Chapter 6 - Prosecution Procedure

Question 1

Category 3 deal with what offences ?

Answer 1

Section 6 for the MODA

Question 2

Category 2 deal with what type of offences ?

Answer 2

• section 7

Question 3

Outline s16 of the Bail Act ?

Answer 3

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise

Question 4

What are the general time limits for laying charges regarding drug offences ?

Answer 4

Dealing, cultivating, aiding officers against corresponding law in another county - ANY TIME

Other offences - four years after the date on which the offence was committed

Question 5

Definition of dealing offences ?

Answer 5

• Dealing offences is in s6 of the MODA1975

Question 6

Section 3 Bail Act - Drug offences mean

Answer 6

• Offence against s6 or 12C(1)(A) of the MODA 75 relations to Class A or B controlled drug
• An attempt to commit an offence in paragraph A

Question 7

Who can bail a person charged with Manufacturing Meth ?

Answer 7

High Court Judge or District Court Judge

Question 8

List 3 steps for using Certificate of Analysis instead of calling ESR to give evidence ?

Answer 8

• A copy of the Analyst Certificate must be given to the Defendant
• AND written notice that the Analyst will not be called at least 7 days before the hearing.
• if the Defendant rejects the certificate as evidence, a written notice is required 3 days prior to the hearing wanting the analyst to be called as a witness by the prosecution

Question 9

Admissibility of certificate ?

Answer 9

• Defendant is served at least 7 days of the hearing with a copy of the analyst certificate
• Defendant does not, at least 3 days before hearing give written notice that the analyst be called
• Court does not request oral evidence or the analyst

Question 10

S17A - Restriction on Bail of Defendant charged with serious Class A drugs offence ?

Answer 10

• Of or over 18 years of age
• Aged 17 years and charged in District or High Court
• Defendant satisfies the Judge that bail or remanded at large should be granted
• Defendant must satisfy Judge on the balance of probabilities that the Defendant whilst on bail or remanded at large will not commit any drug dealing offences