Criminal Procedure Act Flashcards
Where do you find table 1 and 2?
Schedule 1 of the Criminal Procedure Act
What are the 3 steps involved with a Court Attendance Notice?
- Commencement of CAN
- Service of CAN
- Filing of CAN
What section provides for police officers to commence proceedings against an accused person?
S 172 and s 173
What must the CAN include for it to be valid?
- The name of the prosecutor
- Time, date and location of the court
- That they may be found guilty or a warrant issued if they fail to attend Court
- Time and date of the offence and location
- Identify the factual elements of the offence
What rules provide for what must be in a CAN?
S. 175 and 3.11 of the Local Court Rules.
When is a CAN filed?
Proceedings commenced on the day that the CAN is filed at the registry. S 178
What section outlines the statute of limitations?
S 179
What is the statute of limitations for most summary offences?
6 months
Is there a time limit for a T1 or T2 offence if they are dealt with summarily?
No.
If you cant serve a CAN directly on the accused what can you do?
- Substituted service
2. S 181 warrant
What kind of warrant is allowed for under section 181?
A warrant can be applied for if it has been filed in the registry and unable to be served.
What section allows you to adjourn proceedings in the absence of the accused?
Section 40.
What section dictates the contents of a brief of evidence?
Section 183 (2)
What kind of offences do not require a brief of evidence to be served?
Tins, some summary offences s 110 of road rules.
What section can assist you if a brief of evidence has not been served?
Section 188
- can allow service to be dispensed with
- it must be just a reasonable.
What does DPP v West have to do with s 188
An adjournment may be granted to allow the prosecution to ‘get back on the rails’ however this may incur professional fees (costs)
What is the EAGP?
Early appropriate guilty Plea
- Early disclose of Brief Evidence
- Charge certification
- Mandatory Criminal Case Conferencing
- Local Court Case Management
- Structured Sentencing Discounts
Can a matter be dealt with in the accused absence if they provided a written plea?
Yes.
What does section 196 allow?
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.
What is the time limit for DPP election?
- within the time frame specified by the Court
- Prior to a plea of guilty being entered
What section allows you to adjourn a matter at any time?
S 40
What does a short brief allow you to leave out?
Prescribed statements (from custody managers, conveyors of drugs and observers)
What does s 1-44 cover?
General rules
What does section 45-169 cover?
Indictable offences (serious)
