Criminal Procedure Act

Question 1

Where do you find table 1 and 2?

Answer 1

Schedule 1 of the Criminal Procedure Act

Question 2

What are the 3 steps involved with a Court Attendance Notice?

Answer 2

1. Commencement of CAN
2. Service of CAN
3. Filing of CAN

Question 3

What section provides for police officers to commence proceedings against an accused person?

Answer 3

S 172 and s 173

Question 4

What must the CAN include for it to be valid?

Answer 4

1. The name of the prosecutor
2. Time, date and location of the court
3. That they may be found guilty or a warrant issued if they fail to attend Court
4. Time and date of the offence and location
5. Identify the factual elements of the offence

Question 5

What rules provide for what must be in a CAN?

Answer 5

S. 175 and 3.11 of the Local Court Rules.

Question 6

When is a CAN filed?

Answer 6

Proceedings commenced on the day that the CAN is filed at the registry. S 178

Question 7

What section outlines the statute of limitations?

Answer 7

S 179

Question 8

What is the statute of limitations for most summary offences?

Answer 8

6 months

Question 9

Is there a time limit for a T1 or T2 offence if they are dealt with summarily?

Answer 9

No.

Question 10

If you cant serve a CAN directly on the accused what can you do?

Answer 10

1. Substituted service

2. S 181 warrant

Question 11

What kind of warrant is allowed for under section 181?

Answer 11

A warrant can be applied for if it has been filed in the registry and unable to be served.

Question 12

What section allows you to adjourn proceedings in the absence of the accused?

Answer 12

Section 40.

Question 13

What section dictates the contents of a brief of evidence?

Answer 13

Section 183 (2)

Question 14

What kind of offences do not require a brief of evidence to be served?

Answer 14

Tins, some summary offences s 110 of road rules.

Question 15

What section can assist you if a brief of evidence has not been served?

Answer 15

Section 188

• can allow service to be dispensed with
• it must be just a reasonable.

Question 16

What does DPP v West have to do with s 188

Answer 16

An adjournment may be granted to allow the prosecution to ‘get back on the rails’ however this may incur professional fees (costs)

Question 17

What is the EAGP?

Answer 17

Early appropriate guilty Plea

1. Early disclose of Brief Evidence
2. Charge certification
3. Mandatory Criminal Case Conferencing
4. Local Court Case Management
5. Structured Sentencing Discounts

Question 18

Can a matter be dealt with in the accused absence if they provided a written plea?

Answer 18

Yes.

Question 19

What does section 196 allow?

Answer 19

It is an application by the prosecutor that the matter be dealt with to finality in the absence of the accused. Can only provide a money fine or a conviction.

Question 20

What is the time limit for DPP election?

Answer 20

• within the time frame specified by the Court

- Prior to a plea of guilty being entered

Question 21

What section allows you to adjourn a matter at any time?

Answer 21

S 40

Question 22

What does a short brief allow you to leave out?

Answer 22

Prescribed statements (from custody managers, conveyors of drugs and observers)

Question 23

What does s 1-44 cover?

Answer 23

General rules

Question 24

What does section 45-169 cover?

Answer 24

Indictable offences (serious)

Question 25

What does section 170-257 cover?

Answer 25

Summary Offences