Commencing Criminal Proceeding

Question 1

How can a criminal proceeding commence?

Answer 1

1. Filing C/S per s6
2. Filing Direct Indictment per s159
3. Direction for Perjury per s415

Question 2

How is a criminal proceeding commenced in the MCV?

Answer 2

1. Filing a c/s with the registry (s6(1)(a)
2. If A is arrested without warrant and released on bail, filing C/S with a Bail justice
3. If summons is issued per s14, ath the time the C/S is signed

Question 3

An informant has a included an IOTS in the C/S? Can it proceed to a committal?

Answer 3

Per s6(4) of the CPA, the INF may include a request for a Committal Proceeding in a C/S containing an IOTS.

Question 4

What are the time limits for Summary offences and Indictable offences?

Answer 4

1. Summary offence must be commenced within 12 months after the date on which the offence is alleged to have been committed (except where the CPA otherwise provides, or the Accused and DPP/CP give consent to the proceeding commencing after the expiry date)
2. IO may be commenced any time, except where otherwise provided in the CPA or other act. An IOTS may be heard even though the proceeding commenced after 12 months.

Question 5

How can a Charge sheet be amended?

Answer 5

A C/S may be amended at any time if the court thinks it is necessary and there would be no injustice to the accused (s8).

If, as a result of the amendment, the C/S is effectively a new offence then it cannot be made after the expiry period within which a proceeding for that offence may be commenced (ie if an amendment for a summary offence occurred after 12 months, then any new charge can not result in a proceeding).

However, if a limitation period does apply to an offence in the c/s, the C/S can be amended after the expiry if: a) the c/s before the amendment sufficiently disclosed the case. and b) the amendment does not amount to the commencement of a proceeding for a new offence, and c) the amendment will not cause injustice to the Accused

Question 6

Explain what occurs if there is an error in the C/S?

Answer 6

A C/S is not invalid if it fails to comply with SCH 1.

Furthermore, a C/S is not invalid by reason of: a) ommitting to state the time when the offence was committed b) incorrectly stating the time c) stating the offence was committed on an impossible day

Question 7

When can matters be listed for mention or filing?

Answer 7

1. If it is a summary offence, then it must be a mention in the summary stream
2. If it is IOTS, then it may be listed for mention or filing hearing
3. If it is an IO not heard an determined summarily, then it must be listed for filing hearing