Court Process/legal Questions Flashcards
Who is responsible for filing formal statements?
The prosecutor
The judge must exclude a defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
Balance of probabilities
When interviewing a person suspected of committing an offence, when should caution be administered?
When you have sufficient evidence to charge a person with an offence
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the Criminal conduct and
The court is provided with an appropriate basis for sentence
What must happen before a Judge can require a plea to be entered?
Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
When applying the evidential test you must consider if there is sufficient admissible evidence to…
Provide a reasonable prospect of conviction
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?
The evidential test - if the evidence meets the evidential test we can then consider the public interest
The meaning of ‘arbitrary detention’ as explained in the vase R V Goodwin (1993)?
When words or conduct of an officer cause a person to believe that he or she is not free to go
After issuing a summons you then decide not to commence a prosecution. What do you do next?
Take all reasonable steps to advise the defendant that there will be no prosecution prior to the date summonsed
A person is in custody when?
Words of arrest are spoken and physical touch clearly signals the person is not free
Are pre-trial admissibility hearings available before both Judge-alone and Jury Trials?
Yes
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?
As soon as reasonably practicable after the service of the summons
What are the aims of case management discussions?
To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
Which test is best described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction.
The evidential test
When applying the evidential test you must consider if there is sufficient admissible evidence to
Provide a reasonable prospect of conviction
In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the
Sufficiency of admissible evidence
When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?
The evidential test and the public interest test
If your file has been sent back because you have been tasked with completing remedial work before case management decisions, what is the lastest time that the file needs to be with the PPS office?
Five working days before the case management discussion
Can a person charged with male asdwjlts female (section 194(b) Crimes Act 1961) a category 3 offence elect a jury?
Yes
Although a judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the?
Defendant’s physical or mental condition
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?
At the same time he enters his not guilty plea
If no Police bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?
No more than 14 days from the date bail was granted
Under the Crown Law Prosecution Guidelines 2010: When admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must?
Apply the public interest test to determine a prosecution if required
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?
Everyone arrested or detained
