2007-01-09 21:05:20 · 3 answers · asked by Paula N 1 in Politics & Government ➔ Law & Ethics
A prosecuting solicitor has the task of presenting the case for the prosecution before a criminal court. He introduces the case before the bench and calls Prosecution witnesses in support of the case for the Crown, conducting the examination in chief and allowing the Defence to cross examine them. He has the right to ask any "follow up" questions arising from the cross examination. At the conclusion of the prosecution case, he sits down and allows the Defence to take over with the presentation of their case, cross examining the Defendant and any Defence witnesses called. His essential role is to convince the Bench beyond reasonable doubt of the culpability of the Defendant. However, there are certain circumstances (too complex to go into here) in which he will use his discretion to offer no evidence, in which case the Defendant will be acquitted.
2007-01-10 01:14:23 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
A prosecuting solicitor acts for the Crown and is trying to prove that the person who is accused has committed an offence and is guilty.
A defending solicitor acts for the the person who is accused of the crime and is trying to prove innocence.
2007-01-09 21:11:22 · answer #2 · answered by Guru Nana 2 · 0⤊ 0⤋
Guru Nana is correct, with one small correction. The defending solicitor does not have to prove innocence. Innocence is presumed until someone is PROVEN to be guilty. The defending solicitor's job is to force the Crown to prove guilt beyond a reasonable doubt.
2007-01-09 21:17:38 · answer #3 · answered by Vicki D 3 · 0⤊ 0⤋