Week 6: Court Process

Question 1

3 Step process for CANs:

Answer 1

1. Commencement
2. Filing
3. Service

Question 2

Section 175 Criminal Procedures Act: Form of Court Attendance notice: DINTS

Answer 2

Describe the offence
Identify the particulars of the offence
Name of the police prosecutor
Time/Date/Place the accused is to attend court
State that failure to appear at court may result in arrest or matter being dealt with in their absence.

Question 3

Section 172 Criminal Procedures Act: Commencement of Proceedings

Answer 3

1. Proceedings commence in a court by issue and filing of a CAN
2. Can be issued if the person has committed or is suspected of having committed an offence
3. CAN can be issued in respect of any offence in the state including an offence elsewhere than in NSW

Question 4

Define: Filing a CAN

Answer 4

register the existence of a CAN for the courts registry

Question 5

Time limit for the commencement of summary proceedings

Answer 5

No later than 6 months

Question 6

Local Court Rules Rule 6B:

Answer 6

Service of originating document on inmate of correctional centre:

• faxing a copy of the document, addressed to the inmate
• transmitting an electronic copy of the document addressed to the inmate

Question 7

Define: Originating Document

Answer 7

An application notice or a court attendance notice (CAN)

Question 8

Local Court Rules Rule 6A:

Answer 8

You may serve an originating document on a legal practitioner representing a person

Question 9

Service of CANs for Summary proceedings: PPFE

Answer 9

Can be served:

• Personally
• Post
• Fax
• Email: (IF CONSENTED)
• if by post, fax or email it must be at least 21 days before the first listing of the offence.

Question 10

Serving CAN’s for Indictable Matters:

Answer 10

Must be served personally or on a legal practitioner

Question 11

Section 222 - CPA 1986-

Answer 11

Issue of a subpoena:

a) to give evidence
b) a subpoena for production
c) a subpoena for evidence and for production.

Question 12

Time of service for Subpoenas:

Answer 12

Must be served within a reasonable time and at least 5 days before the last day on which it must be complied with.

Question 13

What happens if you do not comply with a subpoena?

Answer 13

If the person named does not show up to court, the party who requested the person may ask the court to issue a warrant for their arrest.

Question 14

Service methods of Subpoenas: FLIPPE

Answer 14

Fax to business or residential
Legal practitioner
Inmate of correctional facility- leave with general manager
Personal Service
Post to the persons business or residence
Electronic communication (email)

Question 15

Subpoena serice by post:

Answer 15

It is affected on the fourth working day after the letter was posted.