Criminal Procedure Act Flashcards

1
Q

List four important things required under the CPA?

A
  1. Make good charging decisions
  2. Complete quality prosecution files
  3. Complete early disclosure
  4. Provide information required by prosecutors as soon as possible
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2
Q

What are the 5 stages of criminal proceedings in court?

A

Commencement, Administration, Review, Trial, Disposition

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3
Q

Who conducts Jury trials for category 3 offences?

A

The Court

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4
Q

When should a charge be filed after service of summons?

A

As soon as practicable

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5
Q

How do child complainants/witnesses seek name suppression?

A

They don’t - It is automatic

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6
Q

When should a DVD interview be disclosed?

A

When defence counsel has been assigned and sent with full disclosure

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7
Q

What are the 9 stages involved between arrest and trial?

A

Arrest, initial disclosure, first appearance, full disclosure, second appearance, file analysis, case management discussion, case review hearing, judge alone trial

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8
Q

What does the Case Management Memorandum record?

A
  • Any pre-trial hearings or applications
  • Whether a hearing is required for judicial intervention
  • Any application to be made to transfer courts
  • Any intention the prosecutor has to amend charges, and
  • Whether disclosure has been complied with
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9
Q

What is a sentence indication?

A

A statement given by the court indicating to the Defendant what the court would be likely to impose as a sentence if a guilty plea is entered

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10
Q

What do the courts need to give a sentence indication?

A
  • An agreed summary of facts
  • The previous conviction history of the Defendant
  • A copy of the Victim Impact Statement
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11
Q

If the prosecutor requests additional information prior to a case management discussion or a set trial date, when must you ensure the file is returned by?

A

At least 5 working days prior

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