The duty in context
Prosecutorial duty of disclosure court
A prosecutor must disclose to the defence, as soon as practicable, all material relevant to the accused's guilt or innocence and call or notify the relevant witnesses, subject only to limited integrity or safety exceptions.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook gC5 strong 13 cases
gC5 You must ensure compliance with any disclosure requirements in proceedings before the court. In relation to the disclosure regime contained in the Criminal Procedure and Investigation Act 1996 Code of Practice Order 2020, you should have regard to the Attorney General's Guidelines on Disclosure. When acting as a prosecutor, your duties in relation to disclosure continue to apply after the conclusion of the proceedings, should material come to light which might reasonably be considered capable of casting doubt upon the safety of the conviction.
BSB Handbook Part 2: Code of Conduct · 5.0 · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rules 29.5; 29.7 strong 3 cases
29.5 A prosecutor must disclose to the opponent as soon as practicable all material... which could constitute evidence relevant to the guilt or innocence of the accused other than material subject to statutory immunity, unless the prosecutor believes on reasonable grounds that such disclosure... would seriously threaten the integrity of the administration of justice... or the safety of any person. 29.7 A prosecutor must call as part of the prosecution's case all witnesses...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr86,88 strong 4 cases
A prosecutor must disclose to the opponent as soon as practicable all material ... which could constitute evidence relevant to the guilt or innocence of the accused other than material subject to statutory immunity ... A prosecutor must call as part of the prosecution's case all witnesses: (a) whose testimony is admissible and necessary for the presentation of all of the relevant circumstances.
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 1 case
The names of all witnesses and all material facts must be disclosed to the court, irrespective of whether the witnesses and facts are detrimental to the prosecution case... where a prosecutor obtains evidence that may assist the defence, or learns of witnesses who may do so, the prosecutor must supply the defence with the particulars of the evidence and the names of the witnesses.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 10.23 strong 1 case
A prosecuting Barrister must use his best endeavours, and if necessary seek appropriate court rulings, to ensure that all potentially relevant material in the possession of the prosecution is disclosed to the defence.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon III(h) strong 1 case
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
The prosecutor ... should make timely disclosure to defence counsel or directly to an unrepresented accused of all relevant and known facts and witnesses, whether tending to show guilt or innocence.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 2.1-1(b) strong 1 case
When engaged as a Crown prosecutor, a lawyer's primary duty is not to seek a conviction but to see that justice is done; to that end the lawyer should make timely disclosure to the defence of all facts and known witnesses whether tending to show guilt or innocence, or that would affect the punishment of the accused.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.12(a) strong
A prosecuting lawyer must act fairly and impartially at all times and in doing this must— (a) comply with all obligations concerning disclosure to the defence of evidence material to the prosecution and the defence;
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 Commentary 2 strong
if he knows of a credible witness who can speak to material facts which tend to cast doubt on the prosecution's evidence or to show the accused to be innocent, he must either call that witness himself or make his statement available to the defence ... A prosecutor must reveal to the defence factual evidence of which he has knowledge and which is inconsistent with that which he ... has presented.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.68 strong
Prosecuting Counsel should use his best endeavours to see to the proper disclosure of material by the prosecution pursuant to the duties imposed upon it by the law and as supplemented to by the prevailing prosecutorial policy from time to time promulgated by the Department of Justice.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
36 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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Raja Shazad Khan; Ishtiaq Ahmed
Breaches, Code of Conduct for Firms 2019, Dishonesty, Lack of Integrity, Solicitors Accounts Rules 2019, SRA Principles 2019
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Sophia Andrea Thomas
Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 29, 2022 | Suspended | Disciplinary Committee decision delivered September 30, 2022. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF …
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McCrudden, Rory Devlin Stepinac Michael
Ground 1: Payment of $94,200 to the barrister without being provided with a costs agreement, invoices or receipts Ground 2: Preparation of the complainant’s criminal defence for trial, specifically: (i) selection of the…
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
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Stephen James Keliher
Guilty of professional misconduct
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DAVID CHARLES MIZEN
Professional Misconduct. Referral to Supreme Court (full bench) recommending name be removed from the roll of practitioners
Professional Misconduct. Referral to Supreme Court (full bench) recommending name be removed from the roll of practitioners 1 PDF View decision -
Thorpe, Terrance William
Ground 1: Breached Rule 62 of the Bar Rules when he failed to inform the defence representatives, or the Court: (a) of the fact that a key prosecution witness said at a witness conference, attended by the Respondent on …
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David Allen Kidd
Rule 4-29 Admission of Misconduct and Undertaking to Discipline Committee | Summary
Rule 4-29 Admission of Misconduct and Undertaking to Discipline Committee | Summary 1 PDF View decision -
Alberto Khadra-Pozo
Breaches, Failures
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Richard Mallett & Sharon Mallett
Breaches, Failures, Solicitors' Accounts Rules
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Keith John O'Neill
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Katherine Juliet Gadsby
Criminal Convictions
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Gail Evans
Criminal Convictions
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Pamela Wall
In the matter of Pamela Wall, solicitor, formerly of 8 Carmody Street, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2008 [6728/DT88/11 and 2012 no 75 SA] Law Society of Ireland (applicant) Pamela Wall …
suspension View decision -
KENNETH PAUL BATES
Unsatisfactory Professional Conduct
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Jacquelina Olivia Johns (nee Laverick)
Criminal Convictions
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Julie Ann Fletcher
Client Money, Others
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Anthony William Elliott
Criminal Convictions
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.