Criminal Procedure Act 2011 Flashcards
Test Study
1
Q
Category 1 Offence
A
- Not punishable by imprisonment
- Can plead guilty by notice to the registrar
- Judge alone trial n District Court plea of not guilty
- if defendant doesn’t appear the hearing can still proceed
2
Q
Category 2 Offence
A
- Maximum penalty of less than two years or community based sentence.
- case management provisions apply
- judge alone trial in the district court
3
Q
Category 3 Offence
A
- Punishable by at least two years imprisonment and aren’t category 4 offences
- Case management provisions apply
- the defendant has the right to elect trial by jury
- The trial may be in the DC or the HC
4
Q
Category 4 Offences
A
- most serious crimes, murder, manslaughter
- Case management provisions apply
- the crown is always the prosecutor
- the trial is always a jury trial in the HC
5
Q
Evidential Test
A
Is the sufficient admissible evidence to provide a reasonable prospect of conviction
6
Q
Public interest test
A
Prosecutions are brought for the benefit of the public, not individuals.
7
Q
Who can authorise a prosecution
A
Sergeant or above or person acting in those positions.
8
Q
Summons
A
- Can be issued before or after a charge is filed
- charging document must be filed as soon as reasonably practicable after summons is served.
- Cat 2, 3 and 4 offences, summons must be served personally
- Cat 1 offences summons can be posted but not electronically.
9
Q
If bail conditions imposed, hearings must be within…
A
7 days
10
Q
If no bail conditions imposed, hearings must be within…
A
14 days
11
Q
Full disclosure must be made within how long after a guilty plea…
A
3weeks
