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Annex G (Page 4)
7 A witness-officer should be assigned from the
investigative team to protect witnesses and to
ensure their attendance in court.
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Administration's comments This is as proposed
in the discussion document.
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The Court of Appeal in England in R v Turner
(1975) 61 Cr. App. R. p. 67 cautioned against
relying too heavily on accomplice evidence and
against using the evidence of a major criminal to prosecute his minor accomplices. The purpose of accomplice evidence should be to secure the conviction of a chief protagonist rather than a large number of convictions against those of lesser criminality.
Administration's comments. Policy within the
Attorney General's Chambers is always to seek
prosecution of the chief protagonist. The courts
are well aware of the limitations of the
uncorroborated evidence of an accomplice.
In order to avoid fabrication and/or exaggeration of criminal culpability of others, the role of an accomplice as alleged by himself should be corroborated by further investigation and extensive enquiries before immunity is granted.
Administration's comments. The prosecutor must
satisfy himself with all the information to hand before immunity is granted. The Director of Public Prosecutions personally approves all grants of immunity.
No comments yet.
Private notes are available after approval.