CPA 2011 Pt 2

Question 1

When must the Crown file a formal statement?

Answer 1

25 days before trial call over

Question 2

If the prosecutor asks you for additional info, you must ensure it is available by when?

Answer 2

No later than 5 working days

Question 3

What must happen before a judge can require a plea to be entered by the defendant?

Answer 3

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

Question 4

If initial disclosure has been delivered at first appearance, what does the Criminal Procedure Rules 2012 recommend as the time frame between the first and second appearance?

Answer 4

• 10 working days for cat 1 &2 offences

- 15 working days for cat 3 & 4 offences

Question 5

If Police bail is granted, the first appearance court date for the defendant must be no longer than 7 days from the bail date.

True or false?

Answer 5

True

Question 6

If a summons is required to be served personally. Who may it be served on?

Answer 6

The Defendant, member of the family living at the same address and appear to be of or over 18

Question 7

What 3 of the options must you include on the prosecution file for 1st appearance?

SOF, VIS, Disclosure packs

SOF, Charging document, Disclosure packs

SOF, VIS, Charging document

Answer 7

SOF

Disclosure packs

Charging documents

Question 8

John is served with a summons to appear in court in 2 months time. The charging document has not yet been filed. When must the document be filed?

Answer 8

As soon as reasonably practicable after the service of the summons

Question 9

Tom was arrested for assault on a member of the public. He is later released on Police bail. Can Tom be issued with a summons?

Answer 9

No - If Police bail is granted, you cannot summons

Question 10

What category of offences must a summons be served personally?

Answer 10

Category 2, 3 and 4

Question 11

When is the evidential test met?

Answer 11

When there is sufficient admissible evidence to provide a reasonable prospect of conviction

Question 12

When can Case Management Meeting occur?

Answer 12

Once full disclosure has been made

Question 13

When must court adjourn for a Case Review Hearing?

Answer 13

• 30 days after Not Guilty plea for category 2 and 3 offences
• 45 days after Not Guilty plea for category 4 offences

Question 14

What is a trial?

Answer 14

1. Determination of facts

2. Matters of law

Question 15

When must a file be returned when preparing for a Judge Alone Trial?

Answer 15

File must be returned 5 working days before trial