Trial Flashcards

1
Q

In which two of the following situations would PPS send back the physical file back to the OC Case?

A. When there has been a request for disclosure.

B. Before a JAT to prepare the file for trial

C. After the PPS file analysis if the file does not meet the evidential test and fundamental remedial action is required before the case management discussions

D. Immediately following a not guilty plea

A

B. Before a JAT to prepare the file for trial

C. After the PPS file analysis if the file does not meet the evidential test and fundamental remedial action is required before the case management discussions

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2
Q

If the defendant fails to appear for the trial of a category 1 offence the court can continue the trial in the defendants absence.

True or False.

A

True if the trial proceeds the lawyer for the defendant may continue to represent them.

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3
Q

At a JAT is it required that either the prosecutor or the defendant make a full opening statement?

A

No neither parties are requires unless requested by the judge.

However the prosecution may outline the charges the defendant faces and the defence may provide a short outline of the issue or issues at trial.

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4
Q

How many days prior to the trial cal lover must the Crown file formal statements?

A

25 days

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5
Q

Under the CPA a statement can be recorded in any medium as long as it includes a declaration from the person with what two things?

A

The statement is true and they are aware the statement will be used in court proceedings.

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6
Q

Who is responsible for prosecuting all jury trials?

A

The Crown.

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7
Q

How can you the OC assist the prosecutor to identify whether a pre-trial hearing may be needed?

Name two.

A
  1. Comply with disclosure requirements.

2. Provide quality prosecution files.

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8
Q

Who is responsible for filing formal statements?

A. The Crown Prosecutor

B. The Criminal Justice Support Unit

C. The OC Case

D. The Police Prosecutor

A

A. The Crown Prosecutor

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