Court Process/legal Questions

Question 1

Who is responsible for filing formal statements?

Answer 1

The prosecutor

Question 2

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

Answer 2

Balance of probabilities

Question 3

When interviewing a person suspected of committing an offence, when should caution be administered?

Answer 3

When you have sufficient evidence to charge a person with an offence

Question 4

A good charging decision is made when the charges chosen adequately reflect the nature and extent of the Criminal conduct and

Answer 4

The court is provided with an appropriate basis for sentence

Question 5

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

Answer 5

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

Question 6

When applying the evidential test you must consider if there is sufficient admissible evidence to…

Answer 6

Provide a reasonable prospect of conviction

Question 7

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?

Answer 7

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

Question 8

The meaning of ‘arbitrary detention’ as explained in the vase R V Goodwin (1993)?

Answer 8

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

Question 9

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

Answer 9

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

Question 10

A person is in custody when?

Answer 10

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

Question 11

Are pre-trial admissibility hearings available before both Judge-alone and Jury Trials?

Answer 11

Yes

Question 12

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?

Answer 12

As soon as reasonably practicable after the service of the summons

Question 13

What are the aims of case management discussions?

Answer 13

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

Question 14

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

Answer 14

The evidential test

Question 15

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

Answer 15

Provide a reasonable prospect of conviction

Question 16

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

Answer 16

Sufficiency of admissible evidence

Question 17

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

Answer 17

The evidential test and the public interest test

Question 18

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?

Answer 18

Five working days before the case management discussion

Question 19

Can a person charged with male asdwjlts female (section 194(b) Crimes Act 1961) a category 3 offence elect a jury?

Answer 19

Yes

Question 20

Although a judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the?

Answer 20

Defendant’s physical or mental condition

Question 21

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?

Answer 21

At the same time he enters his not guilty plea

Question 22

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

Answer 22

No more than 14 days from the date bail was granted

Question 23

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

Answer 23

Apply the public interest test to determine a prosecution if required

Question 24

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?

Answer 24

Everyone arrested or detained

Question 25

In applying the evidential test you must determine if there is reasonable prospect of conviction through examining the;

Answer 25

Sufficiency of the admissible evidence

Question 26

You are considering charging someone with burglary. Before you to you must satisfy the test for Prosecution contained in the Solicitor-General Prosecution Guidelines. Which component of the test should you conduct first?

Answer 26

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