CRI 2 - CCDC

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Questions and Answers

Under what circumstances does the accused have the option to opt-in to the CCDC?

When the accused is claiming trial for the charges and opts-in. (correct)

When the accused is unrepresented.

Only for offences that fall within the High Court's definition.

When the Prosecution files its case.

What is NOT a purpose of the CPC as outlined in s160?

Admitting statements and documents.

Determining the trial outcome. (correct)

Listing witnesses to be called.

Filing the Case for the Defence.

Which type of court applies to CCDC as specified in the content?

Family Court.

Magistrate Court.

District Court. (correct)

High Court.

What timeframe must the court set for the CCDC date after opt-in?

8 weeks. Signup and view all the answers

Which section specifies the timeline for the prosecution to file its case?

s151(2) CPC. Signup and view all the answers

Which of the following offenses is categorized as bailable?

Causing Hurt Signup and view all the answers

What format must the defence bundle contain according to s165 CPC?

Any issues of fact or law pertaining to the defence. Signup and view all the answers

Under what condition can a police bail order be issued?

If the accused tends to abscond Signup and view all the answers

If the accused pleads guilty, what is the provision stated in s167 CPC?

The trial automatically concludes. Signup and view all the answers

What does section 92(1) of the CPC state regarding bail?

Bail must be offered as of right Signup and view all the answers

What happens if there is a failure to serve cases as specified in s169 CPC?

There could be a discharge not amounting to acquittal. Signup and view all the answers

Which of the following is NOT a reason to deny bail?

Accused has been previously convicted of theft Signup and view all the answers

Which section addresses the transmission of a case to the General Division of the High Court?

s210 CPC. Signup and view all the answers

What must be proven for an accused to be released if charged with a non-bailable offense?

There are no reasonable grounds for believing the accused committed the offense Signup and view all the answers

According to section 93(2) of the CPC, what action must be taken if there are no reasonable grounds to believe the accused committed a non-bailable offense?

The accused must be released subject to Rule 5 CPC Signup and view all the answers

Which of the following statements about non-bailable offenses is correct?

They may include offenses punishable by death. Signup and view all the answers

What characterizes a non-bailable offense under the Criminal Procedure Code?

There is a mandatory denial of bail under certain conditions. Signup and view all the answers

Which of the following is a prerequisite for bail to be granted in any case?

There must be valid reasons to deny bail. Signup and view all the answers

What is the primary purpose of determining the quantum of bail according to the principles outlined?

To ensure the bailor does not suffer financial loss Signup and view all the answers

Under what condition may the court release the accused on police bail?

When it is likely the accused will attend court proceedings Signup and view all the answers

Which of the following is NOT a condition that can be imposed on bail?

Regular employment Signup and view all the answers

What must the accused person demonstrate to the court to secure bail according to the legal principles?

They are not a flight risk Signup and view all the answers

What can happen if a bail condition is breached by the accused?

The accused may be arrested without a warrant Signup and view all the answers

Which of the following factors is NOT part of the 'Yin Yang Factors' considered by courts when granting bail?

The length of time in custody Signup and view all the answers

What would likely happen if the accused fails to appear for court after being granted bail?

The bail may be forfeited and they may be arrested Signup and view all the answers

According to the Criminal Procedure Rules, when does the CCDC apply?

Before any trial proceedings start Signup and view all the answers

Under section s93(5) of the CPC, what can happen to an accused individual who is out on bail?

They may still be arrested for unrelated charges Signup and view all the answers

What is a key distinction between agency bail and court bail?

