Prosecution Procedure

Question 1

Time Limits of filing charging documents

Answer 1

S28 MODA 75

(a) Dealing (s6), cultivating (s9) or aiding offences against corresponding law in another country (s10) = No Time Limit
(b) Any other offence against the act - Four Years After the date on which it was Committed

Question 2

Bail on MODA charges

Answer 2

S16 Bail Act 2000

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise

S17A Bail Act 2000

(1) This section applies to a defendant of or over the age of 17 years who is charged with a serious Class A drug offence.
(2) No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

Question 3

Delivery of Drug Exhibits (To ESR)

Answer 3

S31(2) MODA 75

• In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
• By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory

Question 4

Admissibility of Certificate (ESR)

Answer 4

Admissible only if:

• The defendant is served at seven clear days of the hearing, and provided with a copy of the analysts certificate
• The defendant does not, at least three days before the hearing, give written notice that the analyst be called
• The court does not request oral evidence of the analyst

Question 5

Bail Application Process MODA

Answer 5

• Application for bail must be made before District or High Court Judge by defendant’s lawyer
• OC to have forwarded instructions on bail
• Full and detailed reasons for bail to be opposed
• Judge will remand defendant for CRH or whatever is considered appropriate

Question 6

Instruments of Crime (Sentencing Act)

Answer 6

S142B Sentencing Act 2002

Court to be notified of any instruments of crime so forfeiture can be considered. Eg:
* House used to manufacture Methamphetamine
* Motor vehicle used to deliver drugs

Question 7

Categories and Election

Answer 7

S6 offences - Cat 3 - can elect jury trial

S7 offences - Cat 2 - cannot elect jury trial