CCP - CHAPTERS 8,9,10 _BP Flashcards
8. Methods of securing the attendance of the accused in court 9. Securing the release of the accused and instructions required 10. Methods of disposing of a case (20 cards)
Which method is NOT used to secure the attendance of an accused in court?
A) Arrest
B) Subpoena
C) Written Notice
D) Conditional Warning
D
What is the primary goal of a bail application?
A) To dismiss charges
B) To secure the temporary release of the accused
C) To negotiate a guilty plea
D) To finalize a trial date
B
Which section of the Criminal Procedure Act deals with the amendment of bail conditions due to prison overcrowding?
A) Section 63A
B) Section 49G
C) Section 35
D) Section 50
A
What is an “admission of guilt fine”?
A) A bribe to avoid trial
B) A fine paid to secure release before trial
C) A fine indicating the accused accepts guilt without a court appearance
D) A payment for better prison conditions
C
Which party can apply for a discharge after the State’s case is closed?
A) The Prosecutor
B) The Defence Attorney
C) The Judge
D) The Clerk of the Court
B
List and explain three methods of securing the attendance of the accused in court.
Arrest: Physically apprehending the accused.
Summons: A legal document requiring the accused to appear in court.
Written Notice: A notice served to appear for minor offences.
What are the key considerations for a court when deciding to grant bail?
Answer:
The accused’s likelihood to appear at trial.
Public safety concerns.
Risk of interference with witnesses.
Explain the purpose of making representations to the senior prosecutor.
To negotiate potential alternatives to trial, such as withdrawal of charges or acceptance of a plea agreement.
True/False:
The accused can be released on bail only if they plead not guilty.
False
True/False: A written notice to appear is only applicable to serious offences.
False
True/False: The court may dispose of a case through indemnity agreements.
True
True/False: An accused who fails to appear after a summons has been issued may face additional charges.
True
True/False: Bail conditions can never be amended once set.
False.
What is the primary purpose of issuing a summons?
A) To compel a witness to testify
B) To inform the accused of the charges and the requirement to appear in court
C) To impose penalties on the accused
D) To detain the accused until trial
B
Which of the following is a method of disposing of a case without a formal trial?
A) A trial within a trial
B) Admission of guilt fine
C) Cross-examination
D) Direct appeal
B
What must the defence prove when applying for the release of an accused on bail?
A) That the accused is innocent
B) That the accused will plead guilty
C) That it is in the interests of justice to release the accused
D) That the accused has completed community service
C
Explain the circumstances under which an accused person may be released on warning.
An accused may be released on warning for minor offences or when they are deemed not to be a flight risk, ensuring their attendance in court without requiring bail.
What steps should a legal practitioner take if the accused fails to comply with bail conditions?
The practitioner should advise the accused on the potential legal consequences, liaise with the court to address the issue, and apply for a bail condition amendment if necessary.
True/False: A warrant of arrest is always required before an accused can be detained.
False. (In some cases, arrest can be made without a warrant, such as in the presence of a crime.)
True/False: If a case is disposed of by indemnity, the accused is no longer liable for prosecution in that matter.
True
