Criminal Procedure Act 2011 Flashcards Preview

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Flashcards in Criminal Procedure Act 2011 Deck (11)
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1
Q

Category 1 Offence

A
  • Not punishable by imprisonment
  • Can plead guilty by notice to the registrar
  • Judge alone trial n District Court plea of not guilty
  • if defendant doesn’t appear the hearing can still proceed
2
Q

Category 2 Offence

A
  • Maximum penalty of less than two years or community based sentence.
  • case management provisions apply
  • judge alone trial in the district court
3
Q

Category 3 Offence

A
  • Punishable by at least two years imprisonment and aren’t category 4 offences
  • Case management provisions apply
  • the defendant has the right to elect trial by jury
  • The trial may be in the DC or the HC
4
Q

Category 4 Offences

A
  • most serious crimes, murder, manslaughter
  • Case management provisions apply
  • the crown is always the prosecutor
  • the trial is always a jury trial in the HC
5
Q

Evidential Test

A

Is the sufficient admissible evidence to provide a reasonable prospect of conviction

6
Q

Public interest test

A

Prosecutions are brought for the benefit of the public, not individuals.

7
Q

Who can authorise a prosecution

A

Sergeant or above or person acting in those positions.

8
Q

Summons

A
  • Can be issued before or after a charge is filed
  • charging document must be filed as soon as reasonably practicable after summons is served.
  • Cat 2, 3 and 4 offences, summons must be served personally
  • Cat 1 offences summons can be posted but not electronically.
9
Q

If bail conditions imposed, hearings must be within…

A

7 days

10
Q

If no bail conditions imposed, hearings must be within…

A

14 days

11
Q

Full disclosure must be made within how long after a guilty plea…

A

3weeks