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CIK (2018) > Criminal Procedures Act 2011 > Flashcards

Criminal Procedures Act 2011 Flashcards

1
Q

Old Terminology:

  1. Accused
  2. Defended hearing
  3. Informant
  4. Information / indictment
  5. Lay charges
  6. Summary / indictable
A

New Terminology

  1. Defendant
  2. Judge Alone Trial
  3. Prosecutor
  4. Charging document
  5. File Charges
  6. Categories of offences
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2
Q

5 Stages of Criminal proceedings

A

Commencement

Administration

Review

Trial

Disposition

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3
Q

Describe Commencement

A

Proceedings commence before the first appearance when either a charging document is filed or a defendant requests a hearing for an infringement notice.

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4
Q

Describe Administration

A

This stage involves the defendant making their first appearances in court, receiving disclosure, seeking legal advice, entering a plea

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5
Q

Describe Review

A

This stage will include the prosecutor and defence lawyer having an out of court case management discussion. This will usually be followed by a Case Review hearing, presided over by a Judge

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6
Q

Describe Trial

A

Now includes JAT as well as jury trial

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7
Q

Describe Disposition

A

Completion of prosecution and occurs in all cases, even if a trial has not occurred.

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8
Q

Category 1 offences

A

FINE ONLY

Cat 1 offences are NOT punishable by imprisonment.

In cat 1 matters:

  • The defendant can plead guilty by notice to the registrar
  • If the defendant pleads NG there will be a JAT in the district court
  • If the defendant does not appear when required, matter can proceed in the defendants absence
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9
Q

Category 2 offences

A

LESS THAN TWO YEARS IMPRISONMENT

Cat 2 offences have a max penalty of 2 years or a community based sentence.

In cat 2 matters:

  • Case management provisions apply
  • Any trial us a Judge Alone trial in the District Court
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10
Q

Category 3 offence

A

ALL OFFENCES NOT IN CAT 1,2, or 4

Cat 3 are punishable by at least 2 years imprisonment, and are not cat 4 offences.

In cat 3 matters:

  • Case management provisions apply
  • The defendant has the right to elect trial by jury
  • The trial (JAT or Jury) may be in the District Court or High Court
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11
Q

Category 4 offence

A

THE MOST SERIOUS OFFENCES

Cat 4 are the most serious; murder and manslaughter for example

In Cat 4:

  • Case management provisions apply
  • The Crown is always the prosecutor
  • The trial is always a jury trial in the High Court
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12
Q

What are the two tests contained in the Solicitor General’s Prosecution Guidelines?

A
  1. Evidential Test

2. Public Interest test

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13
Q

Can a summons for a Cat 1 offence be served by post?

Yes / No

A

Yes.

BUT , not by electronic means like fax or email

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14
Q

A WTA in lieu of summons can only be issued if:

A
  • A charging document has been filed AND

- You have not been able to serve the summons

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15
Q

BAIL.

If police bail conditions ARE imposed.

The date of the hearing must be no more that ____ consecutive days from when the date bail was granted

A

7

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16
Q

BAIL.

If police bail conditions are NOT imposed.

The date of the hearing must be no more that ____ days from when the date bail was granted

A

14

17
Q

What must an initial disclosure pack include?

A
  • A copy of the charging document AND
  • A summary of facts AND
  • A QHA printout AND
  • a POL 2127 Initial Disclosure Record
18
Q

which test is described in this statement:

It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction

A

The evidential test

19
Q

The PPS will now conduct Jury trials for Cat 3 offences.

TRUE or FALSE

A

FALSE

20
Q

Where must proposed court bail conditions be recorded?

A

In the NIA charge module

21
Q

Can 2 or more charges be heard together?

Yes/ No

A

Yes

22
Q

Can the charges against one defendant be heard together with the charges against another defendant?

Yes/ No

A

Yes

23
Q

True or false:

There is automatic name suppression for child complainants and child witnesses

A

True

24
Q

In what circumstance will the Crown take over prosecution for a Breach of Bail?

A

In cases where the Crown are already responsible for the charge that led to bail

25
Q

Pick the word the best completes this sentence:

The Crown will assume responsibility for all ________ for offences featuring on the Crown Prosecution Regulations Schedule, following the entry of a plea

Cat 3

all

JATs

Jury Trials

Cat 4

child

A

Jury Trials

26
Q

Pick the word the best completes this sentence:

The Crown will assume responsibility for all ______ offences after first appearance

Cat 3

all

JATs

Jury Trials

Cat 4

child

A

Cat 4

27
Q

Time frames

If there is a second appearance it will usually be within:

  1. _____ working days after first appearance for Cat 1 or Cat 2 offence
  2. _________ working days for Cat 3 or 4 offence
A
  1. 10

2. 15

28
Q

The prosecutor analyses the prosecution file within ____ days of a NG plea being entered

a) 4
b) 2
c) 3
d) 14
e) 10

A

c) 3 days

29
Q

Full disclosure must include:

A

Initial disclosure PLUS all other available, relevant info

30
Q

If the prosecutor asks you for relevant info, you must ensure it is available to PPS no later that _____ working days before the case management discussion

a) 3
b) 7
c) 5
d) 14
e) 2

A

c) 5 working days

31
Q

True or False?

Case Review Hearings are always scheduled following a NG plea

A

True

32
Q

Formal Statements:

The Crown must file formal statements at the Case Review Hearing, but at least ______days before the trial call over

a) 14
b) 25
c) 21
d) 7
e) 5

A

b) 25

33
Q

Under CPA, a statement can be recorded in any medium as long as a declaration is taken from the person making it that:

What are the two conditions?

A
  1. The statement is true AND

2. The witness knows it will be used in court proceedings

34
Q

The file must be returned to the prosecutor at least _____ working days before the trial

A

5

35
Q

A notice of appeal must generally be filed within ____ working days

A

20

36
Q

Once a trial and sentencing is complete , you need to do two things.

What are they?

A
  1. Update the victim of the outcome of the trial

2. discuss any feedback from the prosecutor with your supervisor

37
Q

True or False

The CPA 2011 works the same in youth court

A

False.

CPA will work differently in Youth Court cases so different processes will apply.

CIK (2018) (7 decks)

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