The Adversarial System & Understanding Court Processes

Question 1

Full-code test

Answer 1

Do you have enough evidence?
Is it in the public interest?

Question 2

Threshold test

Answer 2

Will there be enough evidence?
Is it in the public interest? (Is the offence/person a serious risk)
Allows you to remand the person (temporarily) while you find the evidence.

Question 3

What can’t we charge? (must go to CPS)

Answer 3

Hate crime
DA
Harassment
(Maybe more?)

Question 4

Relevant vs not relevant material

Answer 4

Keep hold of non-relevant
But only disclose relevant to CPS as non relevant cannot impact the case.

Question 5

What is the disclosure test?

Answer 5

Can it undermine the prosecution or assist the defence?

Question 6

MG6B

Answer 6

Officer misconduct

Question 7

MG6D

Answer 7

Sensitive material
CHIS, Medical records etc.
Does not go to the Defence

Question 8

MG6E

Answer 8

Disclosable material that may undermine the prosecution or assist the defence.
Must already be on MG6C or MG6D. Does not go to the defence.

Question 9

MG6C

Answer 9

Non-sensitive material
Goes to the defence.

Question 10

Which officers can be called to court?

Answer 10

Investigating officers
Disclosure Officers
Witnesses to the offence (arresting offence for example. )

Question 11

What is a call to court called?

Answer 11

A court warning

Question 12

Principle Officer

Answer 12

Responsible for
-Ensuring exhibits are available to the court
-Organising transport of exhibits to court
-Logistics to ensure everything necessary is in place.

Question 13

Integrity Exhibits

Answer 13

-There must be uninterrupted continuity between everyone handling the exhibit.
MUST ALWAYS KNOW WHERE THE EXHIBIT WAS AT ANY ONE TIME.

Question 14

Preparing for court

Answer 14

Re-read witness statement, PNB, Body-worn video.