Criminal Procedure Act

Question 1

List four important things required under the CPA?

Answer 1

1. Make good charging decisions
2. Complete quality prosecution files
3. Complete early disclosure
4. Provide information required by prosecutors as soon as possible

Question 2

What are the 5 stages of criminal proceedings in court?

Answer 2

Commencement, Administration, Review, Trial, Disposition

Question 3

Who conducts Jury trials for category 3 offences?

Answer 3

The Court

Question 4

When should a charge be filed after service of summons?

Answer 4

As soon as practicable

Question 5

How do child complainants/witnesses seek name suppression?

Answer 5

They don’t - It is automatic

Question 6

When should a DVD interview be disclosed?

Answer 6

When defence counsel has been assigned and sent with full disclosure

Question 7

What are the 9 stages involved between arrest and trial?

Answer 7

Arrest, initial disclosure, first appearance, full disclosure, second appearance, file analysis, case management discussion, case review hearing, judge alone trial

Question 8

What does the Case Management Memorandum record?

Answer 8

• Any pre-trial hearings or applications
• Whether a hearing is required for judicial intervention
• Any application to be made to transfer courts
• Any intention the prosecutor has to amend charges, and
• Whether disclosure has been complied with

Question 9

What is a sentence indication?

Answer 9

A statement given by the court indicating to the Defendant what the court would be likely to impose as a sentence if a guilty plea is entered

Question 10

What do the courts need to give a sentence indication?

Answer 10

• An agreed summary of facts
• The previous conviction history of the Defendant
• A copy of the Victim Impact Statement

Question 11

If the prosecutor requests additional information prior to a case management discussion or a set trial date, when must you ensure the file is returned by?

Answer 11

At least 5 working days prior