Criminal Procedure Rules: Overview Flashcards
What is the overriding objective of the Criminal Procedure Rules?
a) To ensure that the prosecution always succeeds
b) To deal with criminal cases justly
c) To favour the rights of the defendant over the prosecution
d) To ensure all cases proceed to trial
b) To deal with criminal cases justly
Explanation: The overriding objective of the CrimPR is to ensure justice by balancing fairness between the prosecution and defence, protecting the rights of defendants, victims, witnesses, and jurors, and ensuring that cases proceed efficiently without unnecessary delay (Rule 1.1).
Who must comply with the Criminal Procedure Rules?
a) Only judges and magistrates
b) Only the prosecution and defence lawyers
c) All participants in the criminal process
d) Only the defendant and prosecution
c) All participants in the criminal process
Explanation: Rule 1.2 states that all participants in a case must comply with the CrimPR. This includes judges, lawyers, defendants, police officers, expert witnesses, probation officers, and jurors.
What happens if a party fails to comply with the court’s directions under Rule 3.5?
a) The case is automatically dismissed
b) The court may impose sanctions, such as excluding evidence or drawing adverse inferences
c) The party gets an automatic extension
d) The trial must be postponed
b) The court may impose sanctions, such as excluding evidence or drawing adverse inferences
Explanation: Rule 3.5(6) gives courts powers to sanction non-compliance, including:
Excluding late evidence
Drawing adverse inferences
Imposing cost orders
Adjusting hearing dates
The prosecution fails to disclose key evidence before the deadline. What can the court do under CrimPR?
a) Automatically strike out the case
b) Allow the defence extra time to prepare
c) Refuse to allow the prosecution to rely on the evidence
d) Order a retrial
c) Refuse to allow the prosecution to rely on the evidence
Explanation: Under Rule 3.5, if the prosecution fails to disclose evidence on time, the court can refuse to admit it, preventing the prosecution from using it at trial. This ensures fairness and prevents ambushing the defence.
A defendant does not attend their trial. What can the court do under CrimPR?
a) Automatically convict them
b) Adjourn the case indefinitely
c) Proceed with the trial in their absence if they had been warned
d) Require the police to bring them to court before proceeding
c) Proceed with the trial in their absence if they had been warned
Explanation: Rule 3.8 allows the court to continue a trial in the defendant’s absence if they have been warned that this could happen. This prevents unnecessary delays and misuse of court time.
The defence wants to challenge the admissibility of a prosecution witness’s statement. What must they do under the CrimPR?
a) Submit an application before trial within a specified timeframe
b) Wait until trial and object when the witness testifies
c) Contact the witness directly to ask them not to testify
d) The prosecution must withdraw the statement automatically
a) Submit an application before trial within a specified timeframe
Explanation: CrimPR requires early identification of issues (Rule 3.2(2)(a)) and sets deadlines for challenging evidence. Defence lawyers must apply before trial to exclude evidence.
A trial judge wants to manage a case efficiently. Which of the following would NOT be allowed under Rule 3?
a) Setting time limits for legal arguments
b) Encouraging prosecution and defence cooperation
c) Preventing defence lawyers from questioning key prosecution witnesses
d) Directing parties to disclose evidence earlier
c) Preventing defence lawyers from questioning key prosecution witnesses
Explanation: CrimPR allows active case management, but both sides must have a fair opportunity to present their case. Restricting cross-examination would breach Article 6 ECHR (right to a fair trial).
A case is delayed because the prosecution has not provided full disclosure. What can the court do?
a) Dismiss the case entirely
b) Order an immediate trial without the missing evidence
c) Postpone the trial, order compliance, or impose sanctions
d) Let the prosecution delay the case indefinitely
c) Postpone the trial, order compliance, or impose sanctions
Explanation: Courts have case management powers to ensure efficiency. If prosecution delays disclosure, the court can:
Postpone the trial
Order disclosure compliance
Impose sanctions for non-compliance (Rule 3.5).
If a defence lawyer misses a deadline to submit a bad character application, what can the court do?
a) Allow the application if the defence had a valid reason
b) Automatically reject the application
c) Allow the application but warn the defence lawyer
d) Strike out the entire defence case
a) Allow the application if the defence had a valid reason
Explanation: Courts have discretion under Rule 3.5. If the delay was due to a valid reason, the judge may accept the application. However, courts discourage late submissions unless justified.
A prosecution witness refuses to attend trial. What should the prosecution do?
a) Proceed without their evidence
b) Request a summons for the witness to attend
c) Ask the defence to agree to the evidence being read
d) Both b and c
d) Both b and c
Explanation: The prosecution can request a summons under the CrimPR to compel the witness to attend. If attendance is impossible, they can ask the defence to agree to the witness statement being read instead.
