Trial Flashcards
What is the proper venue for a trial?
The DPP must file an indictment in the Supreme Court or the County Court (depending on their jurisdiction, e.g., murder = supreme) (s 160). The Supreme or County Court must conduct the trial at the court sitting nearest to the place where the offence was alleged to have been committed (s 169).
In what circumstances can the place of trial change?
The Court may order a change of place of trial if it considers that a ‘fair trial cannot otherwise be had’ or ‘for any other reason it is appropriate to do so’ (s 192) e.g. ensure a fair trial, ability to select impartial jury, cost etc.
Filing of an indictment
The filing of an indictment other than a direct indictment does not commence a new criminal proceeding against the accused (s 162).
When should an indictment be filed?
According to s 159, the DPP or a Crown Prosecutor may file an indictment at any time.
What form should the indictment follow?
The indictment must:
* Be in writing;
* Signed by the DPP or Crown P in the name of the DPP; and
* Comply with Schedule 1
What are the requirements of sch 1 CPA?
Schedule 1 – Criminal Procedure Act
The list of witnesses proposed to be called must be endorsed on the indictment (cl 3, Sch 1).
A single indictment can list multiple charges (cl 5, Sch 1) where the charges are “founded on the same facts or form, or are part of, a series of offences of the same or similar character.” (In such cases, there is a presumption that the charges will be tried together unless it would be prejudicial or unfair – s 193(1) and (3).)
More than one accused can be named in one indictment (cl 6, Sch 1).
However, the Court can order that the accused be tried separately (s 193(2)) if it would be prejudicial or unfair for them to be heard together (s 193(2)).
Errors on indictment
An error on the indictment does not invalidate it (s 166) and it can be amended by Court order (s 165) or a fresh indictment can be filed (s 164) where amendment is not practicable
What are the time limits for filing indictments?
- Offence (not sexual) must be filed within 6 months after the date of committal or within the extended period permitted under s 247
- Sexual offence where the complainant was a child/person with a cognitive impairment within 14 days after the date of committal or within the extended period permitted under s 247
Sexual offence where the complainant was adult/not impaired at least 28 days before the trial commences or within the extended/abridged period permitted under s 247
What is the timeline for filing the summary of pros opening and notice of pre-trial admission?
At least 28 days before trial
What is the timeline for filing the defence response to pros opening and defence response to notice of pre-trial admission?
At least 14 days before trial
What is the timeline for service of expert witnesses (by accused)?
At least 14 days before trial
What is the timeline for commencement of trials for non sex offences?
Within 12 months of committal hearing
or within 12 months of direct indictment or
within 6 months of COA ordering a retrial
What is the timeline for commencement of trials for sex offences?
Within 3 months of committal hearing
or within 3 months of direct indictment or
within 3 months of COA ordering a retrial
What is arraignment?
Arraignment is the formal process where A admits his/her identity, the charge is read in full and the A pleads to each charge on the indictment (s 215). It is only after arraignment that it is known whether there will be a trial, as there is no need for a trial if the accused pleads guilty (R v Vickers (1975)). this is a plea for an indictable matter.
When does a trial commence?
S 210 provides that a trial commences when A pleads not guilty on arraignment in the presence of the jury panel in accordance with s 217.
