CIPS - Module seven verified already passed 2024

CIPS - Module sevenSummary Offences - correct answer Can only be heard and decided by a Magistrate in Magistrates' Court. Less serious than indictable offences, penalties not as great. Chapter 3 Criminal Procedure Act 2009 s 27 - may be heard and determined summarily. Summary Offences - correct answer road traffic offences, minor assaults, property damage, offensive behavior, disorderly behavior, supplying liquor to minors, failure to answer bail. Courts of Summary Jurisdiction - correct answer Magistrate's Court - summary or simple offences. Children's Court - all offences summarily, h/e also conducts preliminary examinations or committal proceedings in respect of what matters where it has no jurisdiction or person elects to have matter dealt with that way. Summary Case Conference - correct answer Discussion between the prosecution and accused regarding pre-trial disclosure, issues in dispute and prospects of resolving charges. Provides opportunities for timely resolution of matters through negotiation. Criminal Procedure Act s 54. Evidence of anything said or done in conference is not admissible in later proceedings or judicial inquiry. Contest Mention Hearing - correct answer All parties and magistrate try to decide whether case can be resolved by finding common ground. Occurs before summary hearing. Criminal Procedure Act s 55 - court may conduct contest mention hearing at any time between return date and date on which charge is heard. Aim is to identify possibility of guilty plea, or to narrow issues in dispute. Indictable Offence Triable Summarily - correct answer IOTS Max terms imposed in Magistrates' court are two years for single offence or five years for multiple offences, or 500 penalty units. What are IOTS? - correct answer Level 5 or 6 offences. Punishable by level 5 or 6 imprisonment, fine or both. Punishable by term of imprisonment not more than 10 years, a fine of not more than 1200 penalty units or both. Listed in CPA Schedule 2. Criteria to Consider - correct answer Court must consider it appropriate and accused must consent. Court must consider seriousness of offence, adequacy of sentences available, if co-accused charged with same offence, any other relevant matters. Objecting to Summary hearing - correct answer Crim Procedure Act s 29(2) - If court does not consider it appropriate, matter will proceed as committal hearing. DPP v Cowling (1994) - Opinion that summary hearing is not appropriate is not formed lightly. Hansford v Judge Neeesham (Unreported) VSC, 31 August 1994; Hall v Braybrook (1956) - no general power to obtain additional info about previous convictions before deciding to grant application for summary hearing. Procedure - correct answer Crim Procedure Act ss 6, 29; Children, youth and families act 2005 s 356 - application by informant or accused or offered by court. Consent - correct answer Crim Procedure Act ss 29-30 - accused must consent. Crim Procedure act s 62 - not essential for accused to be represented. Children's Court - correct answer Children, youth and families act s 344 - aged under 10 years presumed incapable of committing offences. s 516 - indictable offences except murder, attempted murder, manslaughter, child homicide, defensive homicide, arson causing death and culpable driving causing death may be heard summarily in children's court. Committal Hearing - correct answer Magistrates' Court. Magistrate will decide if there is enough evidence to send accused to County or Supreme Court for trial