Administration Flashcards
Roger has been charged with Aggravated Burglary a Category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?
A. At the same time as he enters his not guilty plea.
B. He cannot elect a jury trial for a category 3 offence.
C. At anytime before the case management discussion.
A. At the same time as he enters his not guilty plea.
How long after a first appearance for a category 2 offence will a second appearance usually occur?
A. 20 working days
B. 15 working days
C. 10 working days
C. 10 working days
What must happen before a Judge can require a plea to be entered?
A. Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice.
B. The defendants second appearance.
C. The defendant has had the opportunity to obtain legal advice.
A. Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice.
If initial disclosure has been delivered at first appearance, what do the Criminal Procedure Rules 2012 recommend as the timeframe between the first and second appearance? Select two that apply.
A. 15 working days for Category 3 or 4 offences.
B. 10 working days for Category 1 and 2 offences.
C. 5 working days for urban courts.
D. 30 working days for rural courts.
A. 15 working days for Category 3 or 4 offences.
B. 10 working days for Category 1 and 2 offences.
If the defendant enters a not guilty plea to a category 3 offence, they may also elect to be tried by jury.
If they make no election then how does the trial proceed?
A. It can’t proceed until the defendant makes a choice.
B. It will proceed as a judge alone trial.
C. It will proceed by jury.
B. It will proceed as a judge alone trial.
If the defendant elects to be trailed by jury for a category 3 offence then all other joined charges will proceed also by jury, regardless of the category of the offence.
True or False.
True.
Under the CPA 2011 the Crown will take over prosecution of:
A. All category 4 offences from the time the proceeding is adjourned following the defendants first appearance.
B. All category 3 Crown Prosecution Regulations Schedule offences from the time that the proceeding is adjourned following the entry of a guilty plea.
C. All non Crown Prosecution Regulations Schedule, when jury trial has been elected, from the time the proceeding is adjourned for trial cal lover.
D. All category 2 or 3 judge alone trials if they are transferred to the high court.
E. Breach of bail cases where the crown are already responsible for the charge that led to bail.
A, B, C, D and E.
Which of the following statements represent the legislative and best practice requirements for disclosure?
A. Initial disclosure should be delivered before or at the first appearance.
B. As soon as counsel have provided an address for service to police the OC must ensure counsel is provided with all available disclosable material (this a likely to be between the first and second appearance).
C. The statutory trigger for full disclosure is the entry of a not guilty plea.
D. Best practice is to disclose all available and relevant information to the defendant or their lawyer as soon as possible ie. To go beyond the minimum requirements and timeframes in the CDA 2008.
A, b, c and d.
Under the CPA there is now automatic name suppression of the names of child complainants and child witnesses.
True or False?
True it is also an offence to publish details of a suppression order. Maximum penalty is 6 months imprisonment or a 100,000 fine.
