Criminal Procedures Act Flashcards
Are Pre-trial admissibility hearings available before both JAT and Jury Trials?
Yes
If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?
Five working days before the case management discussion
Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction.
The Evidential test.
A.E.P
Can a person charged with MAF (s.194(b) CA1961), a cat 3 offense, elect a jury trial?
Yes
What must happen before a judge can require a plea to be entered?
Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
(CPA1961 s.39 rule 4.1)
Roger has been charged with Agg. Burg, a Cat3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?
At the same time he enters his not guilty plea (otherwise it proceeds to a JAT)
Who is responsible for filing formal statements?
The Prosecutor
CPA2011 - s.82(4)
S.103 of the evidence act 2006 recognizes the rights of a special consideration witness by
Providing opportunity for their evidence in chief to be given to the court in an alternate way
Johnny smith is served with a summons to appear in court in 2 months time. The charging document has not yet been filed. When must the charging document be filed?
As soon as reasonably practicable after the service of the summons
In applying the evidential test you must determine if there is reasonable prospect of conviction through examining the
Sufficiency of the admissible evidence
What are the aims of the case management discussions?
To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
The judge must exclude a defendants statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
Balance of probabilities
