CPA Flashcards
(25 cards)
Define category 1,2,3 & 4 and the penalties?
Cat 1 - fine only
Cat 2 - under 2 years imprisonment
Cat 3 - everything else, punishable by 2 years or more
Cat 4 - murder/ manslaughter
The evidential test is met when?
There is sufficient admissible evidence to provide a reasonable prospect of conviction.
Under CPA can issuing a summons be seperate to filing a charge?
True
What to include is prosecution file?
- Sum of facts
- Notice of bail or summons
- Court bail conditions (if any)
- initial disclosure
- full disclosure
Johnny Smith is served with a summons to appear in court in 2 months time.
When must the charge document be filed?
ASAP after service of summons
What must be on prosecution file at first appearance?
- Sum of facts
- charging document
- two discourse packs (initial + full)
The PPS will now
Conduct cat 3 jury trials?
False
Charging documents must be sworn it affirmed in front of a JP or registrar?
False
Where must bail conditions be recorded?
NIA charge module.
Recorded by FMC - will be sent electronically to court with charging doc if bail is not opposed.
If summons is required to be served personally, who may it be served on?
The defendant, his Or her family member living at same address who appears over age of 18
Who can authorise a charge?
Sgt or above- including acting sgt
If initial disclosure has been delivered at 1st appearance, what do criminal procedure rules recommend as time frames between 1st and 2nd appearance?
Cat 1 & 2 - 10 working days
Cat 3 & 4 - 15 working days
What must happen before a judge can require a plea to be entered?
Initial disclosure and opportunity to seek legal advice
Steps when sent a NIA task by prosecutions?
- Gather info ,
- Send to PSS via CJSU to comply with disclosure obligations
- update tasking
You must return a file to the prosecutor how many working days prior to trial?
5 working days
How many days prior to trail call over must the crown file formal statements?
25 days
In which situations would PPS send back a physical file to the O/C?
- Prepare file for JAT
- after pps file analysis doesn’t met evidential test and remedial action is required before CMD
What is a defended hearing called under the CPA?
Judge alone trial
Significant non compliance to CPA regulations could result in?
Costs being ordered against party responsible for non- compliance.
Police/ crown/ defence
The prosecutor must analyse the prosecution file within how many days after the entering of a not guilty plea?
3 days
Do child complaints and witnesses get automatic name suppression?
Yes
When do the crown accept responsibility for cat 4 offences?
After first appearance
The crown will assume responsibility for all jury trials for offences featuring on the crown schedule offences, following the entry of a plea? True/false
True
If police bail conditions are imposed when must the defendants 1st appearance must be no later than?
7 consecutive days from date bail was granted
