Generalist Flashcards
Terminology Accused Defended hearing Informant Information / indictment Lay charges Summary / indictable
Defendant Judge alone trial Prosecutor Charging document File charges Categories of offences
Category 1 offence
Not punishable by imprisonment
Can plea guilty by registrar
Not guilty - judge alone trial
Matter can proceed in defendants absence
Category 2 offence
Less than 2 years imprisonment
Case management provisions apply
Any trial is judge alone
Category 3 offence
Are punishable by at least 2 years imprisonment and not category 4 offences
Case management provisions apply
Defendant has right to elect trial by jury
Trial may be in district or high court
Category 4 offences
The crown is the prosecutor
Trial is always a jury trial in the high court
Evidential test
Is there sufficient admissible evidence to provided a reasonable prospect of conviction
Public interest test
Prosecutions are brought for the benefit of the public not individual
Who can issue a summons
A police employee. Can be issued whether or not the person has been arrested for an offence
When can I issue a summons
When a person has not been arrested under a war rat nor bailed by police
How do I serve a summons
Personally
Being left with a family member
Category 1 offences can be served by post but not electronic
Police bail
If bail conditions imposed must appear no more than7 days
If no bail conditions then no more than 14 days
Who conducts jury trials
The crown
What should be considered first, the evidential test or the public interest test
Evidential test
Name suppression
Is at first appearance .
Automatic for child complainants and witnesses
Offence to publish
When must crown take over
All category 4 offences
All category 3 crown prosecution regulations offences
When jury selected
When transferred to high court
Bob cases where crown already responsible for the charge that led to bail
What is time frame for second appearance
10 working days for cat 1 and 2
15 working days for cat 3 &4
Process for criminal proceedings stages
Commencement Administration Review Trial Disposition
Common conclusions of criminal proceedings
Conviction and sentencing Completing diversion Withdrawing the charge Dismissal Acquittal Mental impairment ruling Discharge with or without conviction
What does defendant have to agree to to ask for sentencing submission
An agreed sof Previous qha Reparation Details of co-offenders Up to date vis
The use of force is autorised in law when it is used for these specific purposes
The execution of legal process, lawful arrest, preventing escape or suicide and suppressing riots.
Self defence and the defence of others
The defence of others
Parental control
Discipline on ships and aircraft
Surgical operations
Identifying particulars of person in custody
Non attendance by defendant
Cat1 can proceed without defendant
Cat2,3,4 no plea entered, defendant is required prosecutor is present
May issue WTA to bring before the court
If no disclosure given does defendant have to plea
No, defendants can only be required to plea if disclosure requirements have been complied with
Which of the following statements represent the legislative aa and best practice requirements for disclosure
Initial disclosure should be delivered before or at first appearance
As soon as assigned council have provided address police the oc must ensure council is provided with all available disclosure material
The statutory trigger for full disclosure is the entry of a not guilty plea
Best practice is to disclose all available and relevant info to the defendant or lawyer ASAP
All of them
When must a file be returned to prosecutor before cmm
No later than 5 working days
