Preliminary to trial at CC

Questions and Answers

What may happen if the prosecution's decision is adjourned for further review?

The accused is automatically acquitted.

The trial is immediately terminated.

The jury takes over the proceedings.

It could lead to a serious injustice. (correct)

What must the prosecution do for the judge's views on bargaining to be binding?

Wait for the jury to make a decision.

Plead guilty to all charges beforehand.

Proceed with the trial without any direct approval.

Seek prior approval from the judge. (correct)

At what point may an accused change their plea from not guilty to guilty?

At any stage prior to the jury returning their verdict. (correct)

After sentencing has been pronounced.

Only after the jury has returned a verdict.

Only during the opening statements.

What occurs if the change of plea happens after being charged in front of a jury?

The jury must be directed to return a formal verdict of guilty. Signup and view all the answers

What happens if no verdict is entered by the jury during the trial?

The conviction can be quashed. Signup and view all the answers

What should a judge do if the defendant wishes to vacate a guilty plea that was entered without a jury verdict?

Deny the request based on procedural rules. Signup and view all the answers

What is the outcome if a defendant changes their plea on the second day of proceedings?

The proceedings can continue without a jury's verdict. Signup and view all the answers

What legal consequence can arise from a judge's decision to discharge the jury without any verdict?

Proceedings can be treated as a guilty plea on arraignment. Signup and view all the answers

What is required for the judge to dismiss a charge upon an application for dismissal?

Assessment that the evidence would not ensure a proper conviction. Signup and view all the answers

Which statement accurately describes the nature of an application for dismissal?

It can be made either orally or in writing after service of evidence. Signup and view all the answers

When looking at the evidence for an application for dismissal, how should a judge assess it?

Considering the whole of the evidence in context, not in isolation. Signup and view all the answers

What limitation does the court have in preventing the Crown from proceeding with a prosecution?

The Crown may proceed unless there is a clear legal barrier. Signup and view all the answers

Which of the following must be demonstrated for a judge to assess the prosecution's proposed inferences?

That the prosecution's proposed inferences can be properly drawn. Signup and view all the answers

In what situation can the accused apply for dismissal of charges?

After receiving evidence but before the arraignment. Signup and view all the answers

What is the judge's role when considering evidence in an application for dismissal?

To consider both the direct evidence and the context in which it is presented. Signup and view all the answers

How should the judge handle evidence that requires inferences to be drawn?

Consider whether the jury could reasonably draw the proposed inferences. Signup and view all the answers

What discretion does a judge have regarding a plea of guilty?

The judge can allow the withdrawal of a guilty plea at any time before sentence is passed. Signup and view all the answers

Which of the following is NOT a requirement for taking a defendant's plea in the Crown Court?

Ensuring the defendant understands all legal terms under oath. Signup and view all the answers

Under what circumstance can a judge withdraw a guilty plea?

Any time before the sentence is passed. Signup and view all the answers

What must the prosecutor provide regarding an indictment in order to proceed with a trial?

A written confirmation about the offenses and particulars of conduct. Signup and view all the answers

What is the first option available to the prosecution when a defendant pleads not guilty?

Proceeding to contested trial Signup and view all the answers

Which statement accurately describes the effect of a prosecutor offering no evidence against a defendant who pleads not guilty?

The court can order a verdict of not guilty without a jury trial. Signup and view all the answers

What is the role of a judge in exercising discretion regarding a plea withdrawal?

To ensure discretion is exercised judicially. Signup and view all the answers

What action must be taken when more than one indictment is presented?

The indictment the prosecutor wants to proceed with must be identified. Signup and view all the answers

What does letting counts lie on file achieve for the prosecution?

Avoidance of a trial while keeping the charges open for future consideration. Signup and view all the answers

What occurs if a judge erroneously believes they have no power to allow plea withdrawal?

A new trial may be warranted based on that erroneous belief. Signup and view all the answers

In what scenario would the prosecution most likely choose to let counts lie on file?

When the defendant pleads guilty to most charges but denies others. Signup and view all the answers

What potential advantage does requesting that an indictment lie on file provide to the prosecution?

