4. Investigation and Prosecution

4.1   Investigators gather the evidence and other material on which prosecutors rely. In no sense are investigators “clients” of prosecutors, nor do they give “instructions” to prosecutors. It is expected, however, that there will be ongoing consultations between prosecutors and investigators in respect of cases and each should take into account the views expressed by the other.

4.2   While the functions of investigation and prosecution are separate and distinct and are carried out by specialists with different sets of skills and resources, the close cooperative relationship between investigators and prosecutors should continue to be encouraged and promoted.

Assistance by and Advice to Investigators

4.3   Prosecutors may request that further investigations be conducted, but cannot take charge of or direct investigations. Investigators may receive advice from prosecutors in respect of the law, charges and evidence, including:

  1. charges that may be available and appropriate;
  2. the sufficiency of evidence to proceed;
  3. the admissibility of evidence;
  4. the present state of the relevant law;
  5. the appropriate venue for trial;
  6. the disclosure of material;
  7. the institution of appeals or reviews.