Criminal Procedure Act Flashcards
List four important things required under the CPA?
- Make good charging decisions
- Complete quality prosecution files
- Complete early disclosure
- Provide information required by prosecutors as soon as possible
What are the 5 stages of criminal proceedings in court?
Commencement, Administration, Review, Trial, Disposition
Who conducts Jury trials for category 3 offences?
The Court
When should a charge be filed after service of summons?
As soon as practicable
How do child complainants/witnesses seek name suppression?
They don’t - It is automatic
When should a DVD interview be disclosed?
When defence counsel has been assigned and sent with full disclosure
What are the 9 stages involved between arrest and trial?
Arrest, initial disclosure, first appearance, full disclosure, second appearance, file analysis, case management discussion, case review hearing, judge alone trial
What does the Case Management Memorandum record?
- 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
What is a sentence indication?
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
What do the courts need to give a sentence indication?
- An agreed summary of facts
- The previous conviction history of the Defendant
- A copy of the Victim Impact Statement
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?
At least 5 working days prior