CIK (58-79) COURT PROCESSES/LEGAL QUESTIONS

Question 1

58) Who is responsible for filing formal statements?

a) The Prosecutor
b) The Registrar
c) The OC case

https://tenone.police.govt.nz/sites/default/files/documents/2020-12/process-for-filing-formal-written-statements.pdf

Answer 1

a) The Prosecutor

Question 2

59) The Judge must exclude a defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

a) Probable cause
b) Balance of probabilities
c) Beyond reasonable doubt

Answer 2

c) Beyond reasonable doubt

Question 3

60) A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and.

a) The defence is provided with the total evidence at disclosure
b) The court is provided with an appropriate basis for sentence
c) The prosecution is provided with sufficient admissible evidence

Answer 3

b) The court is provided with an appropriate basis for sentence

A good charging decision is made when the charges chosen adequately to reflect the nature and extent of the criminal conduct (disclosed by the evidence) and provide the court with an appropriate basis for sentence (p89)

Question 4

61) What must happen before a Judge can require a plea to be entered?

a) The defendant’s second appearance
b) Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
c) The defendant has had the opportunity to obtain legal advice

Answer 4

b) Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice

During the ‘administration’ stage of the criminal process:
* The defendant’s initial appearances in court following the commencement of proceedings in which they receive initial disclosure, seek legal advice and enter a plea
* Interim name suppression may be considered until the next appearance, if there is an arguable case in favour of suppression
* Defendant may be remanded for Police Adult Diversion, if appropriate
* Some offences may require the Crown’s involvement following the first appearance.
* Second appearance is timed following initial disclosure, usually no more than 10 working days after the first appearance for a category 1 or 2 offence, or 15 working days for a category 3 or 4 offence
* A plea and election, as appropriate, may be required by the judicial officer if the defendant has initial disclosure and an opportunity to have legal representation. This is expected to be the second appearance for most defendants.

Ten One > Police instructions > Criminal procedure – introduction and jurisdiction

Question 5

62) When applying the evidential test you must consider if there is sufficient admissible evidence to . . .

a) Suspect an offence has been committed
b) Establish a prima facie case
c) Provide a reasonable prospect of conviction

Answer 5

c) Provide a reasonable prospect of conviction

Is the admissible evidence sufficient to provide a reasonable prospect of conviction? In other words, if a court (either judge or jury), could they be reasonably expected to be satisfied beyond reasonable doubt that the individual who is prosecuted has committed the offence alleged? If the evidential test is not met, the charge cannot be filed. If it is met, then the public interest test must next be considered. (p91)

Question 6

63) In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:

a) Validity of the admissible evidence
b) Completeness of the admissible evidence
c) Sufficiency of the admissible evidence

Answer 6

c) Sufficiency of the admissible evidence

Question 7

64) You are considering charging someone with Burglary. Before you do you must satisfy the Test for Prosecution contained in the Solicitor-General’s Prosecution Guidelines. Which component of the test should you conduct first?

a) It doesn’t matter which order we complete the tests, we should always do both
b) The public interest test - if prosecution is of benefit to the public we can then consider the evidential test
c) The evidential test - if the evidence meets the evidential test we can then consider the public interest

Answer 7

c) The evidential test - if the evidence meets the evidential test we can then consider the public interest

Question 8

65) The meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993) is:

a) When words or conduct of an officer cause a person to believe that he or she is not free to go
b) When an officer tells a person in no certain words or conduct that they are not free to go.
c) When words or conduct of an officer cause a reasonable person to believe that they are not free to go.

Answer 8

a) When words or conduct of an officer cause a person to believe that he or she is not free to go

R v Goodwin (1993): “officer who directed Goodwin to wait had not told him he was free to go”

Question 9

66) After issuing a summons you then decide not to commence a prosecution. What must you do next?

a) Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed
b) File a Charging Document as you must always commence a prosecution after serving a summons
c) No action required. The Prosecutor will advise the defendant when he/she appears at Court

Answer 9

a) Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed

Question 10

67) A person is in custody when

a) Words of arrest are spoken and the person is advised the nature of their charge.
b) words of arrest are spoken and the person is formally cautioned
c) Words of arrest are spoken and physical touch clearly signals the person is not free.

Answer 10

c) Words of arrest are spoken and physical touch clearly signals the person is not free.

