CPA

Question 1

Define category 1,2,3 & 4 and the penalties?

Answer 1

Cat 1 - fine only
Cat 2 - under 2 years imprisonment
Cat 3 - everything else, punishable by 2 years or more
Cat 4 - murder/ manslaughter

Question 2

The evidential test is met when?

Answer 2

There is sufficient admissible evidence to provide a reasonable prospect of conviction.

Question 3

Under CPA can issuing a summons be seperate to filing a charge?

Answer 3

True

Question 4

What to include is prosecution file?

Answer 4

• Sum of facts
• Notice of bail or summons
• Court bail conditions (if any)
• initial disclosure
• full disclosure

Question 5

Johnny Smith is served with a summons to appear in court in 2 months time.
When must the charge document be filed?

Answer 5

ASAP after service of summons

Question 6

What must be on prosecution file at first appearance?

Answer 6

• Sum of facts
• charging document
• two discourse packs (initial + full)

Question 7

The PPS will now

Conduct cat 3 jury trials?

Answer 7

False

Question 8

Charging documents must be sworn it affirmed in front of a JP or registrar?

Answer 8

False

Question 9

Where must bail conditions be recorded?

Answer 9

NIA charge module.

Recorded by FMC - will be sent electronically to court with charging doc if bail is not opposed.

Question 10

If summons is required to be served personally, who may it be served on?

Answer 10

The defendant, his Or her family member living at same address who appears over age of 18

Question 11

Who can authorise a charge?

Answer 11

Sgt or above- including acting sgt

Question 12

If initial disclosure has been delivered at 1st appearance, what do criminal procedure rules recommend as time frames between 1st and 2nd appearance?

Answer 12

Cat 1 & 2 - 10 working days

Cat 3 & 4 - 15 working days

Question 13

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

Answer 13

Initial disclosure and opportunity to seek legal advice

Question 14

Steps when sent a NIA task by prosecutions?

Answer 14

• Gather info ,
• Send to PSS via CJSU to comply with disclosure obligations
• update tasking

Question 15

You must return a file to the prosecutor how many working days prior to trial?

Answer 15

5 working days

Question 16

How many days prior to trail call over must the crown file formal statements?

Answer 16

25 days

Question 17

In which situations would PPS send back a physical file to the O/C?

Answer 17

• Prepare file for JAT

- after pps file analysis doesn’t met evidential test and remedial action is required before CMD

Question 18

What is a defended hearing called under the CPA?

Answer 18

Judge alone trial

Question 19

Significant non compliance to CPA regulations could result in?

Answer 19

Costs being ordered against party responsible for non- compliance.

Police/ crown/ defence

Question 20

The prosecutor must analyse the prosecution file within how many days after the entering of a not guilty plea?

Answer 20

3 days

Question 21

Do child complaints and witnesses get automatic name suppression?

Answer 21

Yes

Question 22

When do the crown accept responsibility for cat 4 offences?

Answer 22

After first appearance

Question 23

The crown will assume responsibility for all jury trials for offences featuring on the crown schedule offences, following the entry of a plea? True/false

Answer 23

True

Question 24

If police bail conditions are imposed when must the defendants 1st appearance must be no later than?

Answer 24

7 consecutive days from date bail was granted

Question 25

If bail is granted but NO conditions imposed, the 1st appearance can be no later than?

Answer 25

14 days from when bail was granted