FAQ 42

Q42. I am prosecuting a drugs case in magistrates’ court. During the course of the prosecution case I realise that there is a gap in continuity which might found a successful half time submission. My opponent does not take the point. Do I have a duty to bring the point to his attention or to the court’s? Does it make any difference if the defendant is unrepresented or if the trial takes place in the Crown Court?

A42. Where the defence is represented, there is no duty to draw this point to anyone’s attention - it is not your role to do the defence’s job for them. The case would be different where the defendant is unrepresented and it would be appropriate in those circumstances for the prosecutor to draw the matter to his or her attention. The answer does not differ according to the forum involved.