CRI 1 - Taking instructions

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Questions and Answers

What is the primary purpose of bail?

To prevent the accused from fleeing justice

To ensure the bailor fulfills their responsibilities (correct)

To allow the accused to evade judicial proceedings

To provide financial security for the bailor

Which of the following conditions must be complied with for release on bail according to the stipulated statutory conditions?

Non-interference with the accused's family

Surrender of travel documents (correct)

Immediate payment of the full bail amount

Voluntary attendance at all court hearings

In what circumstance is bail NOT permitted according to the Criminal Procedure Code?

The accused is charged with a bailable offence

The accused is charged with an offence punishable by death (correct)

The accused is charged with a minor non-bailable offence

The accused poses a flight risk

What can lead to the arrest of an individual released on bail for non-bailable offences?

Failing to cooperate with investigations Signup and view all the answers

Which factor is NOT considered when deciding bail for non-bailable offences?

The accused's prior criminal record Signup and view all the answers

What is likely to happen if a person breaches conditions of their bail?

They may face arrest without a warrant Signup and view all the answers

Carve outs for granting bail include which of the following situations?

The accused is determined to be a juvenile Signup and view all the answers

What must occur if there are grounds to investigate another bailable offence?

The accused must be released for further investigation Signup and view all the answers

What can a written representation to AGC NOT include?

False information Signup and view all the answers

Which statement accurately describes the implications of representations made to AGC?

They are considered without prejudice and may not be used in court. Signup and view all the answers

In the context of CCDC procedures, which of the following statements is true?

Only specified offenses in the Second Schedule of the CPC qualify for automatic inclusion. Signup and view all the answers

What is the obligation of the prosecution under Rule 14(4) of the Legal Profession (Professional Conduct) Rules 2015?

To inform the court Signup and view all the answers

What is the legal consequence of making false representations to AGC?

Potential prosecution under Section 182 of the Penal Code. Signup and view all the answers

If a client opts into CCDC procedures, which condition must be met?

All parties must consent for offenses not specified in the Second Schedule. Signup and view all the answers

According to Rule 14(5)(a)(i), when advising a client, what must the counsel ensure?

That the client pleads guilty Signup and view all the answers

What does Rule 14(3)(b) stipulate regarding the defense counsel's responsibilities?

They should defend the accused regardless of personal beliefs Signup and view all the answers

What is the penalty for causing the disappearance of evidence according to s 201 of the Penal Code?

Up to 10 years and/or fine Signup and view all the answers

Under which condition must a legal practitioner avoid concocting evidence as stated in Rule 9(2)(g)-(h)?

To protect the integrity of the judiciary Signup and view all the answers

What does Rule 14(6) stipulate about the defense counsel's actions if the accused absconds?

They are permitted to continue their representation Signup and view all the answers

What does s 204A of the Penal Code relate to?

Obstruction of justice Signup and view all the answers

What must defense counsel do regarding the previous convictions of the accused as stated in Rule 14(8)?

Disclose previous convictions to the court Signup and view all the answers

What is required of a bailor as advised to a client prior to being charged?

Should not have any previous criminal convictions Signup and view all the answers

What can lead the court to refuse police bail?

The circumstances and facts of the case Signup and view all the answers

Which of the following is NOT considered a factual consideration affecting bail?

Public opinion Signup and view all the answers

Mandatory bail must be provided by the court when which criterion is met?

The specific criteria for the offense are satisfied Signup and view all the answers

Which of the following actions can be taken when representing a client after being charged?

Request a reduction of charges Signup and view all the answers

What is a requirement for someone to act as a bailor?

They must not be involved in any ongoing investigations Signup and view all the answers

The defense of alibi requires what kind of notice before being presented in court?

Sufficient notice must be given Signup and view all the answers

What defines a bailable offense?

An offense for which bail is permissible under the law Signup and view all the answers

In the context of bail, which factor is included in prescribed grounds for belief?

Potential sentence Signup and view all the answers

Which of the following statements regarding false representations in the bail hearing is true?

They must be avoided as they are punishable by law Signup and view all the answers

According to the protocol for bailors, which characteristic is NOT a requirement?

Must have prior experience in legal matters Signup and view all the answers

Which of the following is NOT a requirement for a bailor to be present in court?

Must be below 21 years old Signup and view all the answers

What type of statement must an accused individual be informed of before making a caution?

Cautioned statement Signup and view all the answers

What is the purpose of the 'long statement' as defined under s 22 CPC 2010?

To allow the accused to provide information while preserving the right to silence Signup and view all the answers

Which of the following is NOT included in the background information that should be gathered from a client?

Social media activity Signup and view all the answers

When a statement is made under s 22 CPC 2010, which obligation is NOT required?

The person must provide a witness to the statement Signup and view all the answers

What happens if the accused does not understand English when making a statement?

The statement must be interpreted in a language the person understands Signup and view all the answers

Which of the following is true regarding the bailor's responsibilities?

The bailor must provide suitable security Signup and view all the answers

What should be included in the instructions from the client?

Instructions on whether to plead guilty or not Signup and view all the answers

Which of the following categories is NOT part of the client's background information?

Travel history Signup and view all the answers

Which statement regarding the consequences of making a long statement is true?

The long statement can lead to self-incrimination Signup and view all the answers

Study Notes

Bail Considerations

Bail amount is determined by the bailor's financial stake and their responsibility to ensure the accused attends court.
Bail is primarily for ensuring the accused's attendance, not just preventing flight.
Statutory bail conditions include attendance, surrender of travel documents, cooperation with investigations, non-commission of further offences, no interference with witnesses, and restrictions on leaving Singapore without permission.
Breaching bail conditions can lead to warrantless arrest.
Circumstances like youth or medical unfitness allow for possible exceptions for bail.
Non-bailable offences consider the severity of the penalty, the accused's likelihood of fleeing, potential tampering of evidence, and any grounds that suggest non-surrender to custody, unavailability for investigation, or avoidance of further court appearances.

Criminal Procedure Code (CPC)

Court has authority to decide about bail.
Court discretion includes refusal of police bail under certain circumstances.
Factors like the severity of the offence and potential sentence are used in deciding bail.
Bailable offences are determined and defined by the CPC and its first schedule.

Legal Practitioner Conduct Rules (LPC)

Prosecutors must inform the court of prior convictions and relevant precedents, as well as any mitigating circumstances if the accused is unrepresented.
Defence counsel cannot fabricate evidence, offer opinions that are not supported by clients or instructions, make contentious issues that are not reasonable, or provide untrue evidence (with certain exceptions, like allegations of fraud).
Counsels have a responsibility to advise clients on whether to plead guilty or claim trial.
Counsels must not be absent from a trial or hearing without justifiable cause or inform the accused person of the reason(s) for absence.
If the accused absconds, counsel can apply to be relieved or continue defence under the assumption the accused will abide by their instructions, but only if the accused person was absent but elected to remain silent.
Counsel should not disclose prior convictions, but cannot provide evidence or make submissions that are inconsistent with any prior convictions or antecedents.

Burden of Proof

The burden of proving circumstances to place a crime under an exception lies on the accused.
Proof of facts especially within a person's knowledge, rests with that person.

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Description

This quiz explores the intricacies of bail considerations as outlined in the Criminal Procedure Code (CPC). It covers the factors influencing bail amounts, statutory conditions, and the consequences of breaching those conditions. Test your knowledge on how bail functions within the legal system, particularly in Singapore.