It avoids automatic acquittal while preserving the option for future prosecution. Signup and view all the answers

Which of the following accurately describes the process of letting counts lie on file?

Counts that lie on file allow for potential future proceedings without conviction. Signup and view all the answers

What must a defendant successfully demonstrate in an application for dismissal of charges?

That charges are fundamentally improper or unfair. Signup and view all the answers

What could lead to a test on dismissal applications in court?

The existence of procedural errors in the indictment. Signup and view all the answers

Which of the following does NOT describe a valid option for the prosecution after a not guilty plea?

Automatically dismissing all charges Signup and view all the answers

What is the primary focus of the tests laid down by common law regarding unfitness to plead?

The accused's capacity to follow legal proceedings and instructions Signup and view all the answers

Who has the burden of proof when asserting that the accused is unfit to plead?

The prosecution carries the burden of proof beyond reasonable doubt Signup and view all the answers

During which procedure is the indictment read to the accused?

Arraignment Signup and view all the answers

What happens if the accused pleads guilty to the first of two alternative counts?

The second count is ignored and no plea is necessary Signup and view all the answers

In a joint indictment against multiple accused, what is the normal practice during arraignment?

To arraign them together with separate pleas taken from each Signup and view all the answers

What must the court determine regarding the accused’s understanding during the trial?

If the accused can challenge jurors appropriately Signup and view all the answers

What difficulty does the prosecution face if the accused is unfit to plead in certain offenses?

Proving the intent of the accused Signup and view all the answers

What is the essential role of prosecuting counsel related to unfitness to plead?

To assist the court in ensuring justice is served Signup and view all the answers

Study Notes

Indictment and Dismissal Applications

An entire indictment can remain on file without objection.
A defendant's ability to stand trial hinges on limitations within the court's discretion regarding Crown prosecutions.
The accused may apply for dismissal of charges orally or in writing after receiving evidence documents, but before arraignment.
Judges must dismiss charges if evidence is insufficient for a conviction; this applies to counts in the indictment.

Evidence Considerations in Dismissal

Judges must consider all evidence against the accused in context, not in isolation.
The judge assesses the inferences and conclusions the prosecution proposes, determining if a jury could reasonably draw them.

Withdrawal of Guilty Pleas

Accused can withdraw a guilty plea up to the sentencing stage; this is a judicial discretion.
This discretion also applies even when a not guilty plea has been entered.

Plea Procedure in Crown Court

The Crown Court must identify the indictment the prosecutor wants read to the defendant and ensure accurate identification of the defendant.
Requirements include confirming the indictment outlines each offense and particulars supporting the allegations.
If multiple counts exist, each count must be addressed separately, except when one count negates another.

Fitness to Plead

Fitness to plead is determined by common law tests, assessing whether the accused can understand the proceedings.
Accused must demonstrate capability to defend themselves, challenge jurors, instruct legal representatives, and follow evidence.
The burden of proof shifts depending on the party raising the unfitness claim.

Arraignment Procedure

Arraignment involves reading the indictment to the accused and obtaining pleas for each count.
In joint indictments, separate pleas are taken from each individual accused.

Prosecution Options After Pleas

Following a not guilty plea, prosecution can either proceed to a contested trial, offer no evidence, or request the indictment to be left on the court file.
If the prosecution offers no evidence, a not guilty verdict can be recorded without jury involvement, effectively acquitting the defendant.

Counts Lying on File

The prosecution can ask for certain counts to lie on file, avoiding trials for counts where the accused pleads guilty but leaving other counts unresolved.
This approach protects against an unfair acquittal on remaining counts where evidence may still exist.

Change of Plea

An accused can change their plea from not guilty to guilty any time before a jury's verdict.
Changing plea post-jury selection requires specific procedures and can lead to nullity of the trial if not conducted properly.
The court may quash a conviction if there are issues with the prosecution or plea processing.

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Description

This quiz focuses on the nuances of dismissal applications in criminal law, specifically addressing the procedures and discretion of the court regarding the prosecution of the accused. It provides insight into the legal framework surrounding these applications and their implications on trial processes.