Criminal Procedures Act 2011

Question 1

Old Terminology:

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

Answer 1

New Terminology

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

Question 2

5 Stages of Criminal proceedings

Answer 2

Commencement

Administration

Review

Trial

Disposition

Question 3

Describe Commencement

Answer 3

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

Question 4

Describe Administration

Answer 4

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

Question 5

Describe Review

Answer 5

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

Question 6

Describe Trial

Answer 6

Now includes JAT as well as jury trial

Question 7

Describe Disposition

Answer 7

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

Question 8

Category 1 offences

Answer 8

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

Question 9

Category 2 offences

Answer 9

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

Question 10

Category 3 offence

Answer 10

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

Question 11

Category 4 offence

Answer 11

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

Question 12

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

Answer 12

1. Evidential Test

2. Public Interest test

Question 13

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

Yes / No

Answer 13

Yes.

BUT , not by electronic means like fax or email

Question 14

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

Answer 14

• A charging document has been filed AND

- You have not been able to serve the summons

Question 15

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

Answer 15

7

Question 16

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

Answer 16

14

Question 17

What must an initial disclosure pack include?

Answer 17

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

Question 18

which test is described in this statement:

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

Answer 18

The evidential test

Question 19

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

TRUE or FALSE

Answer 19

FALSE

Question 20

Where must proposed court bail conditions be recorded?

Answer 20

In the NIA charge module

Question 21

Can 2 or more charges be heard together?

Yes/ No

Answer 21

Yes

Question 22

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

Yes/ No

Answer 22

Yes

Question 23

True or false:

There is automatic name suppression for child complainants and child witnesses

Answer 23

True

Question 24

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

Answer 24

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

Question 25

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

Answer 25

Jury Trials

Question 26

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

Answer 26

Cat 4

Question 27

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

Answer 27

1. 10 | 2. 15

Question 28

The prosecutor analyses the prosecution file within ____ days of a NG plea being entered a) 4 b) 2 c) 3 d) 14 e) 10

Answer 28

c) 3 days

Question 29

Full disclosure must include:

Answer 29

Initial disclosure PLUS all other available, relevant info

Question 30

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

Answer 30

c) 5 working days

Question 31

True or False? Case Review Hearings are always scheduled following a NG plea

Answer 31

True

Question 32

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

Answer 32

b) 25

Question 33

Under CPA, a statement can be recorded in any medium as long as a declaration is taken from the person making it that: 1. 2. What are the two conditions?

Answer 33

1. The statement is true AND | 2. The witness knows it will be used in court proceedings

Question 34

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

Answer 34

5

Question 35

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

Answer 35

20

Question 36

Once a trial and sentencing is complete , you need to do two things. What are they?

Answer 36

1. Update the victim of the outcome of the trial | 2. discuss any feedback from the prosecutor with your supervisor

Question 37

True or False The CPA 2011 works the same in youth court

Answer 37

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