Commencement Flashcards
If Police Bail conditions are imposed, the date of the defendant’s first appearance must be no more than 7 days consecutive days from the date bail was granted.
True or False?
True
You cannot issue a summons in which of the following situations?
A. The person has been granted bail by Police or arrested under warrant.
B. The person is at a Police Station.
C. A charging document has already been file.
D. You have stopped the person on the roadside.
A. The person has been granted bail by Police or arrested under warrant.
You’re considering charging Megan RYAN with burglary. Before you do so you must satisfy the Test for prosecution contained in the Solicitor Generals 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 evidential test- if the evidence meets the evidential test we can consider the public interest test.
C. The public interest test- if prosecution is of benefit to the public we can the consider the evidential test.
B. The evidential test- if the evidence meets the evidential test we can consider the public interest test.
What will now be filed instead of an ‘information’?
A. Summons
B. Indictment
C. Charging Document
C. Charging Document
Jonny SMITH is served with a summons to appear in court in 2 months time. The charging document has not yet been file. When must the charging document be file?
A. There is no fixed time frame.
B. Any time up to and including the first appearance date on which the defendant is required by the summons to appear.
C. Within 7 days of the issuing of the summons.
D. As soon as reasonably practicable after the service of the service of the summons.
D. As soon as reasonably practicable after the service of the service of the summons.
Where must proposed court bail conditions be recorded?
A. In NIA charge module
B. In the Case Management Memorandum
C. On the POL 258P Prosecution Report
A. In NIA charge module
A charging document commencing a prosecution must be sworn or affirmed in front of a JP or Registrar as true and correct by the police employee commencing proceedings.
True or False?
False.
Category 2 Offences carry how many years imprisonment?
Less than 2 Years imprisonment
Category 2 Offences have a maximum penalty of less than 2 years imprisonment or a community based sentence.
Any trial is a JAT in the District Court.
Category 3 offences carry what term of imprisonment?
Category 3 are punishable by at least 2 years imprisonment, and are not category 4 offences.
The Defendant has the right to elect trial by jury and the trial (JAT or Jury) maybe heard in the District Court or the High Court.
With Category 4 offences who is the prosecutor?
The Crown is always the prosecutor.
What type of Trial does a defendant face for a Category 4 offence?
A. Judge Alone Trial
B. Jury Trial
C. The Defendant can elect to have a Judge Alone Trial or by Jury.
B. Jury Trial
What are category 4 offences?
Category 4 offences are the most serious; murder and manslaughter for example.
Category 1 offences carry what term of imprisonment?
Category 1 offences are not punishable by imprisonment. They are fine only offences.
The defendant can plead guilty by notice to the Registrar for Category 1 offences.
True or False?
True.
What happens when the defendant pleads not guilty to a Category 1 offences?
If the Defendant pleads not guilty there will be a JAT in the District Court.
