Criminal Procedures Act Flashcards
Term Changes
Accused to Defendant Defended hearing to JAT Informant to Prosecutor Info to Charging Doc Lay charges to File Charges Summary to Categories of offences
5 stages of proceedings
Commencement
Administration - 1st app, plea, disclosure
Review - prosecutors and defence meet then CRH
Trial
Disposition
Offence categories
1- fine only, no prison
2- less than 2yrs
3- at least 2yrs and can elect jury
4- serious- always jury and crown
Charging Decisions
- Analyse and evaluate
- Assess suitability of alternative resolutions
- If enough evidence and alternative not suitable then solicitor general prosecutor guidelines
Reasonable prospect of conviction and in public interest
Police Bail lengths
To court within 7days in conditions
14days if no conditions
Initial Disclosure
Copy of charging doc
SOF
QHA prints
POL 2127- initial disclosure record
Full Disclosure
Upon counsel: Witness statement Briefs of evidence Exhibit list POL 2124 - Disclosure index
Suppression Orders
Automatic for child witnesses and complainants
Offence to publish details of suppression order
Crown
Will assume responsibility for all jury trials for offences featuring on the Crown Prosecution Regulations Schedule following entry of plea
Must elect at time of entering plea
CMM
Case Management Memorandum
Encourages cooperation and open dialogues so only those unresolved go to trial
Review of NG plea
3days after
Crown formal statements
Files at least 25says before trial call over