Criminal procedure summary Flashcards
What does the term ‘no billed’ mean?
A ‘no bill’ is a formal notification by the Crown it does not intend to proceed with specific charges because;
- Evidence is NOT sufficient to establish each element of the offence (no prima facie case)
- There is NO reasonable prospect of conviction by a reasonable jury properly instructed as to the law.
- It would NOT be in the public interest to continue the proceedings.
What does the term ‘ex-officio’ indictment’ mean?
Where the DPP charge indictable offences for which there has been no committal, or initiates proceedings in the District court that have been discharged at Committal.
What does the term ‘double jeopardy’ mean?
As a general principle of law; nobody can be punished again for the same matter, it can be argued at all stages of the criminal judicial process including prosecution, conviction and punishment.
Section 156 of the Criminal Procedure Act relates
What does the term ‘Tribunal of fact’ refer to?
Refers to The Jury.
What does the term ‘Tribunal of Law’ refer to?
Refers to The Judiciary.
What does the term ‘indemnity’ refer to?
Refers to an agreement NOT to prosecute. Granted by the Attorney General.
What does the term ‘undertaking’ mean?
It is a promise by the Crown not to use an answer, statement or disclosure as evidence in a proceeding against an individual. Granted by the Attorney General.
What does the term ‘Abuse of Process’ mean?
It means the court’s procedures have been invoked for an improper purpose, or have been unjustifiably oppressive to one if the parties, or have brought the administration of Justice into disrepute.
What does the term ‘Voir Dire’ mean?
It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror.
What does the term ‘committal proceeding’ mean?
It is an enquiry at the local court to establish whether the prosecution has a reasonable prospect of conviction on available evidence before an indictable matter is referred to the district or supreme court for trial.
The magistrate must be satisfied there is a reasonable prospect that a reasonable jury properly instructed would convict the accused person of an indictable offence
What must the police ‘Disclose’ to the DPP?
Police have a duty to disclose to the DPP all relevant information, documents or other things obtained during an investigation that might reasonably be expected to assist the case for the prosecution or the defence.
If you believe material is sensitive and should not be disclosed, what should you do?
Consult legal services and consider Public Interest Immunity.
Do not disclose it until you receive advice, because the DPP will be required to disclose it to the defence.
What are the three ODPP guidelines for withdrawing matters ?
- Is there admissible evidence supporting each element/proof of the offence (ie is there prima facie)
- Is there a reasonable prospect of conviction by a reasonable jury.
- Whether or not discretionary factors nevertheless dictate that the matter should not proceed in the public interest.
What are the 5 recommended points for dealing with lawyers?
- Always document any conversation with a lawyer.
- Do not approach an accused direct after they become legally represented (unless exceptional reason - otherwise communicate it with the lawyer)
- Respond to representations in a timely fashion.
- Advise the defence if there are significant issues that will effect conduct of the prosecution (ie witness will not give evidence)
- Make sure ant brief items you serve can be accessed/reviewed by the defence.
