCT

While he remains instructed it is for Counsel to take all necessary decisions in the presentation and general conduct of the prosecution.

Disclosure of material

Until the conclusion of the trial the prosecution advocate and CPS have a continuing duty to keep under review decisions regarding disclosure.

POLICY DECISIONS

Where matters of policy fall to be decided (including offering no evidence on the indictment or on a particular count,...

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