CPA 2011 Pt 1

Question 1

What are the Criminal Procedure Stages?

Answer 1

CARTD

COMMENCMENT

• Before first appearance
• Charging document is filed
• Defendant request hearing for ION

ADMIN

• Defendant first appearance
• Defendant receives disclosure
• Defendant seeks legal advice
• Defendant enters a plea

REVIEW
-Prosecutor and defence out of court meeting

TRIAL
-Judge alone trial or jury trial

DISPOSITION
-Completion or prosecution even if no trial

Question 2

Section 28-29 requires a person to attend court no later than?

Answer 2

2 months after the date of summons

Question 3

What does a summons contain?

Answer 3

Name of Defendant, charge, court name, time and date

Question 4

Under section 31, when must a charging document be filed?

Answer 4

Must be filed before or after summons is issued or served

Question 5

When must a summons be filed?

Answer 5

As soon as reasonably practicable after summons has been served and no later than the defendants first appearance

Question 6

What is a category 1 offence?

Answer 6

Fines offences only

Def, If, If

• Defendant can plead guilty by notice to the register
• If the Defendant pleads Not Guilty, a judge alone trial in District Court
• If the Defendant does not appear, the matter may proceed in their absence

Question 7

What is a category 2 offence?

Answer 7

2 years or less imprisonment or community based sentences

C.T

• Case Management Provisions Apply
• Trial is Judge alone Trial in District Court

Question 8

What is a category 3 offences?

Answer 8

2 years or more imprisonment which is not a category 4 offence.

C.D.T

• Case Management Provisions Apply
• Defendant has right to elect a jury trial
• Trial is Judge alone or jury trial in the High court or District court

Question 9

What is a category 4 offence?

Answer 9

Most serious offences (murder/manslaughter)

C.C.T

• Case Management Provisions Apply
• Crown is always the prosecutor
• Trial is heard in High Court

Question 10

Who is protected under name suppression?

What is the punishment for publicising details of someone under name suppression?

Answer 10

Automatic suppression of children.

6 months imprisonment or $100,000 fine

Question 11

What two things is the Crown responsible for?

Answer 11

Cat Cat

1. Category 4 offences after the first appearance
2. Category 3 offences following plea

Question 12

What 3 things does the Crown take over?

Answer 12

N.A.A

1. Non schedule offences when jury trial hasn’t been elected
2. All category 2-3 offences heard in High Court
3. All breaches of bail for cases Crown is responsible for

Question 13

What must a Defendant do if they enter a Not Guilty for a category 3 offence?

Answer 13

They must make a decision to elect a Jury Trial or Judge Alone Trial

Question 14

If disclosure has occurred, what will the court require?

Answer 14

For the Defendant to enter a plea and if applicable, elect a jury trial or judge alone trial

Question 15

2nd appearance occurs when?

Answer 15

• 10 days after first appearance for category 1 and 2 offences
• 15 days after first appearance for category 3 and 4 offences