P R E S E N T E D B Y M I C H A E L W A M A S E B U A D V O C A T E A N D F O R M E R P R I N C I P A L A / D P P PROSECUTORIAL ETHICS AND INTEGRITY 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 1 HIGH STAKES INVOLVED IN CRIMINAL PROSECUTION 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 2 The prosecution of any person or entity is a high stake undertaking because it may negatively affect Freedom Reputation Financial resources Time Social Economic standing etc Of that person or entity WHAT IS PROSECUTORIAL ETHICS Because of the serious repercussions likely to arise from prosecution of an individual or an entity, law and practice require that the prosecutor be a person whose ethical standing is above reproach and he or she can be relied upon to carry the important prosecuting authority on behalf of the public – without fear or favour and in accordance with the law and high ethical standards. 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 3 ATTRIBUTES OF PROSECUTORIAL ETHICS High moral standing Impeccable personal credentials of Honesty Honour Principle Honor probity 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 4 SOME ATTRIBUTES OF ETHICAL PROSECUTION 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 5 An ethical prosecution entails; Evidence based charges (evidence beyond reasonable doubt). Consistent application of the law in all similar situations to avoid accusation of selective prosecution. Avoidance of prosecutions that do not serve the public interest. Ensuring that the prosecution and the manner in which it is conducted does not compromise due process (ABUSE) or negatively affect public confidence in the due process of law. Respect for the constitutional rights of suspects and the principle of equality before the law. WHAT IS EXPECTED OF PROSECUTORS Exercise highest standards of integrity and care. Not engage in the conduct of case which is beyond their competence, knowledge or experience. Take reasonable steps to maintain and enhance their professional knowledge and skills and keep themselves well informed and aware of relevant legal developments. Strive to be, and to be seen to be consistent, independent, fair and impartial 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 6 EXPECTATIONS OF A PROSECUTOR (ctd) Preserve professional confidentiality at all times, subject to the requirements of the law. Serve and protect the public interest. Respect the right of all people to be held equal before the law- prosecutors must never act in a away that unjustifiably favours or discriminates against particular individuals or interests. 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 7 AVOIDANCE OF FEAR, FAVOUR, OR PREJUDICE Prosecutors must avoid the above vices by : Taking decisions based upon impartial and professional assessment of the available evidence, independently and with objectivity with within the frame work of departmental guide lines (if any) and Guidelines issued by the O/DPP from time to time. Take into account all relevant circumstances, irrespective of whether they are to the advantage of the suspect or accused person. Avoiding conflict of interest situations 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 8 THE END 7/30/2022 TRAINING FOR UCC LAW ENFORCEMENT STAFF 9 Thank you for listening