Agency bail involves a third party guarantee Signup and view all the answers

Study Notes

Bail in Criminal Cases

Bailable Offence: Causing physical injury, theft, or mischief. These involve causing physical pain or injury to another person, taking another person's property without consent, or damaging property with the intent to cause inconvenience to the owner.
5th Column First Schedule CPC (Criminal Procedure Code) Contains essential criteria for bail decisions. Generally, bail is a right, not a discretion.
Section 92(1) CPC: Bail should be granted as a right (must be released) to persons arrested or detained without a warrant by a police officer, or brought before a court. The person must be prepared to give bail.
Section 92(3) CPC: Deals with accused persons who may abscond (likely to not attend court). The court can order no release on police bail, or refuse court bail, if there's sufficient ground to believe the person will not attend court.
Factors considered: Nature and seriousness of the offence, likely sentence, whether the accused is a citizen/resident of Singapore, their background/antecedents.
Police Bail: A bail offered by a police officer if the commissioner of police or court deems it appropriate.
Court Bail: Bail granted by the court.

Non-Bailable Offences

Murder: The unlawful premeditated killing of one human being by another.
Kidnapping: Taking someone unlawfully, typically for ransom, is a non-bailable offence.
Rape: Unlawful sexual acts using force, or threat of force, imposed on a person against their will.
Imprisonment by death or life imprisonment: An accused can't be granted bail or personal bond if charged with these types of offences.

Bail Granted at Court's Discretion (Section 93 CPC)

Non-bailable Offences: In cases of non-bailable offences, the police officer, or court (with certain conditions) can grant bail, subject to section 95(1)
Court discretion: Courts can grant bail at their discretion for non-bailable offences, either with or without sureties (a personal bond), subject to the established rules.
Additional factors: Grounds for further investigations, the accused might not surrender to custody if released, not be present for investigations or court.

Breach of Bail Conditions

Arrest without warrant: An accused who violates bail conditions can be arrested without a warrant, in specific situations.

Criminal Case Disclosure Conference (CCDC)

Applicability: Applies to cases where accused claims trial for charges AND opted-in.
Procedures: Statutory requirements and procedures (sections 157-171 and 227(5) of CPC, section 159), are specified for offences and cases tried in district courts. Accused can opt in or out
Discretion: The defence can choose to opt in or out for CCDC.

Purpose of CCDC

Section 160 CPC: Settling facts, trial dates, witness lists, and documents for the case.
Criminal case disclosure conference procedure: This procedure is for courts to determine the criminal cases, including any facts, issues, trial witnesses and documents.

Records of Statements

Statement requirements The prosecutors must disclose specific types of statements and documents
Presentation of Statements All statements have to be disclosed and presented during the scheduled steps in the relevant criminal case
Review and scrutiny of records: Detailed rules specify the kinds of statements that prosecutors are required to disclose and present to the defence in a scheduled manner, ensuring a fair court process.

Summary of Facts and Disclosure Obligations (Case for the Defence)

Filing and serving of defence: Requires the defendant to file and serve a case for defence, which must contain a summary of facts and points to support the defence.
Timeline for serving documents Defines the timeline for serving defence documents and specific requirements for how they are structured and presented.
Disclosing defence documents: Detailed rules cover the scope of disclosure for case documents in support of the defence and the procedure.

Disclosure Obligations (Prosecution)

Statements and documents: The prosecution's disclosure is clearly defined in terms of the specific requirements, including statements and documents, to ensure transparency.
Summary of defence: Specific procedures mandate the preparation, filing, and serving of a summary of the defence, including relevant summaries and details for the defence case.
List or exhibits: Rules outline how and when exhibits need to be listed, delivered, and presented in court.

Non-Disclosure Consequences

Consequences of non-disclosure: If non-disclosure of crucial evidence leads to an unsafe conviction, the court might overturn the conviction.
Standard of Proof If evidence isn't disclosed it can result in the process of fairness of the trial being compromised.
Other Considerations: Specific details are provided on specific situations such as appeals or when determining if evidence disclosure has caused a serious or prejudicial error.

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Description

Explore the intricacies of bail in criminal cases, focusing on bailable offences and the relevant sections of the Criminal Procedure Code (CPC). Understand the criteria for granting bail and what factors courts consider in making these decisions. This quiz will deepen your comprehension of legal procedures surrounding bail in criminal law.