Question 11

68) Are pre-trial admissibility hearings available before both Judge-alone and jury trials?

a) No
b) Pre-trial hearings are only for jury trials
c) Yes

Answer 11

c) Yes

Question 12

69) Johnny Smith is served with a summons to appear in Court in 2 months’ time. The Charging Document has not yet been filed. When must the Charging Document be filed?

a) As soon as reasonably practicable after the service of the summons
b) Within 7 days of the issuing of the summons
c) Anytime up to and including the first appearance date on which the defendant is required by the summons to appear

Answer 12

a) As soon as reasonably practicable after the service of the summons

Question 13

70) What are the aims of case management discussions?

a) To fill in the PPS file analysis form
b) To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
c) To determine what type and length of sentence the defendant will plead guilty to, and resolve any issues before trial

Answer 13

b) To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial

The purpose of case management discussions and the CMM is to ascertain whether the proceeding will proceed to trial and if so, to ensure that any arrangements necessary for its fair and expeditious resolution are made. The defence and the prosecutor are jointly responsible for completing the CMM following discussion and evaluation of the prosecution file. However, the CMM must be filed by the defence within the timeframes set by the court and the rules.

Police Instructions > Criminal procedure – Review stage (CMM process) > Case management meeting and memorandum

Question 14

71) Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction.

a) The Evidential Test
b) The Public Interest Test
c) The Admissibility Test

Answer 14

a) The Evidential Test

Question 15

72) When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?

a) The evidential test and the public interest test
b) The prima facie test and the public interest test
c) The prima facie test and the evidential test

Answer 15

a) The evidential test and the public interest test

Question 16

73) If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?

a) The day the Case Management Memorandum is to be filed
b) 1 week after you are tasked with the work
c) Five working days before the case management discussion

Answer 16

c) Five working days before the case management discussion

Question 17

74) Can a person charged with Male assaults Female (section 194(b) Crimes Act 1961) a category 3 offence, elect a jury.

a) No
b) Yes
c) It is at the prosecutor’s discretion

Answer 17

b) Yes

Category 3 offences are offences punishable by two years’ imprisonment or more. A defendant may elect a jury trial. Also includes an offence that if committed by a body corporate is punishable by only a fine, but would be punishable by a term of two years imprisonment or more if committed by an individual.

Category 1 offences are JAT, category 2 offences are JAT, category 3 offences are JAT unless the defendant elects trial by jury, category 4 offences are tried by a High Court jury.

Ten One > Police instructions > Criminal procedure – introduction and jurisdiction

Question 18

75) Although judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the:

a) Inconsistency of any prior statements.
b) Views allegedly made by the defendant.
c) Defendant’s physical or mental condition.

Answer 18

c) Defendant’s physical or mental condition.

Question 19

76) 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 any time before the case management discussion.
b) At the same time he enters his not guilty plea.
c) He cannot elect a jury trial for a category 3 offence.

Answer 19

b) At the same time he enters his not guilty plea.

Question 20

77) If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?

a) No more than 10 working days from the date bail was granted.
b) No more than 7 consecutive days from the date bail was granted.
c) No more than 14 days from the date bail was granted.

Answer 20

c) No more than 14 days from the date bail was granted.

There is no requirement to grant Police bail to a defendant charged with an offence punishable by imprisonment if they have previously been convicted of an offence punishable by imprisonment, but you should grant Police bail if:
* No risks are identified of them re-offending or failing to appear or interfering with witnesses or evidence
* No risks are identified to the safety of a victim or persons in a family relationship with a victim of a family violence offence
* No risks are identified to the safety of a protected person in relation to a breach of protection order charge, or
* Bail conditions will adequately mitigate any risks of the defendant re-offending or failing to appear or interfering with witnesses or evidence

In granting Police bail you may impose any condition that might be imposed by a judicial officer under section 30, but only if:
* The date stated in the notice of Police bail for the defendant’s appearance before a court is less than 7 days from the date of that notice, or
* The court that the defendant will attend will be closed for more than 7 consecutive days after the date of arrest.

Note that a person granted Police bail must attend personally before a court no later than 14 days from the date of the notice of Police bail.

Police instructions > Police manual > Prosecution and legal > Bail > Granting bail with conditions

Question 21

78) Under the Crown Law Prosecution Guidelines 2010: When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

a) Identify the most appropriate and total number of charges to be laid.
b) Proceed to prosecute as it is clear an offence has been committed.
c) Apply the public interest test to determine if a prosecution is required.

Answer 21

c) Apply the public interest test to determine if a prosecution is required.

Question 22

79) Under section 23 of the Bill of Rights Act 1990 a person has the right to be treated with humanity and with respect for their inherent dignity. Who does this section apply to:

a) everyone
b) everyone charged with an offence
c) everyone arrested or detained

Answer 22

23Rights of persons arrested or detained

• (1)Everyone who is arrested or who is detained under any enactment—
  o (a)shall be informed at the time of the arrest or detention of the reason for it; and
  o (b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
  o (c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.

(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.

(3)Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.

(4)Everyone who is—
o (a)arrested; or
o (b)detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.