Week 1

Question 1

Types of Bail Application

Answer 1

Detention - Initiated by Prosecutor
Release - Initiated by Defence
Vary - Initiated by interested party, can be either.

Question 2

Bail Application Sections

Answer 2

Section 49: - Release Application
Section 50: - Detention Application
Section 51: - Variation Application

Question 3

Where Can Police Make a Bail Decision?

Answer 3

Police Station
Hospital
Mental Health Facility
Police Review*
* Senior Police can review and vary the bail decision of another officer.

Question 4

True or False: the court registrar may act as a bail authority

Answer 4

True

Question 5

How Long Does a Bail Decision Last?

Answer 5

It is legislated to last until it is varied, revoked or substantive proceedings for the event conclude.

Question 6

Section 40 Bail Act 2013

Answer 6

Stay of release decision if detention sought

Question 7

Bail Decisions & Sections

Answer 7

Section 9: Release w/o bail,
Section 10: Dispense Bail,
Section 11: Refuse or Grant Bail

Question 8

Show Cause offences and Section

Answer 8

Section 16B Bail Act 2013
Offences include: Murder, offences with life in prison, Sexual intercourse >16, ABH with intent to commit sexual intercourse >16 etc.

Question 9

DPP v Tikomaimaleya [2015]

Answer 9

Supreme court decision that found if an offence is show cause, there is a two step process for a bail decision. First, why continued detention is unjustified & then the bail risk assessment model

Question 10

Section 33 Interpretation Act 1987

Answer 10

Regard to be had to the purposes or objects of Acts and statutory rules

Question 11

Types of Precedent

Answer 11

Original Precedent - creates and applies a new rule
Declaratory Precedent - merely the application of an existing rule of law
Authoritative Precedent - Bind and must be followed
Persuasive - Not binding but worthy of consideration

Question 12

Statute V Common Law

Answer 12

Statute - Legislated Acts of Parliament
Common Law - Judge Made Law

Question 13

Ratio Decidendi?

Answer 13

“Reason for Decision”

Question 14

Orbiter Dictum?

Answer 14

“By the Way” An observation made by a judge on a legal question submitted by a case before that judge, but not so arising in manner that it requires a decision

Question 15

When there is a conflict between Commonwealth and Statute Law, which prevails

Answer 15

Commonwealth Law always prevails

Question 16

Doctrine of Precedent

Answer 16

“Like cases ought to be heard alike”

Question 17

Court Heirarchy

Answer 17

High Court of Australia
Court of Criminal Appeal / Court of Appeal
Supreme Court
District Court
Local Court
Children’s Court
Coroner’s Court
Special Commissions of Enquiry / Royal Commissions

Question 18

Section 36 Criminal Procedure Act 1986

Answer 18

Right for a Prosecutor to appear in a matter

Question 19

Who can elect upon Table 1 Offences

Answer 19

Prosecution OR Defendant

Question 19

Who can elect upon Table 2 Offences

Answer 19

Prosecution ONLY

Question 20

Strictly indictable offences

Answer 20

Those offences not listed in Table 1 or Table 2

Question 21

Section 260 Criminal Procedure Act 1986

Answer 21

Table 1/2 offences to be dealt with summarily unless prosecution or defendant elect otherwise

Question 22

True or False: CAN proceedings commence only when the CAN is filed at the registry

Answer 22

True.

Question 23

Section 23 Criminal Procedure Act 1986

Answer 23

Indictment may contain 3 similar counts

Question 24

Which Courts are Binding and where

Answer 24

High Court: Binding on all lesser courts in Australia Supreme: Binding on inferior courts in the same state District: Persuasive, not binding

Question 25

Section 179 CPA 1986

Answer 25

Time Limit for Commencement of Proceedings (Statute of Limitations) Statute: 6 Months

Question 26

Section 175 CPA 1986

Answer 26

Form of a CAN

Question 27

Section 11 & 12 CPA 1986

Answer 27

Section 11: Description of Offence Section 12: Short Description of Certain Offences

Question 28

Rule 3.11 LCR 2009

Answer 28

Commencement of Proceedings

Question 29

What needs to be in the CAN

Answer 29

a. Offence description b. Particulars c. Prosecutor (OIC) d. Specify Court T/D/P e. State failure to attend = may be warrant OR dealt with in absence

Question 30

Clause 24 (S.24) CPR 2017

Answer 30

Where a Brief is NOT Required

Question 31

Section 182 CPA 1986

Answer 31

Written plea's - S.182 (3)(b) Taken to have attended court if they write in

Question 32

Section 25(2) Warrant?

Answer 32

Bench Warrant / Warrant to appear

Question 33

S.183 CPA 1986

Answer 33

Brief to be served upon plea of NOT guilty

Question 34

3-Step system for a CAN

Answer 34

Commencement S.172 CPA Service S.177 CPA Filing S. 178 CPA

Question 35

Rule 3.13 LCR

Answer 35

Name/Age/Jurat/Signed and witnessed requirements for statements

Question 36

Section 192 CPA 1986

Answer 36

Must proceed to hearing if all parties present

Question 36

Section 187 CPA 1986

Answer 36

Circumstances where the BoE need not be served. (Pieces missing, Could not be served on the accused) (Court can grant adjournment if it appears just and reasonable if brief wasn't served)

Question 37

S. 222 CPA 1986

Answer 37

Police Subpoena Issued

Question 38

Section 4 Crimes (Appeal and Review) Act 2001

Answer 38

Annulment: Overturning of conviction. Can be initiated up to 2 years after conviction.

Question 39

Section 213 CPA 1986

Answer 39

Cost Applications Against Prosecutor (Must be read with S. 214)

Question 40

Section 40 CPA 1986

Answer 40

Adjournments Generally

Question 41

Section 223 CPA 1986

Answer 41

Must serve within 5 working days of the date it must be complied with

Question 42

Section 229 CPA 1986

Answer 42

Subpoena non-compliance

Question 43

Section 216 CPA 1986

Answer 43

Costs on Adjournment

Question 44

Section 214 CPA 1986

Answer 44

Limitation on award of professional costs

Question 45

Bail Stay Restrictions

Answer 45

1. Must be Serious Offence 2. On the accused's first application at court (A bail decision has not previously been made) 3. Bail is granted by the Magistrate

Question 46

Section 17 Bail Act 2013

Answer 46

Assessment of Bail Concerns

Question 47

Section 19 Bail Act 2013

Answer 47

Refusal of Bail - Unacceptable Risk

Question 48

DPP V West [2000]

Answer 48

"...to get the prosecution back on the rails". Provides that in S187(4), the court "may" grant one or more adjournment

Question 49

Section 36 Interpretations Act 1987

Answer 49

Timing on when proceedings must commence

Question 50

DPP V FUNGAVAKA

Answer 50

Provides that the decision to refuse an adjournment in accordance with 187(4) should not be made solely of POL to comply with 183(3)... but that other considerations should be taken into account.

Question 51

DPP V CHAOUK

Answer 51

Provides other policy considerations to be made in relation to granting a 187(4): - Gravity of charges - Public interest - Attitude of accused - Consider double jeopardy

Question 52

Section 188 CPA 1986

Answer 52

Evidence not to be admitted 1) refusal to admit prosecution evidence if it fails to comply with 183. 2) Court may dispense of (1) on such terms and conditions as appear just and reasonable.

Question 53

Definition of Brief

Answer 53

...to consist of documents regarding the evidence that the prosecutor intends to adduce in order to prove the commission of the offence