Rule 37 Rules of Professional Conduct for Legal Practitioners

Rule 37 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Employment in criminal cases. It is under Part IV (Relations with the court) of Chapter 1 (Conduct) of the Rules. It provides as follows:

(1) Where a lawyer undertakes a defence of a person accused of a crime, he shall—
(a) exert himself, by all fair and honourable means, to put before the Court all matters that are necessary in the interest of justice ; and
(b) not stand or offer to stand bail for a person for whom he or a person in his law firm is appearing.

(2) Where a lawyer accepts a brief for the defence in a murder trial, he shall be deemed to have given a solemn undertaking, subject to any sufficient unforeseen circumstances, that he will personally conduct the defence provided his fee is paid.

(3) Where an accused person discloses facts which clearly and credibly show his guilt, the lawyer shall not present any evidence inconsistent with those facts and shall not offer any testimony which he knows to be false.

(4) The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done.

(5) A public prosecutor shall not institute or cause to be instituted a criminal charge, if he knows or ought reasonably to know that the charge is not supported by the probable evidence.

(6) A lawyer engaged in public prosecution shall—
(a) not suppress facts or secrete witnesses capable of establishing the innocence of the accused person ; and

(b) make timely disclosure to the lawyer for the defendant, or to the defendant if he has no counsel, of the existence of evidence known to the prosecution or other government lawyer that tends to negate the guilt of the accused, mitigate the degree of the offence, or reduce the punishment.