Prosecutorial fairness and impartiality court
A prosecutor must present the case fairly and impartially to help the court reach the truth, not press for conviction beyond a firm presentation, and not inflame or bias the court against the accused.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rules 29.1; 29.2; 29.3 strong
29.1 A prosecutor must fairly assist the court to arrive at the truth, must seek impartially to have the whole of the relevant evidence placed intelligibly before the court... 29.2 A prosecutor must not press the prosecution's case for a conviction beyond a full and firm presentation of that case. 29.3 A prosecutor must not, by language or other conduct, seek to inflame or bias the court against the accused.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr82-85 strong
A prosecutor must fairly assist the court to arrive at the truth, must seek impartially to have the whole of the relevant evidence placed intelligibly before the court ... A prosecutor must not press the prosecution's case for a conviction beyond a full and firm presentation of that case. A prosecutor must not, by language or other conduct, seek to inflame or bias the court against the accused.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch5 — Criminal cases: The solicitor prosecutor strong
The advocate should not regard their task as one of winning the case. 2) The advocate must present the case against the accused relentlessly but with scrupulous fairness... 4) The prosecutor must state the relevant facts dispassionately.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 10.20 strong
It is not the duty of prosecuting Barristers to obtain a conviction by all means at their command but rather they shall lay before the jury fairly and impartially the whole of the facts which comprise the case for the prosecution and shall assist the Court with adequate submissions of law to enable the law to be properly applied to the facts.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon III(h) strong
An Attorney engaged in conducting the prosecution of an accused person has a primary duty to see that justice is done and he shall not withhold facts or secrete witnesses which tend to establish the guilt or innocence of the accused.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code no clear equivalent
ON Lawyers LSO Rules of Prof. Conduct r 5.1-3 commentary [1] strong
When engaged as a prosecutor, the lawyer's prime duty is not to seek to convict but to see that justice is done through a fair trial on the merits. The prosecutor exercises a public function involving much discretion and power and must act fairly and dispassionately.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 5.1-3, commentary [1] strong
When engaged as a prosecutor, the lawyer's primary duty is not to seek to convict but to see that justice is done through a fair trial on the merits. The prosecutor exercises a public function involving much discretion and power and must act fairly and dispassionately.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.12 strong
A prosecuting lawyer must act fairly and impartially at all times and in doing this must— ... (b) present the prosecution case fully and fairly and with professional detachment; and (c) avoid unduly emotive language and inflaming bias or prejudice against an accused person;
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 15 (Conducting the prosecution in criminal proceedings) partial
15 Conducting the prosecution in criminal proceedings
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 10.14 strong
Whilst a solicitor prosecuting a criminal case must ensure that every material point is made which supports the prosecution, in presenting the evidence he must do so dispassionately and with scrupulous fairness.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.66 strong
It is not the duty of Prosecuting Counsel to obtain a conviction by all means at his command but rather to lay before the Court or the jury fairly and impartially the whole of the facts which comprise the case for the prosecution and to assist the Court on or, to see that the jury are properly instructed in, all matters of law applicable to the case.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
2 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Janet Lefton
Criminal Convictions, Others
Strike off 1 PDF -
Peter Barnett
Others
Strike off 1 PDF
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.