Generalist

Question 1

Terminology
Accused
Defended hearing
Informant
Information / indictment
Lay charges
Summary / indictable

Answer 1

Defendant
Judge alone trial
Prosecutor
Charging document
File charges
Categories of offences

Question 2

Category 1 offence

Answer 2

Not punishable by imprisonment
Can plea guilty by registrar
Not guilty - judge alone trial
Matter can proceed in defendants absence

Question 3

Category 2 offence

Answer 3

Less than 2 years imprisonment
Case management provisions apply
Any trial is judge alone

Question 4

Category 3 offence

Answer 4

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

Question 5

Category 4 offences

Answer 5

The crown is the prosecutor

Trial is always a jury trial in the high court

Question 6

Evidential test

Answer 6

Is there sufficient admissible evidence to provided a reasonable prospect of conviction

Question 7

Public interest test

Answer 7

Prosecutions are brought for the benefit of the public not individual

Question 8

Who can issue a summons

Answer 8

A police employee. Can be issued whether or not the person has been arrested for an offence

Question 9

When can I issue a summons

Answer 9

When a person has not been arrested under a war rat nor bailed by police

Question 10

How do I serve a summons

Answer 10

Personally
Being left with a family member
Category 1 offences can be served by post but not electronic

Question 11

Police bail

Answer 11

If bail conditions imposed must appear no more than7 days

If no bail conditions then no more than 14 days

Question 12

Who conducts jury trials

Answer 12

The crown

Question 13

What should be considered first, the evidential test or the public interest test

Answer 13

Evidential test

Question 14

Name suppression

Answer 14

Is at first appearance .
Automatic for child complainants and witnesses
Offence to publish

Question 15

When must crown take over

Answer 15

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

Question 16

What is time frame for second appearance

Answer 16

10 working days for cat 1 and 2

15 working days for cat 3 &4

Question 17

Process for criminal proceedings stages

Answer 17

Commencement 
Administration
Review
Trial
Disposition

Question 18

Common conclusions of criminal proceedings

Answer 18

Conviction and sentencing
Completing diversion
Withdrawing the charge
Dismissal
Acquittal
Mental impairment ruling
Discharge with or without conviction

Question 19

What does defendant have to agree to to ask for sentencing submission

Answer 19

An agreed sof
Previous qha
Reparation 
Details of co-offenders
Up to date vis

Question 20

The use of force is autorised in law when it is used for these specific purposes

Answer 20

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

Question 21

Non attendance by defendant

Answer 21

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

Question 22

If no disclosure given does defendant have to plea

Answer 22

No, defendants can only be required to plea if disclosure requirements have been complied with

Question 23

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

Answer 23

All of them

Question 24

When must a file be returned to prosecutor before cmm

Answer 24

No later than 5 working days

Question 25

Time frame for prosecutor to review file after not guilty plea entered

Answer 25

3 days

Question 26

What happens at CMM

Answer 26

Any pretrial hearings or applications
Whether the hearing is required for judicial intervention
Application to be mDe to transfer courts
Amend any charges 
Disclosure been complied with

Question 27

When are case reive hearings

Answer 27

Always scheduled following a not guilty plea

Question 28

When must you return a file to the prosecutor before trial

Answer 28

At least 5 working days days

Question 29

When must the crown file formal statements by

Answer 29

At least 25 days before trial call over

Question 30

Can the prosecutor or defendant make an opening statement at trial

Answer 30

No, however prosecutor may outline the charges and defence may provide a short outline of the issues
Can seek leave to give an opening statement

Question 31

When must a notice of appeal be filed by

Answer 31

Generally within 20 working days

Question 32

Non compliance with requirements rules and regulations under CPA or disclosure may result in what

Answer 32

Costs being ordered against the party for non compliance

Question 33

Definition of an appreciation

Answer 33

Is a proven problem solving technique. Is an ongoing process.

Question 34

Benefits of appreciation technique

Answer 34

Informs all police what they are expected to achieve
Increases chances of success
Establish sequence of events 
Manages risk
Reduces uncertainty
Eliminates duplication
Ensures nothing overlooked
Effective use of resources