What role does the prosecuting counsel play in the administration of criminal justice?
Alberta, Canada
The following excerpt is from R. v. Forrester, 1976 CanLII 271 (AB QB):
It has always been a supposition in the administration of criminal justice that as a general rule “the prosecuting counsel is in a kind of judicial position”. The idea of a contest between party and party should not be allowed to creep in where the prosecutor in a criminal case is concerned because he might then “forget that he himself was a kind of minister of justice” (Regina v. Berens (1865), 4 F. & F. 842, 176 E.R. 815).
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